Park West Residents Association - PWRA Lettings Code of Practice 28th June 2020

THE PWRA LETTINGS CODE OF PRACTICE, 28th June 2020

IMPORTANT UPDATES: LAWS ARE CHANGING, PLEASE READ THIS

The PWRA Executive, with Mr. Geoff Gordge as Chairman, mandated the following statement dated 28th June 2020 in order to protect ALL leaseholders that rent out their flats against rental fraud, repossession proceedings and expensive legal costs.

Please follow the PWRA Code of Practice if you rent out your flat at Park West; it may save you from the tragedy of very expensive and stressful legal proceedings to repossess your flat (now approaching 12 months due to court back-logs), lost rent in the meantime, redecoration and refurnishing, third party damage claims from loss-of-water damages caused by your occupants, increasing insurance policy costs that we all pay for and, above all, protect the reputation of the Park West building and henceforth the long term value of your investment.

The Renter's Right Bill will become an Act of Law shortly, please understand how this may affect you.
Find a reputable, established and insured Rental Agent, you can use The Property Institute.
Please check your lease, particularly the first section, before you rent as it may have changed after you extended it. Most Park West leases now have specific restrictions on the renting out of your flat and Freshwater has introduced its new Park West Regulations enforced under your lease.
Westminster City Council prohibits any short-letting of property 90 days or more from the 1st January to 31st December of each calendar year. It will also begin to register and license all rental properties under its control from 24th November 2025 and take legal action against those that are unlicensed.
Freshwater has stated to the PWRA that they now prohibit and take legal action against any short-letting within the Park West building whatsoever, whether through the online letting platforms or otherwise.
The PWRA has supported Freshwater's installation of a 'CHIP and PIN' Access Control System and upgrade to HD CCTV at leaseholders costs for Freshwater's and Westminster City Council's legal evidence gathering purposes. The PWRA expects the regular sweeping of PINs issued to rental flats and that a PIN will expire when the rental term ends. This to eliminate the existence of static PINs from being re-used repeatedly for an illegal underlet under the same tenancy documents and against the knowledge of the leaseholder and the landlord. Freshwater have stated they will only issue access 'CHIP and PIN' credentials for Park West to its validated leaseholders on sight of validated Right to Rent documentation sent directly to Freshwater by the leaseholder wishing to rent their flat.

LETTINGS: THE PARK WEST RESIDENTS ASSOCIATION (PWRA) CODE OF PRACTICE, 28th June 2020

With so many flats at Park West now being rented out as investment businesses, there are now overriding concerns regarding the long term interests of all leaseholders, the people who live at Park West, impacts to our service charges and the comparative market value of the flats themselves. The national press and television news have recently made a public example of Park West in this regard. We understand from evidence presented from indisputable sources and lawyers acting for leaseholders that many flats are now being underlet without their owners knowing, often being passed through networks of unregulated agents which has tragically resulted in those owners being held accountable in the courts for the actions of those who have taken over their flats. Crime is sometimes involved. The legal costs alone to evict and regain possession from these underlets through the courts has driven many owners to absolute mental and financial despair before they even factor in the cost of repairing the damage caused by their occupants. The lessons we have heard repeatedly coming to us is that if you rent your flat out at Park West you should take at least some minimal precautions.

Always use a reputable licensed and insured rental agent regulated by one of the trade bodies, for instance The Property Institute (formally ARLA). This should provide you with basic protections through their lettings and property management standards.
NEVER hand over your keys and fob to your flat without first signing Terms and Conditions of Business with your rental agent. Get your lawyer to check over this and the standing of the agent if you have the slightest doubt. Always keep possession of a key and have the right to regular inspections drafted into your rental agreement. Do inspect your property regularly, you are first held responsible under your lease and the Law.
Always have a professionally drafted rental agreement, preferably a good and recent Assured Shorthold Tenancy, so you have basic protections in the courts and ensure you have copies signed and witnessed by your intended occupant. Do meet your intended occupant in person if you can and forewarn them in writing of bathroom misuse.
It has been a Criminal Offence since 1st February 2016 to rent your flat without obtaining documents proving the Right to Rent of your rental occupants. The same also holds true for agents and landlords.
Take out a lettings insurance policy to protect you from the legal and other costs of repossessing your flat through the courts. In general we understand repossession through the courts can take at least 6 months with all the associated legal costs.
Please remember that you are directly accountable for the actions, consequences and damages under your lease of any people inside your flat.

Many of our members have written to us complaining of their inability to keep their flats rented due to antisocial behaviour and noise from other rented flats. This situation is clearly unsustainable on a rental income basis and will be disastrous for all leaseholders.

We are all paying the costs for antisocial and reckless behaviour of occupants at Park West, whether through vandalism and misuse of lifts, soiling of decorations and carpets or the reckless misuse of water within bathrooms and kitchens because these affect directly the items in our service charges and above all the market reputation of Park West and therefore the capital values of your investment.

The PWRA has resolved to agree a Code of Practice for Renting at Park West with our members, the landlord and the local authorities. If you rent your flat we ask you all to contribute and hold yourselves to this to safeguard everyone's collective interests.

AIRBNB AND OTHER SHORT STAY PLATFORMS

Relating to the above matter, AirBNB and similar online short-letting platforms have now become of real concern to both the PWRA, the Highdorn management of Park West and Westminster City Council themselves. People who stay in the block for a very limited time are not concerned about the residents who live in their flats. The building is not set up to run as a hotel. There are reports of drug parties, loud music being played throughout the night until early morning, prostitution, and on many occasions the police have had to be called to deal with situations that the porters seem unable, or unwilling to deal with. This is making it impossible to live at Park West, or even to rent out your flat to reliable tenants. The PWRA needs to invoke a strategy to try to deal with this major problem which is devastating the lives of those who live or wish to rent responsibly at Park West. Remember that as leaseholder you are first directly accountable, regardless and irrespective of what agent you use or to whom you think has access to your flat.