Tag Archives: landlord advice

Current Property News: Errant Landlord caught out.

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By Steve Roulstone

I have stated before that one of the major problems with legislation that is policed by Councils is the amount of effort placed upon seeking out Landlords and Agents that ignore the law. This applies to Houses of Multiple Occupation, Fit and proper accommodation, Tenant deposits and in the case to hand today, Gas Safety certificates.

Local Council request.

In this instance a Landlord who was asked to provide copies of Gas Safety certificates for two properties in Staffordshire by her local Council and having failed to do so was referred to the Health and Safety Executive (HSE). It is they that then pursued the matter, but it is good to see a Council taking a pro-active stance in ensuring property is properly maintained.

Legal requirement.

Just to confirm, for those without Gas in a property, the Gas Safety certificate is needed each year to ensure the equipment is working correctly and is safe to use (carbon monoxide gases)

No excuse!

The end result was a fine of £4709 including costs for a £65 job! There can be no excuse for not complying, especially as this Landlord ignored the requests for many months. This also included being given time to produce a certificate by the HSE within a month of notices issued.

Landlord needed convincing.

It does however strike me that by having gone through a procedure with the Local Council and then being given time by the HSE to comply, perhaps the problem lay not in what should have been done, but that the Landlord just did not believe prosecution would actually take place! It looks as though the whole affair took well over a year before any prosecution actually took place!

Contradiction in effect.

This is where action needs to be seen to take place quicker, because if the Law requires a Certificate to be renewed every year, then in a scenario where a certificate does not exist in the first place, to take a year to bring a case to court (assuming that one does now exist?) then the appliances concerned could have been unsafe for anything up to two years!

Does not add up!

Now forgive me for playing the cynic and far be it from me to suggest the Law is not correct, I would not dream of risking not having a property covered for a week, never mind a year, but to take a whole year to bring the case to conclusion for a Law that requires annual checks somewhat makes a mockery of the legislation that demands the check in the first place. Surely by delaying instant action, you are ignoring the supposed risk the Tenants are suffering?

 

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Current Property News: What Landlords want to know?

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By Steve Roulstone

As part of our good practises when reviewing our methods of operation, between us we always discuss what Landlords ask about and speak about when we visits them to give a valuation and review of their property. It is important for us to be aware of any new trends and old ones and surprisingly, one trend that does not change is that Landlords are still discussing and talking about ‘Nightmare Tenant’ stories and what is done to stop them occurring.

Changed Market.

The market has changed considerably and I am sure will keep evolving over the next ten years. Certainly technology and mobile phones have meant we have to make information available quickly and accessible. Standard of housing has improved as competition for Tenants continues to grow and more and more properties enter the market. Yet the one thing that will not go away is the stories of Tenants trashing houses and the fear that brings with it.

Not common.

Yet certainly as far as I can comment on the houses we have been involved with, this is something that rarely happens now and I cannot remember the last time we had a property that was badly damaged by the Tenants.  We, like all Agents, get Tenants that do not care for property in the way that both our Landlords and we would prefer, but this is always a case of standards rather than actual physical damage done.

Strange beliefs.

There are also plenty of situations where what should be done and what the Tenants actually believe needs to be done differ, such as the Tenant who stated they did not need to clean one bedroom, because they had never used it during the Tenancy. Or the person who broke a window when mowing the lawn and said the Landlord had to be responsible because the lawn from where the stone came was the Landlords and not hers!

Manage to avoid.

The answer for me is to catch problems early and make sure the Tenant knows both their responsibility and our role as Agents in what you are trying to achieve together. In short, good Management will ensure damage limitation. But what this does prove is that some cases must still happen and that bad stories are the ones most Landlords hear first, or perhaps take note of!

Practical experience.

In the middle of writing this Blog, I have visited a new Landlord at their property, student accommodation it may have been, but she described the manner in which the last Agents had allowed the students to live last year. Not a property wrecked, as I have stated, more a question of standards. But it does rather prove my point. Whether self Managing or appointing an Agent, make sure that visits take place and that problems are resolved head on and not left to fester. Perhaps then we may allay Landlords fears by reducing further tales of the ‘Horror Tenants’

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Property Landlord advice: Insulation now available!

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By Steve Roulstone

A few weeks ago I wrote that Residential Insulation which is currently being promoted through the Governments Carbon Emission Reduction Traget CERT and the possibility of Landlords being able to claim for expenditure against annual costs, was very difficult to explain to current Landlords and Tenants when the Industry itself had no way of communicating its message.

VNR Contracting Services.

I am pleased to confirm that I have now found a Company who is not only being proactive in speaking and working with other organisations, but that understood what we are trying to do, but is also happy to put leg work in themselves in achieving a result.

Landlord and Tenant choices.

What we need to know is that as Property Managers, we can rely upon a Company who specialise in the Insulation field to explain clearly the benefits of having Insulation fitted and the grants that are currently available for Landlord and Tenant alike, one through direct costs and one through the tax incentive currently being offered.

Action plan.

This means we will be able to write to our Tenants and Landlords alike with information relevant to them and then allow the Company to follow up with visits to answer questions and quote for the work direct ensuring that our Tenants and Landlords are able to take advantage of the schemes before winter this year, if they choose to get involved.

Service provided.

To us, this is part of what we should be doing as Property Managers on behalf of all of our clients, not for any other reason than from a central point we are in a position to receive information as Companies approach us and distribute the same to a wide audience. It is not for us to dictate what decisions are made or even recommend what options are pursued, rather to place the information in front of those who have the right to take advantage of the grants etc that become available.

Reliable Contractor.

What is reassuring now is that having struggled to find a Contractor to work with, we have been approached by one who already works with local Councils and as such carries a pedigree that is re-assuring. I am happy to recommend VNR Contracting Services Ltd and in reality that is only the second recommendations we have made in over two years of writing!

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Current property news; Squatting finally made illegal.

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By Steve Roulstone

It is possibly one of the most depressing and sickening things that can happen to a property owner, to find that squatters have broken in to your property and that the law does not support this effective breaking and entering in any way and the responsibility to deal with the intrusion is thrown squarely on the shoulders of the rightful owner. These words, whilst repeated as I remember them, were used during a presentation to the Lettings Industry during a speech on the use of empty housing some ten years ago.

At last!

Now, after so many years the Government has reacted and made it an illegal offense to squat in premises without a legal right or reason to be present. What should have happened then is the unfortunate property owners who were suffering at present be given their voice and an outcry of at last should have been heard. What was heard was a cry of ‘unfair’ as housing groups and charities warned of rising homelessness.

Responsibility.

Now I must make myself clear here, I am not uncaring of the position people are in that sees them squat in the first place or the problems they now face if removed from property. My problem is that the house owner should have always been in the position of being able to rely upon the assistance of the law and it is unfair to somehow shift the responsibility back on the shoulders of the owners. This is clearly a failing of the social system in providing housing for all in the first place. This is said with full knowledge that there are some who will always remain outside of the system and be non-conformist!

Ignoring the Law.

I have always found it somewhat ironic that the Houses of Multiple Occupation laws were introduced to tackle safety in high rise City Centre properties and for ignoring them Landlords could be banned from owning property. Squatters, by the very nature of what they do, cause far more danger and would never consider such legislation in how they live, yet they are protected because their activity has always fallen under civil offense legislation and not an illegal act. To make it so at last corrects this ridiculous state of affairs.

Financial requirement.

What is so often forgotten is the financial requirement that the owner needs to fulfil and the difficulties they find themselves left in when a property is a target for squatters. In my small way, I feel I need to make a stand for the owners, and no matter how many stories there are of squatters who have maintained a property well, there are just as many of properties left in an appalling condition.

Enforcement.

Now we must hope that this blight (although mainly a City centre problem) is dealt with in short order. It is a fairly simple statement for me to make, because no matter what your feelings, we should live by the letter of the law and I believe ownership rights should be amongst those at the top of the list of laws to abide by. My hope is that the charities and groups working with those made homeless by this change of law do not fund any legal challenge through the courts. Owners, who are not all £multimillion Companies who can afford losses, deserve the law to be enforced in full.

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Property Landlord advice: British Gas laying down the Law!

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By Steve Roulstone

I am not a lover of utility suppliers, mainly because they never seem to know how our Industry works and prove time and again, that they do not have a system that can deal with people moving on a frequent basis. I have seen STWA send out invoices for a few days between Tenants at three times the rate of the normal daily cost, heard staff at British Gas say “let’s turn the fax of today, we have enough paperwork to deal with” and famously (for me) told British Gas, “sorry if I have not pressed the right option, there isn’t one for ‘we do not know what we are doing’ ”

Visit out of the blue.

This time however, they have gone too far! An engineer turned up at a house we manage last week to change the meter because the Tenants were stated as not having paid the Gas Bill. Unbelievably that simple fact was wrong, as the Gas Bill had been paid and was up to date. But that did not stop the BG Employee changing the Tenants on to a pay as you go meter and also whilst at the property looking at the appliances.

Gas Fire turned off.

Mistake number two. Whilst there, without looking at the operation of the fire, he decided the fire was unsafe, disconnected it and labelled it as unfit for use. The Tenant, understandably, phoned us and asked us to explain why? We sent a qualified engineer round, who confirmed, as he had when he carried out the annual Landlords Gas Inspection less than four months earlier, that the fire was perfectly OK and that there was no need what so ever to turn it off.

Not the first time!

What amazed me about this was that our Gas engineer confirmed that this was not the first time he had heard of this and that the meter people employed by British Gas were not even qualified as Gas Engineers. Rather they were trained to carry out a ‘Visual Inspection’ and it seems on that basis only without any qualified reason; the appliance was labelled as dangerous. Rightly, our Gas engineer has sent his invoice to British Gas, as why should the Landlord pay for the mistake?

Liability.               

Now I know from experience that they are not the purveyors of all things good as they like to be perceived (especially from the TV ads) but you have to ask the question, since when have they been given the role of sending unqualified people in too houses to carry out unsolicited inspections? It frankly beggars belief but they must see themselves as the protectors of all things Gas related in Britain’s houses to go about giving their staff this kind of instruction.

Admission.

Now they have apologised for even getting involved in the first place as the Tenants had as stated paid their Gas Bill and the meter will be changed back again. As to whether they will pay for the engineer’s time to confirm all was well? Knowing British Gas I doubt it, but hey, somebody who matters might just read this and agree they should. Feel free to get in touch!

Motivation.

That just leaves us wondering why they should do this in the first place? I am afraid in my opinion I only have one thought as to why and that is to generate income through the repairs that appear without the ability to check correctly, would have been generated from this incident – why else? Forgive me if I am wrong, but why else should British Gas staff be condemning appliances (even though they are unqualified in the first place) during visits they are not even supposed to be making? If we had not known better, the result could well have been a call to a British Gas engineer to repair the fire and the result of that would have been an invoice.

Summary.

By all means call me cynical, but I believe this would probably have been the outcome of a visit to a property lived in by the house owner and the only reason this did not finish in this manner, is because British Gas would not have expected a third party to have knowledge through the Landlords inspection of the appliances and be able to call upon an engineer as we did. In other words it resulted from British Gas NOT understanding how the rental system works, but then I already know that.

Bad practise British Gas, Bad Practise!

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Current property News: Montague report offers the Key for growth?

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By Steve Roulstone

The Montague report which reviews the manner in which the Private Rented Section is viewed by the Institutional Investment market has been released and is available for download from the Department for Communities and Local Government. The basic idea of the report was to look at why Investors do not look upon the Private Rental sector in the same way that they do Commercial property investment.

 The report is a weighty 28 pages of Summary and evaluation, but holds many good ideas and could just see the way forward for our sector as we struggle to meet the demands of a modern mobile work force. It is in three sections and is going to take at least two posts to comment upon, in this first post, I have selected highlights from the Background and Evidence sections in this post. I will follow this up by looking at the Barriers, Conclusions and Recommendations.

 Growth.

 I am a total advocate for the building industry (Housing) being the vehicle for leading the way out of recession. This is why I am always looking at new build and activity and look to the property sales figures of a guidance for where financially we currently sit. It is therefore nice to see clear figures quoted to support my theory. For every £1m spent, 12 jobs are created or supported and for every £1 invested in construction, £2.60 is generated elsewhere in the supply chain. The supporting sources are listed in the report.

 Local or distant Management.

 It struck me quickly when looking at the Evidence that a market exists, that there was a need to build in assured maintenance. I agree whole heartedly, that any long term scheme should include an organised plan for both maintaining of and maintenance on the property concerned. My immediate thought was to ensure the properties are managed locally and not by some distant organisation, to ensure both a distribution of the Management structure and workload through local contractors rather than the majority of the expenditure remaining in London.

 Across the Country.

 To do this, as the report recognises, there needs to be many differing schemes, which, in order to maximise the effect across the Country, as highlighted above, needs to be spread across the country and not concentrating again in the area that generates ever increasing rent levels; London. It is important in arriving at any conclusion that promotes and encourages Investor growth in Private rented property, that the whole Country sees the benefits.

 Wardens.

 Unsurprisingly, the wish to see Wardens or a Management presence in specific developments is a nice idea, but one that is only reflected for affordability, through the size of the initial development. As an Agent who Manages whole sites on behalf of one owner, exactly the type of site referred to in the report or that would be developed as a result of Investors becoming involved, there is a recognisable limit to the size of what are acceptable sizes of development so as not to have to large an impact on the local market, both by type of property available and by long term effect on local suburbs. In short, there are places that high rise buildings fit in and areas where they do not! Wardens suit large buildings but would cost too much for more localised schemes offering between 20 and 40 units.

 Long Term Agreements.

 I think it is a good idea to generate an agreement that sits well for longer than the current popular Assured Short Term agreement, but by the same token, I see no need to do this by changing the AST. As case of ‘It ain’t broke, don’t fix it!’ But a document built around the normal lease as exists for purchasing leasehold property would be ideal. This could still give the Tenant of this shorter term lease the protection afforded to the leaseholder, whilst reflecting the short term usage and the interests of the Freeholder as well.

 Block Management.

 It is suggested that Management of such buildings would tie in nicely with the current Block Management style and again as this is one of the services we offer I can comment and could not agree more. This would be ideal providing that local Companies were sought for provision of services, instead of the properties being managed from afar. Why do I feel this is important? Because we have grown our business on the dissatisfaction of leaseholders whose representative never visit sites or more importantly, cannot be visited because their offices are in London, Birmingham or Manchester.

 There are some great ideas in this report and I look forward to commenting on the conclusions but if there is one point of caution it is that consideration has to be made as to the spread of housing, which is needed throughout the Country as well as provision of service, which, to avoid complaints about schemes failing to deliver and being unapproachable, need to be sourced close to the buildings concerned.

 More to follow!

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Property Landlord advice: Treating harassment seriously.

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By Steve Roulstone

One of the most difficult jobs that we have to do as Letting Agents is to convince a Landlord that no matter how badly treated he may feel by the Tenant neither we nor he can just turn up at the property and demand recompense!  Harassment and all the actions that surround it are a serious matter and a case has recently come to my attention which highlights exactly why we give the warnings that we do.

Extreme case.

The case I am talking about surrounds a Landlords efforts to remove a Tenant because they wanted to sell the property concerned and went about it in a way that was far from normal by any standards which does mean that the efforts the Landlord went to are extreme, but the penalties  are also high and what should be considered is that the Landlord was wrong in every way, before we even get to the legal steps to avoid action, but that does not change that he was found guilty in virtually every step he took.

Notice served.

Even though the notice was served and indeed not questioned by the courts, the very fact that the Landlord applied pressure on the day the notice came to its due date is significant. The courts only have one view and that is that the law must be seen to take its view. Even if the Tenant does not leave on the due date, the courts are the only vehicle through which a Tenant can be evicted.

Landlords rights.

The law sees itself protecting both the rights of the Landlord and the Tenant, but just because a Tenant does not leave does not mean that anybody can take matters in too their own hands. This is why even calling without notice can be considered as harassment! There is one simple rule here, do nothing without notice, even a visit to discuss matters should be done by appointment.  Let the courts do their work, under no circumstances should a Landlord take any form of direct action themselves.

Extreme scenario.

Yes the detail of this case is extreme, but the consequences do show just how this can get out of hand. The damages which could amount to £30000 (along with not unsubstantial costs) are the proof of just how costly getting this wrong could be.

Private Landlord.

It is also worthy of note that the Agent concerned, having served notice, was contacted by the Tenants solicitors, but from that moment on, the action was all against the Landlord and the Agent, obviously unable to fulfil its role, arrears (correctly) to have disassociated themselves. They have no choice when matters are taken out of their hands. But if it was an Agent that was being blamed for this action no doubt ‘rogue agents’ would have appeared in the report! But as it was a Landlord taking his own actions, it would be nice to know that he was banned from being a Landlord again!

Registration.

If all Landlords were registered as was recommended in the Rugg review of 2008 then there would be no doubt and action would have been taken. But that is not the case and as far as I am aware, without a specific case resulting in a Court ban, Landlords cannot be stopped renting property again! Who knows, that may still happen, but what is sure is that there is no legislation in place at present to rely upon.

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Current Property News: Ban and fine for bad Agent not enough.

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By Steve Roulstone

An Agent who went bankrupt with liabilities of over £400,000 has been found guilty by an NAEA hearing and fined £2500.00. At the same time it has been confirmed following an investigation by The Insolvency Services that he has been banned from being a Company Director for fight years.

Figures confirmed.

The report confirms a figure close to £40000 as being the amount they say Landlords and Tenants lost as a result of his failure to comply with the 2004 legislation regarding Tenants deposits in the correct manner. What appears to be missing from the research I have carried out is any conviction, as it was the Landlords who were then made liable for the subsequent fines of up to three times the deposit that followed from the failure of GDH to register them correctly.

Total?

It is obvious therefore that the total cost to Landlords and Tenants will never be known, but a conservative estimate of around £75000 would seem to be reasonable; depending upon how many Landlords were levied with the appropriate fine (Three times the original deposit)

Fair?

Now is it me? As an Agent who has constantly banged the drum for registration of Letting Agents for the last ten years, being banned from being a Director and slapped with a £2500 fine, does not seem to be fair when all of the individual cases (and there will be many to make up this kind of figure) are taken in to account? In my opinion, what would seem fairer as far as the Industry is concerned would be that he was never allowed to work as a Letting Agent ever again. This kind of punishment can only come as the result of an Industry protected under legislation and proves to me once again that the Government should be able to see that intervention is needed.

Total ban.

I say total bane, because we all know how simple it is to start again with a relative as a Director and it is only a total ban (as in lost the right to be associated) that would be fair in my opinion to all those who lost money.  It is only through Government legislation that such a rule could be enforced. Only then, would Landlords and Tenants know that they and their money was protected.

Systems exist.

And let’s not forget, that such systems to protect our customers already exist! To register with most professional bodies means monies need to be accounted for within the auditing requirements of remaining a member.  It would also be a simple step to have all deposits registered with people other than Agents own Clients account, such as DPS even though this is something I have spoken out against in the past (How would a Solicitor react to being told he could not keep clients funds?) it would be a small sacrifice as opposed to having workable legislation! And then Safe Agent, the latest initiative from professional bodies within the Industry, which already provides all the protection needed for any Landlord or Tenant!

Not far now.

I believe that it is inevitable that the Government will legislate and cases such as this show the need, all we now require is for the systems professional Agents have put in place and promoted, to be endorsed by a Government and hopefully a more suitable and long standing deterrent will be available!

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Property News: Full Council Tax Charges May Apply to Vacant Properties

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By Craig Smith

If you have had a property empty for whatever reason, you may know that a property can be exempt from council tax charges for up to 6 months, provided that it is unoccupied and unfurnished. This is known as a Class C exemption.

Under the Localism Act (which has also changed the way in which tenancy deposits are dealt with recently) the Government is planning to allow local authorities to charge almost whatever they like whilst the property is empty. In theory, the council could still allow an empty property to be exempt from the charges but, on the other hand, they could charge the full amount of council during that period.

Bad News for Landlords

Lets just put one thing into perspective here. Yes, sure, the local authorities could earn a little extra cash with the budgets being tighter than ever, but have they thought how this would actually affect homeowners?

It is not always possible for tenants to move out and in on the same day and it is not usually advisable especially if any work was needed between tenancies. A Landlord could find themselves not only out of pocket but in a financial mess if their property was empty for a month or two. Not only would they have no rent coming in to cover the mortgage, insurance etc but they would also have the expense of paying the council tax for a property they don’t even use!

The Knock-On Effect

If your not a Landlord yourself then you might think I’m being biased here but what about the knock-on effect on regular homeowners? For example, an elderly person moving into a care home might leave their home empty whilst they sell it, another expense to prevent them moving forward with their lives. Or how about someone relocating for work and needs to move away quickly?

And this is a Government that is trying to get the housing market back on an even keel?

Looking at this from the other side, most rental properties would hope to be empty for only a few days between tenancies which would mean that only a small amount of council tax would be due. Now, it is isn’t always easy to contact Landlords, particularly if the Council haven’t got the Landlords home address to address any billing. This would create a whole load of extra work for the Councils to chase outstanding amounts so all that money that could earn from empty properties could all be lost in chasing the debt!

Is This Really a Possibility or Just Scaremongering?

A consultation has already been held and 169 councils voted in favour of the extra charges and only 25 against so it is clearly obvious what the majority want. Unsurprisingly, the majority of Landlords are against the idea and quite rightly too!

I’m sure that this is by no means the last we will hear of this as we trundle towards the inevitability of the ever increasing costs of being a Landlord!

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Current Property News: Lettings Market strong but fluid.

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By Steve Roulstone

Over the last three years the market has been very strong and during the spring there were signs that it was slowing down amongst fears about the Economy and a double dip recession. I commented at the time that the weather was having a huge effect as people stayed put and the last six weeks I believe has confirmed this as the pent up delay has been released, at least as our office is concerned.

Record Numbers.

At most times of the year we are aware of the number of properties being let and actually proceeding at any time, but it has been hard work keeping up with the speed of events that the seeming release of pressure has caused. It would also seem that schools and catchment areas have had a lot to do with the decisions Tenants have been making as they prepare for the next academic year, which has subsequently led to an increase of 33% in the number of houses we would normally expect to let.

Unusual.

This Performance whilst excellent does not yet signify a long term trend even though we are hoping that it does and there is no sign of things slowing just yet, but supply of properties then becomes the next problem as we seek to replace stocks. There is of course a natural trend to this as existing Tenants give notice and the market is thankfully still very active in both areas.

National Trends.

The national housing figures for last year have now been released and these figures will be the subject of one of my blogs next week when I have had the opportunity to digest and understand them, but those that have already commented Nationally are confirming the continued rise as Private Lettings in the UK overtake the Public (Council) Housing stock and approaches 20% of the overall housing market throughout the UK.

Landlord advice.

There has also been a marked increase in the number of Landlords we have discussed the market with as we continue to advice on a whole gambit of property scenarios from flats through family homes up to houses of Multiple Occupation. All of which points to the continued growth in confidence in both the aforementioned economy and the rental market.

Continued learning.

All of this means that we have to keep up to date with the changes in legislation and ensure we refresh ourselves on this intricate market of ours. We do this by openly sharing all manner of daily situations to share knowledge and double check what we advice, bearing in mind our legal responsibility lies first and foremost with our service to our Landlords at all times, whilst ensuring we give the correct duty of care to our Tenants.

Change of tack.

 I do not normally change tack halfway through a topic, but I must take time to mention the open meeting held with the staff of our local paper the Staffordshire Newsletter this week, who went to great lengths to get as many Agents together that could attend to a business development meeting. Firstly it is good to know that the long standing major paper for Stafford is taking their part in the property market so seriously as to not only arrange the get together, but also to provide so many staff so we were able to understand  all aspects of what they provide, but also because of the innovations they are bringing to the advertising market. It just goes to prove that ours is not the only market where people need to be looking ahead at all times!

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