Revealed: unfair letting agent practices to watch out for

We’re very grateful to Which?, the consumer rights organisation, for their latest investigation into letting agents. A mystery-shopping exercise, targeting 20 agents around the country, revealed practices that potentially breach the law: from denying would-be tenants the opportunity to review terms and conditions before putting down money, to opaque fees.

This piece of work is particularly useful because it gives tenants an idea of what bad practice to watch out for (and challenge) the next time you’re trying to find a new home. Here’s what they found…

Britain’s biggest landlords cash in their portfolio – and evict 100s of families

Fergus and Judith Wilson own over 700 properties. They are among Britain’s biggest private landlords, owning entire streets in some parts of Kent. Ever since their decision, in 2014, to evict all tenants on housing benefits – even those who had never been in arrears on their rent – their names have been synonymous with controversy.

Now, the Wilsons have decided to cash in on their estimated £250m property portfolio, to settle down and “take life easy”. They reckon that it’s easier and more profitable for landlords to sell properties without tenants in-situ. So the Wilson’s have started the process of evicting their tenants in preparation for the sale.

Almost all the couples’ properties are two or three bedroom new builds, and many are home to young families. By law, the Wilsons only have to give the tenants two months’ notice of eviction. Some might manage to find new homes in this time. But many landlords are notoriously unwilling to offer tenancies to families on low incomes, meaning the most vulnerable will struggle. The chances of so many people finding suitable new homes are slim. Still less, homes nearby their employers, schools and support networks. Many must fear homelessness, and could be forced to turn to an already stretched council for support.

Three wins on ending discrimination

There’s been some good news this month for people facing discrimination in the private rental market – because of how they pay their rent, or because of who they are.

Buy-to-let mortgage conditions

First, Natwest announced that it would lift “all restrictions on landlords renting to tenants who are in receipt of housing benefits”.

The English Private Landlord Survey 2018

Happy tenants. Happy landlords. Longer tenancies and no unfair evictions. It’s all possible!

The 2018 English Private Landlords Survey (EPLS) – the first since 2010 – demonstrates that much-needed changes to the private rented sector, specifically to renter security, would have little or no effects on most landlords. The current system of rules reflects the interests and opinions of a small minority of landlords at the great expense of tenants who deserve better.

The EPLS surveyed 8000 landlords and letting agents and its findings were published last month. The questionnaire covered three main topics: landlord characteristics; their attitudes and behaviours; and, importantly, the future of the private rented sector.

What are some of the key findings and what do they mean for renter security?

Policing the letting fees ban – what we’re up to

The ban on letting fees is coming – from 1 June, renters in England (including licensees and property guardians as well as tenants) will not have to pay fees for admin, references or inventory to move into a new home. Just the rent and refundable deposits.

This should have a huge impact – not only on renters’ finances, but on their relationship with the landlord and agent too. If the landlord isn’t fixing something or is asking for a higher rent, the tenant is in a stronger negotiating position because it is now cheaper for them to move out instead. Faced with the prospect of a tenantless property, the landlord is more likely to capitulate.

But letting agents are a crafty bunch – their ability to invent fees out of thin air is why we’ve got to this point. And many are willing to break the law – our research on lettingfees.co.uk found that 12% of agents weren’t publishing their fees, in breach of the Consumer Rights Act 2015.

Older renters struggling with affordability, insecurity, and lack of agency

The demographics of renters has changed so much over the last decade that we could now pluralise our name to Generations Rent. We’re very much conscious of the trend of older people privately renting, which will continue for the foreseeable future, so we were pleased to be invited to speak at Age UK’s All Party Parliamentary Group (APPG) on ageing and older people which is holding an inquiry into older people’s housing. This session focused specifically on older tenants in the private rented sector and how housing impacts their physical, mental and social wellbeing.

Generation Rent’s 2019 survey of private renters has just closed, so we crunched the responses and pulled out some findings specifically relating to older renters to share at the event. We received over a thousand survey responses in total, and 32% of responses were from tenants aged 55 or older, with 17.5% aged 65 or over.

Parliament abolishes £410m-a-year scam

The House of Commons has read letting agent fees their last rites! This afternoon MPs voted to approve the final version of the Tenant Fees Bill signed off last week by the House of Lords.

From 1 June, private renters moving home will no longer have to pay fees to start a new tenancy in England. Agents will only be able to ask for rent, and refundable holding and security deposits (capped at 1 week’s rent and 5 weeks’ rent respectively). The only exemptions are fees to cover the cost of lost keys, late rent payments, changing the name on a tenancy or ending a tenancy early.

The lexical challenge of building more affordable homes

At the launch of the Affordable Housing Commission in October, the chair, Lord Best, a veteran of august commissions spanning the past 30 years, related an experience he’d had with one that was looking at The Future of the Family.

More than halfway into the process, its chair came to meet its sponsor (then plain old Richard Best) and admitted that they were a little behind schedule. They hadn’t managed to agree on a definition of “family”.

From the off, members of the commission – of which I am honoured to be one – are therefore highly conscious of the need to get the basics right. But not only do we need to know what “affordable” means (already the subject of much controversy in the housing world), but I think we also need to define “home”.

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Individual Advice

Generation Rent can’t offer advice about individual problems. Here are a few organisations that can:

You might also find quick but informal help on ACORN’s Facebook forum, and there are more suggestions on The Renters Guide.