Landlords’ Rights Bill: Let’s tell the government what we want

Landlords’ Rights Bill: Let’s tell the government what we want

10:16 AM, 20th December 2024, About 10 hours ago 12

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Since this is the time for reflection on what has happened this year and thinking about New Year resolutions, I think that since no-one else is going to put our side of what tenants should be expected to do, I think we should put together a Landlords’ Rights Bill.

Obviously, most of what follows is common sense and places obligations on tenants that the likes of Labour, Shelter and Generation will hate.

But 2024 has been a rollercoaster ride for landlords with financial pressures and the idiotic Renters’ Rights Bill and dealing with moronic ideas from the government.

These include forcing landlords to let out an empty property. That’s straight-up Marxism and I’ve flagged up many times this year that we will lose control of our properties under these sixth-form dreamers.

We also have the prospect of the government pumping more money – said to be £1 billion – for tenants to fight an eviction notice and remain in their home. But we don’t have the cash to keep pensioners warm?

EPC rating of C for rented homes

Plus, the nonsense announced by Miliband as soon as he took office that the EPC rating of C for rented homes will be in place by 2030. It won’t.

And there’s the announcement that councils can impose selective licensing schemes without Secretary of State approval – that’s a recipe for disaster. Plus, isn’t this what the landlord’s database is going to do?

My big issue is that the RRB and these moves to ‘level the playing field’ never involve the opinions of landlords. We are never consulted – and no-one ever bats for us.

So, to help critics, tenants and the Labour fantasists who clearly don’t know anything about the private rented sector, or landlords, here’s a starter for 10 to help them see what the big issues are with the PRS and RRB – and why speaking with landlords is crucial for the sector’s success.

I’m going to start with some observations but there will be other things that slip my mind – help me to help the tenant activist organisations and Labour start 2025 with a firmer understanding that their meddling will do the opposite of what they plan for.

Here we go!

  • Timely rent payments: It’s an obvious starting point but paying rent on time is a legal obligation. It helps landlords provide safe and secure housing by maintaining properties and covering expenses. Late or missed payments can cause significant financial strain, and there should be clear consequences for tenants who fail to meet this obligation – I’m obviously talking about eviction for non-payment and the government’s aim to make this harder will be catastrophic for tenants and landlords.
  • Property care and maintenance: Tenants should be expected to take reasonable care of the property they are renting. This includes keeping their home clean, report maintenance problems promptly and not causing damage that isn’t normal wear and tear.
  • Anti-social behaviour: Increasingly councils are placing the burden of a tenant’s behaviour onto the landlord. This is usually part of the selective licensing scheme so this will be coming to a neighbourhood near you very soon – if you don’t have it currently. The council and police can’t/won’t deal with the issue but apparently landlords have a magic wand. They will punish us for this and then try to prevent us from evicting troublesome tenants. Go figure.
  • Subletting and unauthorised occupants: I’m convinced this is a much bigger issue than the figures suggest. Tenants should not be allowed to sublet the property or have unauthorised occupants without the landlord’s consent. Putting the issue of using a landlord’s property to rack up cash on Airbnb aside, this can lead to overcrowding, increased wear and tear, and potential legal issues. A landlord must always have the right to decide who lives in their property – and gain possession quickly when this happens.
  • Tenancy agreement: This is a legal document and, as such, should be adhered to. As we move to never-ending tenancies under the RRB, tenants must respect what they have signed up for and provide proper notice if they intend to move out.
  • Security deposits: While these are held with a third party or you have deposit insurance, a landlord’s claim against the deposit for damage should be a straightforward process to recover costs without unnecessary delays. I’m not entirely sure about Labour’s idea that the deposit follows the tenant so it’s easier to move – there’s no mention of the impact on a landlord trying to make a claim for damage under that regime, of course.
  • Right to inspect: Landlords should have the right to conduct regular inspections of the property, with appropriate notice given to tenants. This ensures that the property is being maintained properly and allows landlords to address any issues before they become major problems. Clear guidelines on the frequency and notice period for inspections should be included. We need a caveat that means a tenant can’t turn down two or three choices of date before a mandatory – legally protected – inspection will be imposed.
  • Eviction rights: In cases where tenants repeatedly violate the terms of their tenancy or engage in illegal activities, landlords should have the right to evict them. The eviction process should be fair but efficient – and QUICK. No court delays will be tolerated because prolonged periods of non-compliance can lead to financial and legal complications.
  • Rent rises: Landlords should have the ability to adjust rent in line with market conditions and property improvements. While rent increases should be reasonable and justified, landlords need the flexibility to ensure their investments remain viable. A transparent process for increasing rent can help maintain a fair balance. That also means the proposed tribunal system must be impartial and QUICK.
  • Legal support: If it’s good enough for tenants, it’s good enough for us and landlords should have access to legal support and resources to help navigate disputes. This includes clear information on the tenant’s rights and responsibilities, as well as access to mediation services – I doubt the proposed Landlord Ombudsman will be fair to us – to resolve conflicts without resorting to lengthy court battles.
  • Tenant screening: Landlords should have the right to conduct thorough background checks on potential tenants. This includes credit checks, employment verification and references from previous landlords. Ensuring that tenants are reliable and financially stable helps protect landlords from future issues. It’s no good saying landlords must take families, pets and those on benefits – it’s our property not yours.
  • Property improvements: Tenants should not make modifications to the property without the landlord’s consent. This includes structural changes, major renovations, or alterations that could affect the property’s value or safety. Clear guidelines on what constitutes a significant modification should be established. I’d also add that reasonable decorations are OK, but some tenants go properly overboard when decorating – leaving us to deal with the resulting, horrific mess.

Not putting landlords at a disadvantage

Ultimately, I want to see – just as Labour does – a balanced and fair rental market but that means not putting landlords at a disadvantage, especially if it costs us money and deciding who gets to live in the property.

I’ve not even mentioned the Orwellian landlord database – again, if it’s good enough for us, it’s good enough for tenants. Don’t give me any GDPR nonsense when our home addresses might be made available.

Or Awaab’s Law that will make landlords responsible for mould and damp – even when it’s caused by tenants. Stop believing that all tenants are beyond criticism.

And I dread what special investigatory powers that councils will get – they are inept now and the prospect of charging us even higher penalties when their own housing stock standards are shameful is beyond parody.

We need to be heard and everyone from tenants, MPs and the media need to understand the challenges we face.

A Landlords’ Rights Bill that addresses these concerns will help create a more stable and equitable environment for both landlords and tenants.

It also means that everyone wins which means it won’t happen because landlords must always be the bad guys, right?

Until next time, have a merry Christmas!

The Landlord Crusader


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Cider Drinker

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12:52 PM, 20th December 2024, About 7 hours ago

I only wish to be treated fairly.
I already treat my tenants fairly and with respect. Is it too much to ask for fairness from the country that I served for most of my working life (ex forces).
I’m a basic rate taxpayer so I am not impacted by the outrageously unfair Section 24. Nevertheless, I pay more in tax than I earn in profit. Put another way, more of my tenants’ money goes to the Treasury than to feed my family.
As far as CGT goes, the government are welcome to all of my gain - AFTER inflation is accounted for. My most recent sale made a gain lower than CPI yet I was still burdened with a considerable CGT bill. This cannot be fair.
The rules that landlords need to follow should be clearly explained in a single, short, government-backed document. Penalties for failing to follow the rules should be proportionate.

Raz

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15:26 PM, 20th December 2024, About 5 hours ago

We need a specialist property tribunal/ court with decision made by a panel of 3persons - 1 for the landlord, 1 for the tenant, 1specialist in rental law.

Also I believe the landlord database should be a combined landlord/tenant database.
There are multiple ways it could be put to use:
1. As part of the initial tenant check - good tenants would have a higher rating similar to credit checks so it would benefit them, while incentivising bad tenants to clear up their act.

2. Listing the reason/results of previous deposit disputes - may show a pattern of repeated behaviour.

3. Listing tenants who leave in arrears.

4. Listing tenants who don't pay off tenancy-related MCOL/CCJs.

5. Could be used to trace tenants who disappear owing rent/bills via next tenancy.

6. Could be used to easily verify if subletting is agreed with the landlord.

7. Evictions could be listed with the grounds given providing a legitimate source of data rather than skewed surveys.

8. Tenants would also be able to mark bad landlords if case is won at property tribunal/court with the given reason. Driving out the bad landlords would allow for fairer future changes to tenancy laws for the good landlords, and enable councils to focus their efforts where it is needed rather than having blanket licencing laws.

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