16:20 PM, 11th December 2014, About 10 years ago 47
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Both landlords and tenants have rights.
At Property118 we provide FREE help for landlords and tenants in dispute. Perhaps more importantly though, our impartial mediation seeks win/win solutions for both landlords and tenants. Please don’t risk cutting off your nose to spite your face – read on.
Very few landlords are outright criminals but sadly, crooks can be found operating in every sector.
We want to help YOU!
To find out why and how please keep reading.
Coming from somebody like me, a landlord myself, the above probably sounds a bit strange or even far fetched. However, like most GOOD Landlords, I am frustrated at how landlords in general are so often demonised by media and propaganda organisations. Some of the worst offenders have been housing charities!
Worse still, I despise organisations who promote and relish in conflict, and profit off the backs of other peoples misery.
Neither landlords nor tenants want legal battles, so why do so many organisations strive to build a “them and us” culture?
Surely it’s better to be solution conscious?
No tenant deserves to be robbed of their deposit or illegally evicted, I think that’s a fair starting point for us all.
By the same token, no GOOD Landlord wants their hard work and investments to be governed by unnecessary additional red tape and bureaucracy.
Sadly, when extremist organisations get their way, and when more legislation is introduced, this results in rent rises to fund the additional costs of compliance. In extreme cases this can lead to less availability of quality rental property, e.g. landlords choosing not to invest further, or even disinvest in some areas (Newham in London is a classic example).
Tenants don’t want more red tape, bureaucracy and costs any more than landlords do, hence we must look for solutions together.
GOOD Landlords like me are happy to help tenants who have been unjustly victimised. Together we have an opportunity to put things right and perhaps even put some of the bad guys and the criminals out of business, and of course teach those who are naive and/or greedy their responsibilities.
Wherever possible, we prefer to help landlords and tenants to patch up their differences amicably. Only in the most extreme cases will we recommend legal action.
Here at Property118, landlords who subscribe to our forums have helped several tenants by providing them with free advice and, where appropriate, we have even introduced tenants to specialist solicitors, some of which will even consider taking on cases on a no-win-no-fee basis.
Property118 was created to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents. The GOOD Landlords Campaign was created to raise the necessary funding to pursue this mission.
So here’s my proposal …..
Tell me your story by completing the form below and I will personally look into your case and do all that I can to help you.
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Dr Rosalind Beck
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Sign Up8:58 AM, 16th December 2014, About 10 years ago
Hi David. I agree with Robert. With the most recalcitrant tenants I do not believe you would ever be able to get me a penny. The scenarios: an ex-tenant who owes us £2,500 (by court order), but always works under the radar. We've tried to get an attachment twice and all that's happened is that her employers have then given her the push because they're sick of the legal letters. The last thing I knew she lived in a first-floor flat and I know if you got as far as up the stairs and outside her door, if she was in, she would never answer the door. She also wouldn't leave a window or door open. She has no car. She spends the vast majority of her disposable income (assuming she is not paying her current landlord either - why would she? She knows she can get away with it) on clothes (which I understand you cannot seize), fags (gone in a puff of smoke) and nights out trying to pick up a man. How would you address that one?
David Asker
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Sign Up9:08 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "Rosalind " at "16/12/2014 - 08:58":
Rosalind,
I understand your frustration and as I stated in my response each case should be considered on its merits.
I would add though that not every landlord's debtor is as the one you describe.
What I would say is that as you have judgment it may be prudent to sit on it for a few years and revisit the situation then. People's circumstances often change and you may find more success in recovering the debt in time.
Dr Rosalind Beck
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Sign Up9:20 AM, 16th December 2014, About 10 years ago
Yes, David. Because sometimes you know there is no point at all. Hopefully, we'll get wind of where she's working and be able to pursue that employer too. Is the court order enforceable for up to 6 years from the date of the judgement? And is there any way of getting it extended? This one is personal... I don't want to let her off the hook ever, because she's a devious cheat.
As you say, not all debtors are like this. But they mostly have one thing in common - they won't hand over a penny out of any moral obligation - only if literally forced to.
Mark Alexander - Founder of Property118
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Sign Up9:24 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "Rosalind " at "16/12/2014 - 09:20":
What I can't understand is why anybody would let to such a person in the first place.
.
David Asker
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Sign Up9:26 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "Rosalind " at "16/12/2014 - 09:20":
Yes the judgement is enforceable from the date it was entered and technically you could obtain a writ of control a few days before it expires giving you a minimum of a one year extension.
Enforcement may also be permissible beyond this if you can demonstrate that you have continued to attempt recovery during the 6 years or if you can show that the debtors circumstances have changed and recovery is more likely.
Do you know if this debtor has a vehicle as this is generally the best place to start if we were to enforce?
Robert M
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Sign Up9:32 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "Mark Alexander" at "16/12/2014 - 09:24":
Ohhhhh Mark, not everyone can have the perfect tenant, there just ain't enough of them to go around........ sometimes we have to accept tenants who are high risk, and sometimes it works fine and other times it doesn't. I think you should come and visit my DSS tenants and get a taste of the real world, and real (DSS/LHA) landlord problems. Next time you're up near Sheffield, give me a call and I'll gladly take you around some of my HMOs and introduce you to the residents, I'm sure it will be educational.
David Asker
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Sign Up9:35 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "Robert Mellors" at "16/12/2014 - 09:32":
I agree too Rob, but with a little bit of effort landlord's can help mitigate their risk.
A guarantor is the good place to start but is not always possible I know. Next is take details of where they work and what they drive.
However, if you're renting to DSS tenants then you should accept the risks in doing so and budget a percentage of losses into your business model.
Kulasmiley
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Sign Up9:39 AM, 16th December 2014, About 10 years ago
Mark, I got my sums wrong, I just somewhere in the past misheard somewhere lol. Mark what is the percentage of illegal evixtions?
Mark what is the percentage of tenants that don't pay their rent?
Robert, excellent post.
Mark how about "no win no fee for landlords??"
ANYONE ELSE OUT THERE????
Robert M
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Sign Up9:40 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "David Carter" at "16/12/2014 - 08:44":
Hi David
I know the HCEO can be very effective in some cases, e.g. where the tenant has assets and lets you in to seize them, but like you say it is not suitable for all debtors and that means that landlord owed money have no EFFECTIVE method of enforcement, so that is why deductions from benefits would be a good additional enforcement option.
The knocking at the door for 6 years is slightly misleading, as the HCEO usually give up after 2 or 3 visits to the property without gaining access, so if a landlord wants to keep trying for up to 6 years then they have to keep paying you your fee.
Robert M
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Sign Up9:44 AM, 16th December 2014, About 10 years ago
Reply to the comment left by "David Carter" at "16/12/2014 - 09:35":
So you think landlords letting to DSS tenants should charge more so as to mitigate their risks? So do I, however, the government disagrees and won't even pay Housing Benefit at the average market rent, let alone at a higher rent, so where does this extra rent (to mitigate risks) come from???? - If you have the answer to that one, it will answer the prayers of all DSS landlords everywhere!