The courts discriminated against me just because I’m a landlord?

The courts discriminated against me just because I’m a landlord?

0:01 AM, 12th September 2024, About 2 months ago 18

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In the UK we rely on a justice system to be fair and equitable, but hope not to use it. I am sad to report more evidence of law driven discrimination against landlords.

Whilst a landlord is responsible for their property, the tenant’s right to a quiet life trumps this and tenants can deny a landlord access with impunity for things like repairs and inspections. This week to my cost I received the final outcome of a rent tribunal case taken against me by my tenant. The court results are jaw dropping and confirm the tenant can set a lower rent by dilapidating the property.

In this case, the tenant failed to advise me of issues in the property and denied me access to inspect despite repeated requests from me to do so. Instead the tenant made an application to the rent tribunal service claiming the rent was set too high. The tribunal
assessment has taken 9 months to complete and it feels like jaw dropping deliberate discrimination against me the landlord.

The tribunal has discounted the rent for dilapidations seen in its inspection, even when the court knows the issues have not been reported to me and I have been denied access to inspect or fix. The ruling effectively gives authority for the tenant to damage a property, eg cause a leak, damage items or even fire damage – really anything.

Keep the landlord out of the loop and deny them access, but invite the tribunal to assess the rent based on the property condition they have caused. Even though the tribunal knows the landlord has been denied the opportunity to fix the items and that no reports of issues are made they deduct rental payments for each item.

Therefore if a tenant wants a cheaper rent they simply have to trash the property and have the tribunal visit. The tribunal acts to keep the landlord out of his property taking instruction from the tenant. On the tribunal inspection the tenant will reap the benefits of their handiwork by having their damage assessed as rent reductions. The tribunal will then go on to effectively fine the landlord through rent reduction.

Bravo British justice, I hope you sleep well. I know as landlords we don’t. What can we do as landlords to stop the courts from discriminating against us?

Thanks,

Paul


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TheMaluka

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13:02 PM, 14th September 2024, About 2 months ago

Every tenant who has given me problems has been on benefits. I know the solution to bad tenants, and I am implementing it.

Paul Smith

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23:23 PM, 14th September 2024, About 2 months ago

Reply to the comment left by Cider Drinker at 12/09/2024 - 07:58
Thank you - I had taken this tenant to court three times under section 8 for owing £2000 in rent. The first time he told the court he had no heating for 4 years. The case was adjourned while he built a counterclaim. He had state of the art heating that was under warranty and offered no evidence at the adjourned hearing, but did pay down the rent below 2 months making the eviction discretionary. The judge let him stay. I reinstated the case when arrears grew again but again in court the judge described the £800 debt as small and allowed him to stay striking my section 8 out. I put in a section 21 and he didn't show, I did the paperwork myself including the three court copies - I believe took more than 50 hours work. The judge awarded in my favour a three weeks ago, the tenant had asked for more time in writing and put in a defence. The tenant left but did not tell me. All this as well as the rent tribunal case. The amount I am owed is around £1600. The stress has been the biggest issue for me. It is horrendous managing the legal system and dealing with tenants who lie. The best I can hope for is the rent is paid but if things go wrong the stress and cost are totally disproportionate for the landlord.

Paul Smith

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23:31 PM, 14th September 2024, About 2 months ago

Reply to the comment left by John at 12/09/2024 - 09:43
The rent was £520 for 15 years from 2007. This was for a modern three bed mews house in Lancashire. In 2007 I increased to £600 in 2022 where the tenant wrote he would not pay and said I should take him to court if I disagreed. So that is what I have been doing for 2 years. The next year I raised to £740 and the tenant did not pay that increase either. The tribunal recently assessed the market rent at £800 but discounted to £700 for dilapidations.

Paul Smith

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23:36 PM, 14th September 2024, About 2 months ago

Reply to the comment left by Downsize Government at 12/09/2024 - 10:07
The law is supposed to be equitable and people compensated for loss. But judges are simply discriminating against landlords where the tenant has suffered zero loss. If the deposit is available when the tenant leaves they have suffered no loss, yet the failure to lodge within 30 days of receipt means the landlord is unable to submit a section 21. Clear discrimination when the tenant has suffered no loss? Allowing tenant to go three months in arrears before mandatory section 8 evictions can be instructed is further discrimiantion against landlords. Contrary to what they say, the debt will not allow the tenant more time to pay and sore their finances, what it will do is allow the tenant to build more debt and effectively ultimately steal another months rent from the landlord.

Paul Smith

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23:42 PM, 14th September 2024, About 2 months ago

Reply to the comment left by PH at 12/09/2024 - 11:05
It feels like landlords are being treated like the modern day post masters decision are being made on emotion and not evidence. Mould growth is a big stick unscrupulous tenants can use against landlords. There needs to be J4L justice for landlords where some support is given to protect against unscrupulous tenants.

Paul Smith

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23:47 PM, 14th September 2024, About 2 months ago

Reply to the comment left by Nicholas Van Hoogstraten at 12/09/2024 - 11:22
Well the book (First tier tribunal) assessed the Market rent at £800 (reduced to £700 for dilapidation which was mainly a dated kitchen. The tenant denied access to upgrade the kitchen. The tenant had restricted his payment to £600 and the tribunal took 9 months to reach its conclusion, but backdated the decision for the 9 month delay. So the book decided the tenant owed £900 by the time it finished its work.

Paul Smith

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23:51 PM, 14th September 2024, About 2 months ago

Reply to the comment left by Cider Drinker at 12/09/2024 - 15:21
It may surprise you to know the tenant worked as a lettings agent managing 200 properties and was registered and accredited with NRLA. It didn't stop him being a liar and made him quite difficult to manage. I believe the court was being played by the way this person chose to act.

PH

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10:55 AM, 15th September 2024, About 2 months ago

Reply to the comment left by Paul Smith at 14/09/2024 - 23:42
It won't happen. The government wants us out regardless of the consequences but don't ask me why as it's beyond my comprehension.

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