I never thought I would say this, but I'm beginning to think there should be a register of landlords in the PRS and a basic exam of how to be a landlord. As my partner just said, the system needs an anti-fuckwit device. Is it me, am I just becoming more cynical as each year passes, or are some of these people who know so little totally unfit to be landlords?
Landlord Register
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I believe that there should be a register of landlords.
Free of charge (the additional tax take would pay for it) and having no exam or entry requirement.
You'd register personally and record any properties.
Each property and person would have a unique ID which would be mandatory on PI and notices.
That opens up a channel of communication, so that when something is introduced - like EICR or the requirement that an EPC of E or above is mandatory, people can be told about it.
I know a number of (so called) accidental landlords, and they've no idea about the need for an electrical safety test from next April, and it's hard to see how they could ever have become aware of it, to be fair to them.
My feeling is that crooked landlords will always exist and ignore any attempts to register them, but that most poor landlords are simply ignorant of what they're agreeing to do when they let a property.When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).
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There already is a landlord register (well, one per local authority) in Scotland, brought in by Antisocial Behaviour etc. (Scotland) Act 2004 Part 8. ANYONE can check is property if registered & name & address of landlord for free, and also freely check tribunal decisions against tenants, agents & landlords (so e.g. someone viewing property can check in advance if it's OK & person claiming to be landlord matches the records) and look up to see if landlord has a history of suspect things overturned by tribunal. Etc etc etc etc...
A landlord must be a "Fit & proper" person (but initially self-asserted). Landlords can & have been banned, again public register.
Fees are not bad IMHO, £66 for 3 years plus £13/property, free for HMOs.. See...
https://www.landlordregistrationscot...es-information
(claim against income tax)
In my view another step in cracking down on the crooks and cheats, but clearly not a complete answer to rogues (any more than speed limits preventing loonies speeding...)
Come on Engerland, catch up!
I'm a landlord in both England & Scotland. Some bits of legislation & rules are better in Scotland, some better in England.I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...
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Meanwhile here on planet Earth... a LL register will of course be paid for by landlords and add a level of beurocracy that does nothing useful and is run by jobsworth idiots. And just like everything else the law abiding will register while the dodgy landlords will carry on exactly as they are. Next step will be an annual check by said jobsworth at further cost to the LL. Be careful what you wish for.
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Originally posted by royw View PostMeanwhile here on planet Earth... a LL register will of course be paid for by landlords and add a level of beurocracy that does nothing useful and is run by jobsworth idiots. And just like everything else the law abiding will register while the dodgy landlords will carry on exactly as they are. Next step will be an annual check by said jobsworth at further cost to the LL. Be careful what you wish for.
And this idea of the accidental landlord is fabrication for the most part and an excuse used by people who don't have a clue. If you let your property the rules are the same and you must follow them. Tbh I'm a bit fed up with posters saying 'I didn't know' and ultimately it's the tenants who suffer.
The 6 month notice has really polarised my view on how some of us do our utmost to be fair and 'good' landlords but it doesn't really help when it goes wrong. And then there are the ones flying below the radar and getting away with it.
I'm in it for the long term but I wonder how many will get out after this?
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Originally posted by Interlaken View PostAgree with both of these posts. LOL having organised my EICR checks early electrician has been onto me this morning to get extra consents from tenants to allow entry in the light of yesterday's announcement - what a work up!
As far as I understand no extra consent is needed, just precautions, sounds like your electrician is just trying to make sure he does not get refused entry at the door wasting his time. The person I use did a covid awareness course and I sent that cert on in advance. I don't think the annoucement yesterday makes any difference to to EICR's CP12's EPC's etc etc
All the best
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Originally posted by Stew View Post
Agreed
As far as I understand no extra consent is needed, just precautions, sounds like your electrician is just trying to make sure he does not get refused entry at the door wasting his time. The person I use did a covid awareness course and I sent that cert on in advance. I don't think the annoucement yesterday makes any difference to to EICR's CP12's EPC's etc etc
All the best
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In defence of “ accidental landlords”... sometimes life leads you somewhere you hadn’t intended to go. 7 years ago I had to take the reins of my dad’s two rental properties because he had alzheimers and wasn’t coping, I had power of attorney. I was scared and frankly hated the responsibility. Dad had given me no preparation whatsoever. I came on to this forum, pretty clueless but wanting to learn. Got the occasional dressing down here but persevered. I’m absolutely no authority, but since then I’ve joined the NRLA, done webinars, day courses pre covid, I make sure the properties which my brother and I have since inherited all fully compliant, etc etc. So some people start off accidentally but make the choice to carry on in a professional manner.
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So a register of landlords would have to show you and your brother, although from what you say, the work involved is done by you. I am not enthusiastic for a register of landlords. because next thing you know an infraction on one letting will disallow the landlord on another. In my long experience problems with properties are often caused by tenants unauthorised alterations, whether blocking up vents in the belief it reduces draughts, drying clothes on storage rads causing the fuses to go, hanging too many clothes on the back of doors or any one of hundreds of variants. Supposing you were to let a three bed semi to two couples; and one couple have "a domestic" such that the husband sleeps in the spare room, apart from his wife. Ergo you suddenly have an unlicensed HMO because theoretically there are more than two households. The law needs to protect the landlord from the tenant conduct being such to create an HMO without the landlord's knowledge or consent. This is not being biased or racist or whatever but it is noticeable that a lot of the names on our lists of tenants are Eastern European, and "brothers/cousins/sisters" arrive and stay for long or short periods of time, about which landlords can do very little but whose presence may interest the Local Authority who allege that an HMO is being operated.
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Originally posted by ATC View PostErgo you suddenly have an unlicensed HMO because theoretically there are more than two households. The law needs to protect the landlord from the tenant conduct being such to create an HMO without the landlord's knowledge or consent. This is not being biased or racist or whatever but it is noticeable that a lot of the names on our lists of tenants are Eastern European, and "brothers/cousins/sisters" arrive and stay for long or short periods of time, about which landlords can do very little but whose presence may interest the Local Authority who allege that an HMO is being operated.
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i have a small hmo non licensable due to locality. It had a meter on the washing machine when I bought it but I disconnected it. I m finding that 1 tenant is doing 2 - 3 washes every day and so obviously is taking advantage of it and also hogging it. I stated in their tenancy agreements fair...
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Channel: Residential Letting Questions
20-01-2021, 21:16 PM -
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by PerceI have a feeling nobody has issued S21 and then S8. I am at my wit’s end how to get out of this trap....
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Channel: Residential Letting Questions
20-01-2021, 18:49 PM -
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by DaddyofTwoHi
I finally got today my Possession Order from a s21 served in May. Obviously I was aware that this is a bit of a hollow victory as the Bailiffs and HCEO are not evicting due to COVID but then I stumbled across https://www.gov.uk/government/public...-possession-ac...-
Channel: Residential Letting Questions
20-01-2021, 17:54 PM -
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by JK0Be happy with what you've got, if I were you. Do this the simplest way possible, as I suggested above....
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Channel: Residential Letting Questions
20-01-2021, 18:45 PM -
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by DaddyofTwoYes that is the other option - to pay the £125 and get in the queue. But presumably if I got another court Possession Order for a "serious case" then I would lose that £125. Could I apply for a writ of possession to go for an HCEO route if I have already applied for a warrant of possession...
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Channel: Residential Letting Questions
20-01-2021, 18:38 PM -
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by DaddyofTwoThey didn't turn up at the Possession Order hearings. Doubt that they would bother turning up at a s8? Anyway rent arrears is about £5k now.
But totally understand where you are coming from. That was part of the reason for not serving a s8 in the first place, as the tenant can just pay...-
Channel: Residential Letting Questions
20-01-2021, 18:31 PM -
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by JK0Just apply for county court bailiffs now IIWY. Then you'll have your application lodged as soon as they get the green light.
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Channel: Residential Letting Questions
20-01-2021, 18:28 PM -
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by DaddyofTwoCheers. Tenants incommunicado for nearly a year.
I'm not sure that intentionally homeless would apply anyway as they have a young kid so I assume that they have been told to wait until the bailiffs and then will be given a hostel regardless of whatever they do. (I should have been tougher...-
Channel: Residential Letting Questions
20-01-2021, 18:27 PM -
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by PerceEven if S8 does not cancel S21 possession order are you sure your T. is not going to create problems at the hearing ? My will. He will pay all the arrears....
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Channel: Residential Letting Questions
20-01-2021, 18:20 PM -
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by DaddyofTwoChase tenants for a "contribution"? They are now over twelve months in arrears and refused to communicate for almost that length of time.
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Channel: Residential Letting Questions
20-01-2021, 18:09 PM -
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