Milton Keynes Landlords and Tenants :
What does the Tenant Fee Banning order mean for you?
·
Tenant Fees set to be banned within 12 to 18
months
·
Rents due to rise as those fees passed to
Landlords
·
Landlords won’t be worse off – and neither
will tenants or agents
With our new Chancellor of the Exchequer revealing a ban on tenant
fees in his first Autumn Statement on Wednesday what does this actually mean
for Milton Keynes tenants and Milton
Keynes landlords?
The private rental sector in Milton Keynes forms an important part of the Milton
Keynes housing market and the engagement
from the chancellor in last Wednesday’s Autumn Statement is a welcome sign that
it is recognised as such. I have long supported the regulation of lettings
agents which will 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 Milton Keynes 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 Milton Keynes 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 unescapable 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 never went 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 to 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.
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.
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, no tenant and certainly no letting agent does work
for free.
I, along with every other Milton Keynes 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.
So what does this all mean for the future?
The current application fee at my lettings agency is £350 per
property.
I am part of a Group of 500+ Letting Agents, and recently we had
to poll to find the average length of tenancy in our respective agencies.
The Government says its 4 years, whilst the actual figure was
nearer one year and eleven months, so let’s round that up to two years.
That means £350 needs to found in additional fees to the landlord,
on average, every two years.
In 2005, the average rent of a Milton Keynes Property was £843 per month and today it is £1000
per month, a rise of only 18.6% (against an inflation rate (RPI) of 38.5%).
Using the UK average
management rates of 10%, this means the landlord will be paying £1269 per annum
in management fees.
If the landlord is expected to cover the cost of that additional £350
every two years, rents will only need to rise by an additional 2% a year after
2018, on top of what they have annually grown by in the last 5 years.
So, if that were to happen in Milton Keynes , average rents would
rise to £1269 per month by 2022 (see the
red line on the graph) and so the landlord would pay £850 per annum in
management fees .. which would go towards covering the additional costs without having to raise the level of fees.
.. but that is bad news for Milton Keynes Tenants?
Quite the opposite. Look at the blue line on the graph). If the
average rent Milton Keynes tenants pay
had risen in line with inflation since 2005, that £843 per month would have
risen today to an average of £1200 per
month. (Remember, the average today is only £1000 per month) .. and even if
inflation remains at 2% per year for the next six years, the average rent would
be £1269per month by 2022 .. meaning even if landlords increase their rents to
cover the costs tenants are still much better off, when we compare to the £1200
per month figure to the £1269 per month figure.
The banning of letting fees is good news for landlords, tenants
and agents.
It 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 and
still be better off in real terms compared to if rents had increased in line
with inflation.
Landlords will be happy as their yield and return will increase
with greater rents whilst not paying significantly more in fees to their
lettings agency. Letting agents who used to charge fair application fees won’t
be penalised as the rent rises will compensate them for any losses.
.. and the agents that charged the silly high application fees ..
well that’s their problem. At least I know I can offer the same, if not a
better service to both my landlords and tenants in the future in light of this
announcement from Phillip Hammond.