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Legal warning for novice landlords
NOVICE
landlords are flooding the buy to let market with properties they
are unable to sell, according to reports released this week.
The Royal Institution of Chartered Surveyors (RICS) says the slump
in house sales is forcing many more people to become either
landlords or tenants. In July, RICS members saw new instructions
from landlords rise at their fastest rate on record. However,
legal experts say people should beware of the potential pitfalls of
becoming a landlord.
Claire Egerton, residential property partner at national law firm
Lewis Hymanson Small, said landlord and tenant laws are complex:-
“First and foremost, potential landlords need to check with their
lender whether they’re able to let out the property before even
considering becoming landlords. Landlords new to the game must
recognise their legal responsibilities.
For example, all gas
appliances must be properly maintained and an annual safety check
should be carried out by a CORGI approved contractor. The landlord
should keep a record of these checks and any remedial work carried
out, for at least 2 years. Landlords must provide a copy of
the gas safety certificate to the tenant at the commencement of the
tenancy. Landlords could still be liable for property damage or
personal injury to the tenant.
For tenants of course, this is good news as with an increasing
number of properties on the rental market, rents are likely to be
reduced considerably.”
Robert Jordan, chairman of Jordan’s and founder of the Rent-2-Buy
scheme that helps 1st times buyers and novice landlords, said:-
“New buy-to-let investors should ensure that they have a proper
lease drawn up before they rent out a property. Failure to comply
with the assured short hold tenancy legislation could result in not
being able to evict tenants who could gain security of tenure.
Novice landlords should also use a professional letting agent either
a member of the RICS or ARLA. They will ensure the landlords money
is bonded so if the agent goes bust the landlord will get their
money. There are lots of Estate Agents offering rental services who
are not members of these organizations and landlords money could be
at risk."
Robert Jordan has produced a ten-point checklist for new landlords:-
1) Notify your bank or building society if the property is mortgaged
and you are planning to let the property.
2) Advise your insurers as your buildings and contents policy will
need amending to cover the property against malicious damage and
bursts if the property is left empty . There are specialist policies
for landlords.
3) Confirm with the freeholder there are no restrictions or
covenants which prevent you from letting the property
4) Pay taxes - if you are residing outside the UK and you are
using an agent you need to register with HMRC to enable you to get
your rent paid without tax being deducted.
5) Keys – have keys cut for the property, enough for each
adult tenant plus a set for a lettings agency who should hold them
in a secure way without the address on the label
6) Legal - The Landlord will be responsible for legal action
against tenants plus any necessary costs incurred. Using a qualified
solicitor is essential.
7) Inform Gas and Electricity suppliers of the date of transfer to
the new tenants your professional letting agent should be able to do
this for you
8) Water Rates and council tax are the Tenant's responsibility in
most cases, but advise them of your new forwarding address. Beware
there are charges for Council Tax if the property is left empty.
Arrange the transfer for the actual day that your tenants will be
moving in.
9) Money Don’t release the keys until you have all the rent and
deposit. There is legislation requiring deposits to be registered if
you do not there is a mandatory fine of three months rent.
10) Mail Redirection - the post office can redirect your
mail. Arrange prior to vacating the property for the term of the
tenancy. |
MERSEY RECYCLING FIGURES ON THE UP, BUT LOCAL WASTE OFFICIALS SAY
MORE CAN BE DONE
HOUSEHOLDERS
across Merseyside recycled over 29% of their waste last year, as new
figures released this week show the latest efforts to tackle the
region’s waste mountain. The region has improved the amount of
waste it recycles - up 7% from last year (from 22.5% to 29.3%),
according to the annual review published by Merseyside Waste
Disposal Authority (MWDA). Other findings show the region is
sending less of its rubbish to landfill and that waste generated per
person has fallen.
Carl Beer, Director of MWDA, said:- "Not long ago we were
struggling to reach double figures in terms of the percentage of
waste we recycle. This big year-on-year increase just shows the
progress we’re making, and the real potential for much more to come.
The fact remains however that we are still creating too much waste,
reusing or recycling too little and not getting enough value from
what we’re throwing away.”
The 2007/08 review shows:-
• 29.3% of the total waste Merseyside householders produce is
recycled or composted
• The region
currently sends around 530,000 tonnes of waste to landfill – 12%
less than last year (600,000 tonnes)
• Around 550 kg of
household waste per head of population is generated each year (down
2% from last year)
• All 14 Household
Waste Recycling Centres (HWRCs) on Merseyside recycle over 40% of
material that they receive
• MWDA has led a
range of educational site visits for nearly 1,000 school children
and over 300 members of community groups during the year.
MWDA spearheads a number of recycling initiatives across the region,
including ‘Swap Days’ (where residents bring and exchange unwanted
items for free), educational workshops and compost giveaways.
It is also in the midst of a £3.3 billion exercise to procure new
facilities capable of meeting the waste disposal needs of Merseyside
homes for the next 25 years.
Councillor Kevin Cluskey, Chairperson of the Waste Disposal
Authority said:- "This level of improvement wouldn’t be
possible without enthusiastic support from the public - Merseyside
householders have shown a real commitment to cutting back on waste.”
MWDA aims to increase recycling performance levels to above 40% by
2020, but its current level still lags behind the national average
for recycling (33.9%).
Milk may reduce exercise-induced muscle damage
MILK may
reduce exercise-induced muscle damage (EIMD), according to a recent
study published in Applied Physiology, Nutrition, and Metabolism.
Dr Judith Bryans, Director of The Dairy Council and Registered
Nutritionist, said:- “This study supports the growing volume
of literature which suggests that milk is a powerful post exercise
recovery aid. Previous research has shown milk to be an effective
rehydration solution, while this is the first study to suggest that
drinking milk following muscle-damaging exercise may decrease muscle
damage.”
The study carried out in male volunteers investigated the effects of
consuming semi-skimmed milk, a milk-based carbohydrate-protein
supplement (milk-based CHO-P), water or a sports drink, on EIMD and
muscle performance after exercise designed to induce muscle damage.
EIMD is the result of the breakdown of protein structures within the
muscle, and reduces muscle performance. The researchers hypothesised
that milk may limit the effects of EIMD, by providing protein and
carbohydrate, which may help increase protein production and reduce
protein breakdown within the muscles. The results found that,
when consumed immediately after resistance-based muscle damaging
exercise, both semi-skimmed milk and milk-based CHO-P helped to
preserve more muscle than either the sports drink or water.
For further information relating to dairy research or nutrition
advice relating to dairy, please visit
milk.co.uk, or contact The
Dairy Council by
email or on 020 7395 4030. |
