Renting: No-fault evictions to be banned in England

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    Originally posted by Lawcruncher View Post

    How about landlords not being able to demand a deposit unless they put one up for the same amount?
    What would that deposit cover? You presumably have some ideas given your advocacy? Sensible suggestions ,please?

    Comment


      Originally posted by gnvqsos View Post
      Tenants should be able to request a reference about a landlord from an existing tenant.
      They already can.

      Comment


        Originally posted by gnvqsos View Post

        What would that deposit cover? You presumably have some ideas given your advocacy? Sensible suggestions ,please?
        The same as the tenant's deposit covers - a breach of covenant by the landlord, for example a failure to repair.

        Could it be argued that requiring a deposit from the tenant while not providing one is an unfair term because it creates an imbalance in rights?

        Comment


          Originally posted by Lawcruncher View Post
          Could it be argued that requiring a deposit from the tenant while not providing one is an unfair term because it creates an imbalance in rights?
          Not with a straight face.

          Comment


            Originally posted by Lawcruncher View Post
            Could it be argued that requiring a deposit from the tenant while not providing one is an unfair term because it creates an imbalance in rights?
            It's no more of an imbalance than the ability of a tenant to leave at the end of a tenancy without providing a forwarding address, so any end of tenancy issues can be addressed, which is an option not afforded to the landlord.

            The tenant's deposit mitigates that inbalance.

            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).

            Comment


              The imbalance is that the tenant is required to provide security for the performance of his obligations while the landlord is not. It is true that a landlord may lose track of his tenant after the end of the tenancy, but against that a tenant cannot end a tenancy if his landlord is in breach.

              Comment


                Originally posted by Lawcruncher View Post
                a tenant cannot end a tenancy if his landlord is in breach.
                He can just not pay the rent, surely, and wait until the end of the fixed term?
                To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                Comment


                  Originally posted by JK0 View Post

                  He can just not pay the rent, surely, and wait until the end of the fixed term?
                  He can, but precisely what the law is is uncertain. Besides, the roof may spring a leak the day after the rent has been paid.

                  Comment


                    Originally posted by Lawcruncher View Post

                    He can, but precisely what the law is is uncertain. Besides, the roof may spring a leak the day after the rent has been paid.
                    Oh, well unless the tenant is going to repair the roof himself, using the money from the rent, I'd say he should pay his rent.
                    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                    Comment


                      Originally posted by jpkeates View Post
                      It's no more of an imbalance than the ability of a tenant to leave at the end of a tenancy without providing a forwarding address, so any end of tenancy issues can be addressed, which is an option not afforded to the landlord.
                      Yes another one which should be mandatory for the the recent white paper......so that's not going to happen.

                      Comment


                        Originally posted by Lawcruncher View Post

                        The same as the tenant's deposit covers - a breach of covenant by the landlord, for example a failure to repair.

                        Could it be argued that requiring a deposit from the tenant while not providing one is an unfair term because it creates an imbalance in rights?
                        Yes it could.

                        Comment


                          Surely it is really about supply and demand - if there was a surplus of properties tenants could ask for references, deposits etc but at present LLs are the ones who can make those demands because of the lack of supply.

                          Comment


                            Originally posted by jpucng62 View Post
                            Surely it is really about supply and demand................... LLs are the ones who can make those demands because of the lack of supply.
                            Every single thing in life is, to a great or lesser degree, centered around somebody wanting something and another person having that ' something', that balance of power has always been there.

                            The PRS appears to be going down a road where the proverbial ' Tail is starting to wag the Dog' !! The govt is slipping into treating us as an extension of the social rental model....... i don't want to house the waifs and strays of society, i am not geared up for that, that is societies job and that translates to this (or previous) governments.

                            Comment


                              The PRS has always been an extension of the social rental model because may PRS tenants can only pay their rent with the help of benefits.

                              Comment


                                Originally posted by Lawcruncher View Post
                                The PRS has always been an extension of the social rental model because may PRS tenants can only pay their rent with the help of benefits.
                                I can see there has always be an implied relationship between the private landlord and the council but with what the govt are looking to do they are attempting to ensure that once we have tenants in our properties we will find it very hard to ever get them out, that is a real worry and something i have never known.

                                What i am reading on other property forum's is quiet scary (even without my current fear... EPC C), in Scotland i understand that even if the landlord wishes to sell it still has to be agreed by the courts, it is not automatic. If so, what if your tenant over the years has become very vulnerable, will they refuse ? Can they ?

                                I have little faith in all govt's but especially this current crop, so everything they do i need to fully understand before any decisions by myself.

                                Comment

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