EPCs for the PRS: Ed Miliband fires the starter gun for a landlord exodus

EPCs for the PRS: Ed Miliband fires the starter gun for a landlord exodus

9:36 AM, 2nd August 2024, About 5 months ago 91

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Here we go again with energy performance certificate (EPC) ratings needing to be a minimum of C for the private rented sector but not homeowners, social housing or government buildings.

Ed Miliband was rather slovenly when sprawling over the despatch box to tell MPs that landlords will have a deadline of 2030 to meet. That’s a deadline after Labour gets voted out of office.

The big worry for me is that the EPC move will be riding on the coattails of a new Renters’ Rights Bill which will undermine and scare many landlords.

I’m also concerned that the people making the decisions don’t understand energy performance certificates.

If they did, they’d know they aren’t worth the paper they are printed on.

I fear though that we will be coerced into going down this route since BTL mortgage lenders offer the carrot of cheaper rates for those who meet the EPC criteria.

However, in all of this, no one ever appears to consider the plight of the tenants.

They will in effect – if Labour don’t bring in a rent cap – be paying for improvements with higher rents.

But what’s the payback for landlords? One year, two years, or more?

That’s a frightening prospect of not making a profit while the tenant enjoys higher rents and (slightly) cheaper fuel bills.

When campaigning, Miliband and Sir Kier said energy bills would drop by £300 a year – but they’ve been quiet on this number lately. And tenants won’t be saving £300 if the rent goes up by £1,500.

But there’s a bigger issue at stake that could put the skids under this plan.

Not only is Labour being shy about the £300 (and Angela Rayner’s vow to ban Section 21 evictions on ‘day one’), but they are also not talking about the energy price cap going up in the autumn and again January. That’s a double whammy hitting pensioners.

We can add that to the already ever-growing list of failed promises for a government that has had the shortest honeymoon period in political history.

I’m pretty sure those pensioners who won’t get the heating allowance will be dancing in the streets as their heating bill rockets.

Landlords would be happy to improve their property

Let’s face it, most landlords would be happy to improve their property if it was cost-effective and helped increase its value.

But reading Property118 on this issue highlights that the assessors have a lot to answer for by ‘assuming’ a lot of the answers. Usually, wrongly.

Different assessors find different ratings for the same property. Surely, the job can’t be that hard, can it?

Again, politicians of a left bent don’t appear to understand the private rented sector and the implications that come when imposing new rules and laws.

Especially when they cost money.

We are now looking at fed-up landlords who don’t want to upgrade or can’t afford to and have to decide what they should do next.

It also means carrying out the work in a void or putting the tenants up in a hotel. I doubt we’ll be able to evict to get an empty property.

We also need to find someone to do the work.

Good luck with that since all the builders will be busy delivering Angela Rayner’s promised 1.5 million new homes. As if!

It will be a faff organising an assessor, arguing about why it doesn’t reach a C and then being told – hopefully in writing – what needs to be done.

Then you’ll have to spend money on the work and STILL not be guaranteed a C rating.

The whole thing is bonkers.

Ed Miliband will get my support when social housing has to comply with the rules, but no one ever asks why they don’t.

And for those who will wait to see what the law will be, you could be leaving things very late and might get caught out.

Or you could carry out the work for the rule to be dropped Rishi-like when it’s convenient to do so.

How many landlords will sell up?

This brings me neatly to calculating how many landlords will sell up to avoid the C rating nonsense.

If it takes a few years to recoup the expenses, then why not dish out a section 21 notice to sell the property? [Editor’s note: This sentence has been corrected].

It might be a struggle in front of a judge, but older landlords can say they are selling up to retire and the property is their pension pot.

Younger landlords? Judges might not be so keen if there are lots of landlords doing this though I’d imagine that would be a news story.

What if it is a landlord with a leasehold property and the freeholder declines to carry out improvements?

The more I think of the potential issues, the more I think it’s just easier to bale out altogether.

It’s the lack of joined up thinking by politicians that makes me nervous.

The portrayal of landlords as being greedy and unkind to tenants isn’t going to improve soon.

It will get worse but because the good and kind landlords – that’s most of us, Ed – are already fed up, it needs action from Labour to keep us in the PRS.

To make our point we must either sell up as one body or fight the portrayal of landlords as tenant exploiters.

Politicians can’t dictate how we are portrayed with a caveat they aren’t pointing at all landlords, just the criminal ones.

That isn’t true because you could easily say we are a crucial and respected part of the housing sector. But you don’t.

You could say that landlords should be helped by the government and not victimised. But you don’t.

I’m sure that the sound of landlords marching out of the sector and reducing rented home supply might get your attention.

And if it does, you will portray us as selfish and greedy and leaving tenants homeless.

We can’t win. Things were bad under the Tories but my good goodness, Labour look set to plunge to a new low in playing the blame game.

Until next time,

The Landlord Crusader


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Dizzy

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9:48 AM, 2nd August 2024, About 5 months ago

Do the same ridiculous rules apply if we let to our tenants on Purchase Lease Options come 2030?
There must be some clever legal person out there who can draft a legal contract that we can all buy into?

Jon

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9:59 AM, 2nd August 2024, About 5 months ago

Always a treat (if that's the right word) to read your excellent articles but I was slightly puzzled by the reference to Section 8 as a mechanism for possession and sale? Surely this route is only open to you if there are arrears of 2 months or more ?
Have I misunderstood?

JaSam

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10:01 AM, 2nd August 2024, About 5 months ago

I'm doing nothing, just more hot air. And if it ever does come there will be exceptions and many loop holes, I can already think of a few.

Mark Cairns

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10:12 AM, 2nd August 2024, About 5 months ago

How many times can we have a ‘Landlord exodus’? I’ve been hearing this again and again for the past decade each time there was any kind of change which touched the private rental sector, of which there have been plenty!

EPC C has been hanging over us for a good few years now. I completely agree that an EPC isn’t worth the paper it isn’t written on, but if you’ve buried your head in the sand hoping that we’ll be let alone, that’s just not going to happen. Not under Labour and not under the Tories.

Private landlords will always be a target for politicians as we’re about as popular as Estate Agents and we need to stop the whining and endless handwringing over things we have very little influence over and get on with it.

As a landlord, the more small landlords that exit the market, the better it is for me. I don’t compete in the BTR space so I get higher rents and tenants that are more incentivised to keep the tenancy going.

Tbh as a landlord it’s a bit sad that these kind of whiny articles (and the hysterical comments beneath) are out there on the internet for the general public to see. It unfortunately bolsters the stereotype of a private landlord that’s already out there.

David

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10:16 AM, 2nd August 2024, About 5 months ago

First class article, covers a lot.
Perhaps those landlords who thought voting for Labour was a good idea will now ask their MPs why these EPC rules only apply to us.Sounds like discrimination or worse as if we didn't know that already. As with my Lib Dem MP i doubt though they will even get a reply.
All these lies before the election .If the electorate had known the truth would they have voted for this shower.
As for pensioners they lost their winter heating allowance almost instantly with threats of means tested pensions which they have paid in to over a lifetime but are now called "benefits".I hope to see mass rallies outside Parliament over this.
Is it even possible to upgrade many of these older buildings and before paying out thousands will a builder give you a guarantee it will improve the EPC to the required level.

Cider Drinker

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10:39 AM, 2nd August 2024, About 5 months ago

Selling isn’t a ground under Section 8 of the Housing Act.

If Labour plan to transition the U.K. to net zero energy, why do we need to make old houses into sweat boxes?

And why is it only private tenants that have to fund changes to their homes (through higher rents)?

If you have a friend that’s an assessor, EPC Rating C is easy to achieve.

Steve O'Dell

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11:00 AM, 2nd August 2024, About 5 months ago

Reply to the comment left by Mark Cairns at 02/08/2024 - 10:12
Mark, 2 points in response to your comment 1) if private sector landlords do not provide any opposition to government edicts, then the message being sent is that its ok for them to do as they please, which may lead to further punitive measures, especially under a socialist government wanting increased governmental control and a much enlarged public sector 2) in terms of the EPC creating a landlord exodus, unlike interest rate hikes, increased tax, reduced control, the EPC can be quite a binary choice. I am not sure where your properties are, but where mine are, there are many properties, that will not make it to grade C, irrespective of the thousands spent upon them. A cap may be set at £10k investment as it was previously, but if that figure is equal to in excess of 1 years rent, or 3-5 years profit, then who in the right mind is going to make that investment? Thankfully I did upgrade all but 1 of mine, but that one will be sold as I will not be putting the level of investment in that is required to lift it from 2 points shy of a C to a C. Especially when EPCs have such low inter-rater reliability.

Reluctant Landlord

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11:00 AM, 2nd August 2024, About 5 months ago

Reply to the comment left by JaSam at 02/08/2024 - 10:01
easiest one is not getting agreement from the tenant to carry out any works to get to this mythical C rating.

Easy enough - just explain the work, the level of disruption it will cause and the costs..... and the fact the rent will go up by X as a direct result....

Bingo - one signed letter from the tenant stating that they don't agree to the works...

Philip Wright

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11:00 AM, 2nd August 2024, About 5 months ago

I will be selling my BLT. when my fixed mortgage is up....one year from now..my tennant has 3 kids..all different fathers and the obligatory dog. does not work..on benefits...so the local council will have to deal with it.....my EPC...is E... and I will not upgrade..end terrace,to expensive

Nicole Livingstone-Smith

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11:07 AM, 2nd August 2024, About 5 months ago

any idea if this will apply to listed buildings

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