• GL #5: When things go wrong with letting agents
    May 8 2024
    In this week's episode, Richard Jackson and Suzanne Smith discuss what landlords can do when things go wrong with letting agents, and how to make a complaint. It's the third in a series of three episodes on what landlords need to know about letting agents. While the vast majority of interactions with letting agents are positive, it’s important for landlords to know what options they have when things go wrong. Richard and Suzanne discuss how to make complaints to the letting agents and the redress schemes, and the additional protection that choosing Propertymark members provides landlords. The podcast episode also touches on complaints to Trading Standards and taking legal action in the small claims court. This episode follows GL#3: Guide to selecting good letting agents and GL#4: Tips for signing up with letting agents. What we talk about in Episode 5 on problems with letting agentsWhat are the most common complaints about letting agents?Keeping good recordsDifferent ways to make complaints about letting agentsInformal complaint to letting agentsFormal complaint to letting agentsRefer complaint to redress schemePropertymark members - extra recourseComplaint to Trading StandardsLegal actionGolden nuggetsCredits >> Submit a question: Click here for question form What are the most common complaints about letting agents? According to the Property Redress Scheme 2023 Annual Report, the top three categories of complaints about letting agents are holding deposits (presumably by tenants), poor service and management, and tenancy payments and rent collection. Here are other common causes for complaint by landlords: Poor communication and failure to provide information Inspections: failing to carry them out or not preparing a report after they do an inspection Signing up poor quality tenants Not arranging gas safety certificates in time when it’s not due to the tenant failing to give access. Repairs: not carrying out repairs promptly or properly, or overcharging Rent arrears: not chasing late payments properly and not keeping the landlord informed about rent arrears Failing to forward rent onto the landlord Keeping good records It’s important for landlords to keep good records of conversations with letting agents so it’s clear what has been agreed and what feedback has been given. Richard keeps his notes in the Alphaletz property management software so there is a record in the event of a dispute. Contemporaneous notes that are made at the time can provide excellent evidence if a complaint escalates into legal action, where “recollections may differ”. Different ways to make complaints about letting agents Landlords have three different routes to making complaints. The first is to make a complaint to the agent, which is then escalated to the redress scheme if the landlord isn’t happy with the outcome of the complaint. The second is to complaint to Trading Standards. The third is legal action. It is possible to combine one or more of these routes. >> Blog post: The Independent Landlord guide to resolving problems with letting agents Informal complaint to letting agents The first step is to make an informal complaint to the branch by speaking to the branch manager, and making clear where their service falls short and what action you expect. They might not know you’re unhappy and it might be a simple thing that can put right. You can speak to them on the phone or sit down with them in person. Even though this is informal, do follow it up by email so that there is a clear record. This will be useful if they don’t rectify the problem. If you don’t have written evidence, it's as if it didn't happen. Formal complaint to letting agents If the informal route doesn’t achieve the result you were asking for, the next stage is to make a formal written complaint to the letting agent. First ask for their complaints procedure.
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    20 mins
  • GL #4: Tips for signing up with letting agents
    May 1 2024
    In this week's episode of Good Landlording, Suzanne Smith and Richard Jackson discuss tips to help landlords understand what to look out for in the contract with letting agents, so they know how to strike a fair deal when signing up with them This is a practical episode that not only gives the perspective of letting agents, but also explores the experience that landlords have when dealing with agents, the ins and outs of the different services letting agents provide, what to look out for in the agency agreement, and what protection landlords have under the law. It's is the second episode in the series on letting agents, carrying on from Episode #3: Guide to selecting good letting agents. There are golden nuggets all the way through, but there's a particularly good one at the end. What we cover in Episode #41. The competitive environment for letting agents2. What packages do letting agents offer landlords?3. What should landlords look out for in agents' terms and conditions4. What protection do landlords from unfair terms in agency contracts?5. Why it's important to keep copies of all recordsGolden nuggetCredits >> Submit a question: Click here for question form 1. The competitive environment for letting agents The competitive environment has become very challenging for letting agents over the past few years. The Tenant Fees Act 2019 reduced income streams for letting agents as they could no longer charge tenants fees. Landlords have baulked at the extra costs, especially as interest rates and general costs like insurance and service changes have gone up. There are very low barriers to entry for letting agents as no minimum qualifications or licensing are required. There are unfortunately lots of agents who compete on price, at the expense of a quality service, and others who try to lock in landlords through unfair terms in contracts. Disruption from technology is beginning to gather steam, first with OpenRent who have already become the biggest agent in the UK, albeit an online platform. There are also new entrants like Hello Neighbour with their fixed price, no lock-in property management, and recently their new self-service letting package to compete with OpenRent. (Hello Neighbour advertise on Good Landlording, but Good Landlording is not an affiliate of Hello Neighbour). The NRLA are also doing more online. This all increases the pressure on traditional "high street" agents. The industry has been consolidating, with big players like Countrywide buying up small local firms. Some are doubling down on customer service. A prime example is Kristjan Byfield's Base Property Specialists in London, who genuinely care about providing a quality service both for tenants and for landlords. Unfortunately, others try to stop landlords from leaving by tying them in or charging them a high exit fee if they want to terminate property management or in rent collection. This can make it very difficult for landlords to terminate rent collection and property management contracts. 2. What packages do letting agents offer landlords? These are the four key packages of services that letting agents typically offer landlords: a. Let-only / Tenant Find / Introduction Service This is the most basic level of service, and not all agents offer it. It's popular with self-managing landlords. The agents find tenants for the landlord, and hand the baton over to the landlord once they have checked in the tenant. The agents typically advertise and market the property, carry out viewings, and recommend a short list. Once the landlord makes a decision, the agent will carry out referencing and the right to rent checks. The landlord will usually pay extra for an inventory and the tenancy agreement. The agent handles the deposit and the first month's rent, and checks in the tenants. The landlord pays an upfront fee for this which can range from 3-8 weeks' rent, including all the costs.
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    30 mins
  • RRB #2: Why Renter Reforms might start in May 2025
    Apr 29 2024
    This is the second special episode of Good Landlording on the Renters Reform Bill. Richard and Suzanne talk about how and why the renter reforms may well start to come into effect in May 2025, and what this means for landlords. This includes the likely timetable for implementation of what will be the Renters Reform Act, and when the key provisions will start to apply to new tenancies. The new rules could come in for new tenancies as early as May 2025, assuming Royal Assent is in October 2024. They also discuss the implications of the wide definition of new tenancies, which means that tenancies that are already in place now may be subject to the new rules next year. These show notes summarise the main points about the discussion about when the new renter reform rules will start to come into force, and include links to useful resources. What we cover in Renters Reform Bill Special #2When will tenancies be subject to the Renters Reform Bill?Stage One: For new tenancies from the Commencement Date (probably from May 2025 )Stage Two: For existing tenancies on the Extended Application Date (after Lord Chancellor assessment - 2026?)What is a new tenancy under the Renters Reform Bill?What is an existing tenancy under the Renters Reform Bill?Examples of when the new rules will applyFixed term tenancy signed November 2024 ending July 2026Until when will landlords be able to serve a Section 21 notice?ConclusionCredits When will tenancies be subject to the Renters Reform Bill? For landlords, the big question is when Chapter 1 of Part 1 will come into force. Chapter 1 of Part 1 is the section of the Bill that sets out the new rules for tenancies. In other words, the new periodic assured tenancies which will have no fixed term periods, no s21 "no fault" eviction rights for landlords, no rent review clauses, and a new implied right for tenants to have pets. The first big step will be for the Renters Reform Bill to receive Royal Assent, which will transform it into the Renters Reform Act. Once a Bill becomes an Act, not much happens at that point. Before it comes into force, it needs to be implemented, and this is usually done in stages. Although it initially appeared as if the new Lord Chancellor's assessment of the operation of the eviction process had kicked the abolition of Section 21 into touch, that is not strictly the case. In fact, tenancies will start to switch over to the new regime on a commencement date that will be at least six months after Royal Assent. Assuming Royal Assent in October, that brings us to May 2025, if a new government keeps to the same timetable. A Department for Levelling Up spokesperson said on 24 April: "We have always said we will give six months' notice before ending section 21 for all new tenancies. In addition, we have committed to ensuring improvements in the courts service are rapidly implemented before extending this abolition to all existing tenancies." These are the stages that the DLUHC spokesperson refers to: Stage One: For new tenancies from the Commencement Date (probably from May 2025 ) The changes for new tenancies will come into effect at least 6 months after Royal Assent. The government will publish a start date for the implementation of the rules after Royal Assent and give 6 months’ notice. May 2025 date is prob about the earliest date. It might be later than that. This is called the Commencement Date in the Bill. Stage Two: For existing tenancies on the Extended Application Date (after Lord Chancellor assessment - 2026?) The Renters Reform Bill has been recently amended so that the Extended Application Date for existing tenancies will be after the Lord Chancellor publishes an assessment on the operation of the eviction process and enforcement in the county courts. We spoke about the Lord Chancellor's assessment at length in RRB #1: Latest changes to Renters Reform Bill. We don’t know when the Extended Application Date will b...
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    16 mins
  • GL #3: Guide to selecting good letting agents
    Apr 24 2024
    In Good Landlording Episode #3, Richard and Suzanne broach the big subject of letting agents by giving an overview of what landlords need to know about agents to help them make the right choice, in the first of a series of three episodes on agents. For many landlords, agents are a vital part of letting and managing their properties, while for other landlords, they prefer to manage every aspect of the properties themselves. As experienced landlords themselves, Suzanne and Richard discuss the pros and cons of using letting agents, and share some little-known tips on how to select good agents, based on their own experiences and Suzanne's legal insights. This is an introductory episode on letting agents. Richard and Suzanne cover practical tips for signing up with letting agents in Episode #4. Here are the detailed show notes for Episode #3. What we cover in Episode #3 on letting agents1. How many landlords use letting agents?2. Why it's important to choose the right letting agent3. Why landlords should have copies of all documentation4. What does the law say about letting agents?5. Basic due diligence to avoid rogue or bad agents6. How can landlords find a good letting agent?Golden nuggetCredits >> Submit a question: Click here for question form 1. How many landlords use letting agents? It's difficult to know definitively how many of the 2.5 million or so landlords use letting agents as even the official statistics are estimates based on small samples. However, here are two surveys which both estimate that the overwhelming majority of landlords (over 80%) do not use them for property management. The 2021 English Private Landlord Survey (EPLS) estimated that almost half (49%) of the landlords surveyed said they didn't use a letting agent. 46% used an agent for letting services and less than one in five (18%) used one for property and tenant management services. Looking at it the other way, over four-fifths (82%) of the landlords surveyed self-managed their properties. However, this was not only a small sample size of 9,300 landlords, the sample was not representative of landlords as a whole and landlords who registered deposits themselves- figures for landlords whose agents registered deposits are not included in this analysis. In the Property Redress Scheme's 2023 Annual Sentiment Survey of 2,700 landlords and agents, 65% of landlords self-managed their own properties, with about a fifth (19%) relying on a hybrid of self and agent management. According to this PRS survey, only 14% of private rented properties are managed by letting agents. This number is less than estimated in the EPLS. In the "old days", before the internet, there were few letting agents and landlords would find tenants by advertising in the classifieds of newspapers. Suzanne remembers finding her first bed-sit in Clapham in the early 1990s in the classifieds of the Evening Standard. Technology has been slowly making it easier for landlords to self-manage their properties, with the advent of OpenRent (affiliate link) and now the new self-service letting platform launched by Hello Neighbour in April 2024. (Hello Neighbour sponsor Good Landlording and offer listeners a £10 discount by using this Good Landlording link). These online platforms facilitate the process of finding tenants themselves, advertising on the property portals such as Rightmove and Zoopla, and "onboarding" them. 2. Why it's important to choose the right letting agent Letting agents can make or break the success of a tenancy. The experience of using letting agents varies considerably, and even from branch to branch of the same company. The best agents typically find the best tenants. They do regular inspections, give landlords early warnings of an issue, and this results in properties being kept in good condition, with rent paid on time. They find long-term quality tenants which means ultimately fewer voids.
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    22 mins
  • RRB #1: Latest changes to Renters Reform Bill
    Apr 20 2024
    In this special episode of Good Landlording, Suzanne Smith and Richard Jackson discuss how recent government amendments to the Renters Reform Bill kick the implementation of some unpopular provisions for existing tenancies into the long grass, and some welcome amendments. They include changing the way the abolition of Section 21 will come into force for existing tenancies. The government introduced these amendments to address "concerns" of some Conservative MPs about the Renters Reform Bill, and the amendments will be debated in the House of Commons during the Report Stage of the Renters Reform Bill on 24 April 2024. As well as delaying the implementation of some of the parts of the Bill that have been unpopular with many Conservative MPs, there are some less controversial but nevertheless important amendments. Richard and Suzanne explain which parts of the Renters Reform Bill the government is planning to delay, and the practical impact on landlords of the key government amendments. Suzanne and Richard have since recorded another special episode, RRB #2: Why Renter Reforms might start in May 2025, which has detailed information on the expected implementation of the key parts of the Bill, with examples. What we cover in this Renters Reform Bill special episode1. Lord Chancellor’s assessment to determine implementation of Renters Reform Bill for existing tenanciesWhat is the Lord Chancellor's assessment?Who is the Lord Chancellor?Which parts of the Renters Reform Bill will be subject to the Lord Chancellor's assessment?Which parts of the Renters Reform Bill be subject to the Lord Chancellor's assessment?How long might the Lord Chancellor's assessment of the county court process take?2. Minimum tenancy to be six months3. Widened scope for Mandatory Ground 4A for student tenancies4. Changes to Rent Repayment Orders5. Change to Grounds 1 and 1A for landlords selling up or moving in6. Local authorities' "prevention of homeless duty" to start earlierFinal thoughtsCredits Parts the Renters Reform Bill have been kicked into the long grass >> Submit a question: Click here for question form 1. Lord Chancellor’s assessment to determine implementation of Renters Reform Bill for existing tenancies It has been known for some time that some Conservative MPs were not happy with aspects of the Renters Reform Bill. This led to the progress of the Renters Reform Bill through the House of Commons being delayed for 5 months after the Committee Stage at the end of November 2023. It had been widely signalled by the government that the abolition of Section 21 would be made subject to improvements in the court system for possession orders. What had not been expected is that the implementation of other provisions in the Bill would also be made subject to improvements in the court system insofar as they relate to existing tenancies. (Note that new tenancies will not be delayed beyond the usual six month implementation period.) This creates a two-track Renters Reform Bill with key parts of the Bill being delayed for existing tenancies until the Lord Chancellor publishes the assessment, with the rules for new tenancies and other parts coming into force earlier. >> Related episode: RRB #2 - Why Renter Reforms might start in May 2025 What is the Lord Chancellor's assessment? The government proposes delaying the implementation of Chapter 1 of Part 1 of the Bill for existing tenancies until the Lord Chancellor has published an assessment to the effect that landlords are both able to get orders for possession from the county court when they apply, and they can get those orders enforced by bailiffs. In other words, the backlogs in the county courts and with bailiffs need to be cleared, and the county courts need to be functioning efficiently. It will be for the Lord Chancellor, a political appointee, to publish the assessment at such time, and in such manner, as they think appropriate.
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    21 mins
  • GL #2: How to select good tenants
    Apr 17 2024
    These are the show notes for Episode 2 of Good Landlording. This week, Richard and Suzanne discuss the important topic for landlords of how to select good tenants. In this episode, they go through the processes that they both use to select good tenants, sharing practical tips about how they go about selecting good tenants the right way, without falling foul of the law. This includes the tenant application forms they use, the rules on holding deposits, what selection criteria you can and can't use for tenants from a legal perspective, and how to vet tenants. Next week, Richard and Suzanne broach the big subject of letting agents in the first of three episodes on letting agents: GL #3: Guide to selecting good letting agents. What we cover in Episode #2 on tenant selectionTips to select the right tenants1. Are the tenants right for your property?2. Choose long-term tenants3. When is it reasonable to accept or refuse pets?4. Are the applicants reasonable with good communication skills?5. Why landlords should be involved in tenant selectionWhy it's important to have a tenant application formHolding deposit rules How to vet tenants What the law says about selection criteria for choosing tenantsGolden nuggetCredits >> Submit a question: Click here for question form Tips to select the right tenants Suzanne and Richard discussed affordability and red and green flags in Episode 1 - What makes a good tenant? The next step is to select the right tenants from your shortlist of applicants who have all qualified as good tenants on paper. If you are looking for tenants yourself using an online platform, you should pre-screen tenants for suitability before arranging viewings, so you can weed out time-wasters. Here are 5 practical tips to help you choose the right tenants. 1. Are the tenants right for your property? Tenants might be good on paper, but they need to be right for the property. For instance, a family for a family sized house and a single person or a couple for a bedsit. 2. Choose long-term tenants Long-term tenants are great for landlords as they help reduce void periods, the cost and hassle of preparing the property for letting and the process of finding new tenants. Offering 2-3 year fixed terms with rent review clauses is a good option. However, be aware that landlords can't use section 21 during a fixed term, unless there is a break clause, which means that if there is a problem with the tenants during the fixed term, the landlord would need to use section 8 to evict the tenants. 3. When is it reasonable to accept or refuse pets? The question of whether to allow pets is tricky in flats. It comes down to reasonableness. Whereas it might be reasonable to allow a dog in family house (not an HMO) with a garden, it's riskier in a small flat. 4. Are the applicants reasonable with good communication skills? Good tenants aren't just tenants who can afford the rent. The relationship will be more harmonious if they are reasonable and have good communication skills. For instance, they won't call up asking for the landlord to change a lightbulb (that's their responsibility anyway), and are more likely to report maintenance issues such as slow water leaks before they escalate into a major repair because of the damage from the leak. 5. Why landlords should be involved in tenant selection Even if landlords use letting agents, we both recommend being involved in tenant selection, by meeting the shortlisted candidates either in person, or via Zoom. This helps landlords get the measure of the applicants, to see whether they'll be good tenants in practice. Why it's important to have a tenant application form uzanne asks tenants pre-screening questions before agreeing to book viewings, which enables her to weed out unsuitable applicants and time wasters. It's easy to do this on the OpenRent platform. (Click here for the screening questions Suzanne uses for an example).
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    17 mins
  • GL #1: What makes a good tenant?
    Apr 10 2024
    Suzanne Smith and Richard Jackson kick off this new podcast by discussing with what's important to any business: our customers. And for landlords, that’s our tenants. For their inaugural episode, they talk about what makes a good tenant and what our red and green flags when we look for tenants. This is an introductory episode on good tenants, focusing on affordability and what to look out for. Richard and Suzanne cover tenant selection and the application process in detail in GL #2: How to select good tenants. What we cover in Episode #11. What is a good tenant?2. What does affordability mean?3. Why landlords should ask to see applicants' credit report even if they use agents4. What are green flags when choosing tenants?5. What are red flags when choosing tenants?6. Golden nuggetNext week's episodeResourcesCredits >> Submit a question for Suzanne and Richard: Click here for question form 1. What is a good tenant? With the Renters Reform Bill turning tenancies into longer term relationships, it's important for landlords to be very careful when choosing tenants, even if they use letting agents. But what is a good tenant? For us, a good tenant has the following basic attributes: Affordability: they can afford to pay the rent - it's never going to end well if they live beyond their means and can't afford the rent. Responsible: they will look after the property, let you know when something needs fixing, and comply with the tenancy agreement. Long-term: they want to live in the property for a long time, keeping your voids and re-letting costs to a minimum. Choosing someone local or with a good reason to live in the area might point towards them being long term tenants. That's all well and good in theory, but what does it actually mean in practice? 2. What does affordability mean? Affordability means that the tenants can afford to pay the rent out of their net income and any benefits. The received wisdom is that tenants need to have an income of at least 2.5x the rent. However, this is quite tight, and depends on their spending habits. We'd ideally like more than this, say 3 or even 4 times the rent as an ideal. It's easier to meet the affordability criteria if there are two tenants with an income. We also look for renters with stable jobs, outside of a probationary period. LinkedIn is useful to seeing how often the people move jobs, and Facebook is useful for showing what they spend. The implication of the Renters Reform Bill is that landlords are likely to be more conservative when it comes to choosing tenants who have an adverse credit history, with previous CCJs or IVAs. Many landlords take out rent guarantee insurance on their tenants, and to do this, the applicants need a good credit history. 3. Why landlords should ask to see applicants' credit report even if they use agents In view of this long-term relationship between the landlord and tenant, the landlord should look at the credit report before making the decision to go ahead with one of the candidates, so they know if there are any adverse entries on the report, which the agent might not disclose. Sometimes letting agents are reluctant to share the credit report with landlords. However, from a legal perspective, the landlord is the "principal" and the letting agent acts on behalf of the principal. So long as the landlord is registered with the Information Commissioner's Office (it costs £35 - see below for more details), the letting agent cannot refuse to hand over the credit report. Of course the landlord needs to store the report securely and have a privacy policy, but it is wrong to say that landlords should not see credit reports. This is part of a wider theme that landlords can't "let and forget". They still need to be actively included in the decision-making, even if they use agents. And landlords need to be know their rights when it comes to dealing with agents.
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    19 mins
  • Trailer of the Good Landlording podcast
    Apr 3 2024
    This is the trailer for the Good Landlording podcast, co-hosted and co-founded by Suzanne Smith of The Independent Landlord and Richard Jackson from Alphaletz. Good Landlording is a new weekly podcast that comes out every Wednesday, specifically for landlords and people who want to be landlords. It is also helpful for property investors, housing providers and property businesses who want to understand the issues that matter to landlords. Good Landlording officially launched on 3rd April. The first podcast episode will be released on Wednesday 10 April and is about the most important topic for any business: our customers. For landlords, that's our renters. You can listen to the trailer on the player above or on your favourite podcast app, or read the show notes and links below. You will find the full transcript at the end of this post. Let us know what you think by leaving a comment below or by messaging us on social media: Good Landlording on X or Good Landlording on Instagram. You can also submit a question for Suzanne and Richard to potentially answer on a future podcast episode by completing this Google form. At a glanceWhat does the new Good Landlording podcast cover?How do we follow the podcast?Links to weekly episodesLinks to Renters Reform Bill special episodesCan I submit a question for Suzanne and Richard to answer?CreditsTranscript What does the new Good Landlording podcast cover? Each week we take a different challenge that landlords face, and discuss how to tackle it. Practical topics that really matter to landlords, and not just moaning about the state of the private rented sector. We're starting with the topics that members of The Independent Landlord Community private Facebook group suggested, including the following: How to pick good letting agents? How to self-manage? What to do about rent increases? How to tackle damp and mould? What newbie landlords need to know? How to scale your business as a landlord efficiently? How to handle rent arrears? What makes a good tenant? How to choose good tenants? How to be a good landlord? We'll also do regular updates on new legislation, including the Renters Reform Bill, and whatever a new government brings us. This is Suzanne Smith's speciality as she worked as a solicitor for 25 years before becoming a landlord. How do we follow the podcast? Follow us on your favourite podcast app, which you can find in the side bar on this page. You can also sign up to our newsletter using the form below so you'll have easy links to the useful show notes of each episode that will only be available on this website. Links to weekly episodes Here are direct links to the weekly episodes: GL #1: What makes a good tenant? GL #2: How to select good tenants GL #3: Guide to selecting good letting agents GL #4: Tips for signing up with letting agents Links to Renters Reform Bill special episodes Although we include references to the Renters Reform Bill in our weekly episodes, where relevant, here are special episodes that concentrate on the Renters Reform Bill: RRB #1: Latest changes to Renters Reform Bill RRB #2: Why Renter Reforms might start in May 2025 Can I submit a question for Suzanne and Richard to answer? Yes, we love getting questions from our listeners. You can ask a question or suggest a topic for future podcast episodes by completing this question form, or by sending us your question via our contact form. >> Related post: About Good Landlording >> Submit a question: Click here to complete question form Credits window.addEventListener('message',function(e){'https://widgets.blubrry.com'===e.origin&&'object'==typeof e.data&&(document.getElementById(e.data.senderId).style.height=e.data.height+'px')}) Music: "Paradise Found" by Kevin MacLeod of Incompetech. Licensed under Creative Commons: Attribution 4.0 License. Transcript Hello,
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    2 mins