Our
new Chancellor of the Exchequer revealed a ban on tenant fees in his first
Autumn Statement on Wednesday - What does this actually mean for Staines
tenants and Staines landlords?
The private rental sector in Staines
forms an important part of the Staines housing market and the engagement from
the chancellor in Wednesday’s Autumn Statement is a welcome sign that it is
recognised as such. I have long supported the regulation of lettings agents
which would ensconce and cement best practice across the rental industry and, I
believe that measures to improve the situation of tenants should be introduced
in a way that supports the growing professionalism of the sector. Over the last
few years, there has been an increasing number of regulations and legislation
governing private renting and it is important that the role of qualified, well
trained and regulated lettings agents is understood.
Great News for Staines
Tenants
So, let’s look at tenants... this
is great news for them, isn’t it? Well
before you all crack open the Prosecco, read this …
Although I
can see prohibiting letting agent fees being welcomed by Staines tenants, at
least in the short term, they won’t realise that it will rebound back on them.
First up, it will take between
12 and 18 months to ban fees, as consultation needs to take place, then
it will take an Act of Parliament to implement the change. A prohibition on
agent fees may preclude tenants from receiving an invoice at the start of the
tenancy, but the inescapable outcome
will be an increase in the proportion of costs which will be met by landlords,
which in turn will be passed on to tenants through higher rents.
Published at the same time as the Autumn Statement, hidden in the Office for Budget
Responsibility’s Economic and Fiscal Outlook on the Autumn Statement (The Office for Budget Responsibility being
created by Government in 2010 to provide independent and authoritative analysis
of the UK’s public finances), it said on Wednesday …
“The Government has also announced its
intention to ban additional fees charged by private letting agents. Specific
details about timing and implementation remain outstanding, so we have not
adjusted our forecast. Nevertheless, it is possible that a ban on fees would be
passed through to higher private rents”
The charity Shelter and Scotland
Scotland banned Letting Fees in 2012. The charity
Shelter have been a big voice in persuading and lobbying the Government since
it managed to persuade the Scottish Parliament to ban fees in 2012. On all the
TV and radio shows at the moment, they keep talking about their Independent Research,
which they said showed that,
“renters,
landlords and the industry as a whole had benefited from banning fees to
renters in Scotland. It found that any negative side-effects of clarifying the
ban on fees to renters in Scotland have been minimal for letting agencies,
landlords and renters, and the sector remains healthy.”
Going on,
“Many
industry insiders had predicted that abolishing fees would impact on rents for
tenants, but our research show that this hasn’t been the case. The evidence
showed that landlords in Scotland were no more likely to have increased rents
since 2012 than landlords elsewhere in the UK. It found that where rents had
risen more in Scotland than in other comparable parts of the UK in 2013, it was
explained by economic factors and not related to the clarification of the law
on letting fees”
.. yet the devil is in the detail….
Only yesterday Shelter were quoting this Research
from December 2013 to say rents did not go up following the tenant fee ban in Q4
2012. I have read that research and I agree with that research, but it was published
three years ago, only 12 months after the ban was put into place.
I find it strange they don’t seem to mention
what has happened to rents in Scotland in 2014, 2015 and 2016... because that
tells us a completely different story!
What really happened in Scotland to rents?
I have carried out my research up to the end of Q3 2016 and
this is the evidence I have found...
In Scotland, rents have risen,
according the CityLets Index
by 15.3% between Q4 2012 and today
(CityLets being
the equivalent of Rightmove North of the Border – so they know their onions and
have plenty of comparable evidence to back up their numbers).
When I compared the same time frame, using Office of
National Statistics figures for the English Regions between 2012 and 2016, this
is what has happened to rents
· North
East 2.17% increase
· North
West 2.43% increase
· Yorkshire
and The Humber 3.21% increase
· East
Midlands 5.92% increase
· West
Midlands 5.52% increase
· East of
England 7.07% increase
· South
West 5.82% increase
· South
East 8.26% increase
· London
10.55% increase
….and let me remind you about Scotland … 15.3% increase.
Are you really telling me the
Scottish economy has outstripped London’s over the last 4 years? Is anyone
suggesting Scottish wages and the Scottish Economy have boomed to such an
extent in the last 4 years they are now the Powerhouse of the UK? .. because if
they had, Nicola Sturgeon would have driven down the A1 within a blink of an
eye, to demand immediate Independence.
So what will happen in the Staines Rental
Market in the Short term?
Well nothing will happen in the next 12 to 18
months... it’s business as usual!
… and the long term?
Rents will increase as the
fees tenants have previously paid will be passed onto Landlords in the
coming few years. Not immediately... but they will.
As a responsible letting agent, I have a
business to run. It takes, according to ARLA, (Association of Residential
Letting Agents) on average 17 hours work by a letting agent to get a tenant
into a property. We need to
complete a whole host of checks prescribed by the Government; including a right
to rent check, Anti Money Laundering checks, Legionella Risk Assessments, Gas Safety
checks, Affordability Checks, Credit Checks, Smoke Alarm checks, Construction (Design &
Management) Regulations 2007 checks,
compliance with the Landlord and Tenant Act, registering the deposit so the
tenants deposit is safe and carry out references to ensure the tenant has been
a good tenant in previous rented properties.
All of which the
vast majority of lettings agents take very seriously and are expected to know
inside out making us the experts in our field. Yes, there are some awful agents
who ruin the reputation for others, but isn't that the case in most
professions?
.. but business
is business.
No landlord or
tenant goes to work for nothing. Letting
agents can’t do that either.
I, along with
every other Staines letting agent will have to consider passing some of that
cost onto my landlords in the future. Now of course, landlords would also be able to offset
higher letting charges against tax, but I (as I am sure they) wouldn’t want
them out of pocket, even after the extra tax relief.
One
way that landlords will seek to recover those costs is by putting up their rent
more than they might have done otherwise.
Conclusion
Banning
letting agents’ fees removes the need for tenants to find lump sums of money
when they move. That will mean tenants will have greater freedom to move home.
However,
if England follows Scotland, then the result will be higher rents and tenants
have to pay rent every month, not just at the start of a tenancy. Perhaps not
the big win for tenants that both they and Shelter are hoping for?