Law student sues landlord – But wait?

Law student sues landlord – But wait?

9:57 AM, 15th December 2021, About 3 years ago 23

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Reading an article on the BBC today about a Law student, who successfully sued his landlord for breach of contract. According to the article, the student moved into his accommodation only to find it in a sad state of disrepair, with workmen still on site. He was therefore in effect living on an active building site, with all that would entail. The accommodation not looking anything like the pictures used to advertise. The student took his landlord to court, was awarded costs and return of the deposit, rent to date etc.

My initial thoughts were, “well done him.”

But it got me thinking that for this tenant, he was just required to produce the evidence on his day in court and decided there and then. However reverse the roles for tenants who breach the tenancy agreement, and landlords, based on my one experience, have to go through section 21, attend court on several occasions, obtain a decision against the tenant who can’t be bothered to turn up. But then decides to object re-opening the case, have the landlord appear at several more court days, produce a statement of fact, final have a judgement against the tenant who is instructed to leave by a specific date.

Wait until the tenant ignores that date, (on the advice of the local council – which IMHO the council should be charged with contempt of court, but that’s an argument for another day) go back to court to obtain an eviction order.

Finally, have the tenant leave owning £11,000 in back rent, and on the day of the eviction have the same local council request the landlord that he provides the tenant with a glowing written reference so they can get another rental property and not be homeless.

Finally, coming to the conclusion that the law is rather one-sided, and asking the question why can’t landlords just require one day in court and any decision binding?

Ian


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Jay

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17:37 PM, 15th December 2021, About 3 years ago

I agree whatever happens in the end, decreased housing and the issues that will cause, higher rents, less money in tenants pockets and some not able to afford the rental payments at all, more financial frustration. I cannot see this ending well.

The government have made their choices about housing over the years and currently and we have seen the results and there will be more to see. In my humble opinion they have not made the best decisions for those really in need. Which when you think about it is everyone to a greater or lesser extent, since shelter is a fundamental human need. We as landlords who provide good accommodation and look after our tenants are treated pretty poorly given the subject matter.

Looking at the bigger picture, truth is a well run society would not have housing issues to this extent. However, this is what we have to deal with and as a consequence have to make our decisions about what to do when the government create an HMO financial issue, through banding, which is actually very questionable, law or not.

Oliver Black

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20:23 PM, 15th December 2021, About 3 years ago

It is one sided for a very good reason.

If a tenant loses out they could end up homeless or be living in accomodation that is not fit for purpose, this is a breach of an individual's human right to shelter.

If a landlord loses out they lose some money, which any good landlord will have been aware of the risks when they entered the business, and the realistic expected returns, and got appropriate insurance.

Jay

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20:37 PM, 15th December 2021, About 3 years ago

Reply to the comment left by Oliver Black at 15/12/2021 - 20:23I take your point Oliver with that particular aspect. However, I think Ian’s points are much wider ranging than the one single issue of a tenant being made homeless. In fact if that had to happen the Council have a legal obligation to house them even if it is a guest house or other emergency accommodation.
Even the Professional organisations like NRLA are lobbying on behalf of landlords, as they see the system as unbalance between landlord and tenant. Most landlords just want a fair and just system for all.
That said I completely understand your point.

Barbaracus

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13:59 PM, 16th December 2021, About 3 years ago

Reply to the comment left by Oliver Black at 15/12/2021 - 20:23Can you explain more about "this is a breach of an individual's human right to shelter."
As far as I was aware this is not in the Human Rights Act 1998.

Oliver Black

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16:09 PM, 16th December 2021, About 3 years ago

Reply to the comment left by Barbaracus at 16/12/2021 - 13:59
But it is in the UDHR, to which the UK is a signatory. One of the main reasons it isn't in any UK human rights (along with some other UDHR rights), is that the government argues it has already met them (through laws like tenants protection) so an explicit bill of rights is superfluous.

Oliver Black

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16:11 PM, 16th December 2021, About 3 years ago

Reply to the comment left by Stephen Johnson at 15/12/2021 - 20:37
Not to be rude, but of course the NRLA would be lobbying on behalf of landlords and saying the balance isn't quite right right now.

Being shunted between temporary accommodation isn't really the nice alternative to homelessness you're making it out to be, and is often in such short supply it isn't even an option for many people.

Jay

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5:38 AM, 17th December 2021, About 3 years ago

Reply to the comment left by Oliver Black at 16/12/2021 - 16:11Sorry Oliver nowhere in my text did I say that a tenant being moved to temporary accommodation was a nice alternative. It happened to my own son and it was not a great alternative. However, it was required for him to move on.
I have someone now I have issued a section 21 to first time in 25 years and do not feel good about it. However, even their support worker said it is not right for them to stay their for various reasons and we are all working together for the best outcome.
Your views are not wrong to want someone’s human rights protected, I am with you on that. It just is not that straightforward in many cases, as with many things.
I will have to leave this conversation now. I wish you well.

Oliver Black

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9:41 AM, 17th December 2021, About 3 years ago

Reply to the comment left by Stephen Johnson at 17/12/2021 - 05:38
Agreed, there are always individual edge cases. I was talking in general about how the council's obligation to house doesn't necessarily mean someone's right to shelter is being adequately respected.

Currently due to the pandemic things have been upended a bit, but in general the balance of "power" in the UK is still more in the landlords favour than in many other European countries.

I wish you well too!

Jay

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9:44 AM, 17th December 2021, About 3 years ago

Thank you
Steve

Michael Barnes

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21:45 PM, 17th December 2021, About 3 years ago

Do you really think evicting someone is on a par with breach of contract?

If your tenant has breached the contract, then you can take action against them without using S8 or S21 eviction process.

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