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

                                Latest Activity

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                                • Reply to Can I serve Section 21 Notice?
                                  by jpkeates
                                  No, you don't.
                                  You will need one if you relet the property.

                                  The EPC has to be at least rated "E", and will possibly need to be rated "C" in a few years time....
                                  09-08-2022, 11:03 AM
                                • Can I serve Section 21 Notice?
                                  by Rubz2009
                                  Hi was hoping for some advise.
                                  I have tentants in my property on a AST agreement which started in 2013 and has been rolling to date. Tenants are behind on their rent by a couple of months (during covid times which they believe they still do not need to pay) and also always late on monthly payments...
                                  08-08-2022, 18:49 PM
                                • Reply to Can I serve Section 21 Notice?
                                  by Rubz2009
                                  Just found the EPC dated 2010 so i definitely would have provided this to the tenant when they moved in in 2013. I am aware EPC is only valid for 10 years therefore do i need to now provide them with an updated one?...
                                  09-08-2022, 10:51 AM
                                • Reply to Sec 21 & Notice to Quit in same claim
                                  by Lawcruncher
                                  I cannot cite an authority, but I think that that has to be void for uncertainty....
                                  09-08-2022, 09:59 AM
                                • Sec 21 & Notice to Quit in same claim
                                  by Carly
                                  I have a dodgy LL who issues Licences to occupy instead of tenancies. He knows he's on dodgy ground and has failed to get possession against a previous person because of it. He wants me out on a no fault basis (has called me a professional tenant for daring to get him to supply hot water and other things)!...
                                  18-06-2022, 14:53 PM
                                • Reply to S8 Court Hearing
                                  by theartfullodger
                                  Assuming this is arrears, be aware tenant may claim there are outstanding repairs to be done (you'd probably disagree..) and if judge agrees with T then arrears reduced by judge's assessment of cost of repairs.

                                  I.e. be prepared


                                  Why not s21 please?
                                  09-08-2022, 09:57 AM
                                • S8 Court Hearing
                                  by Steampigs
                                  Hi All

                                  I have a hearing scheduled to evict my tenant using a Section 8 notice.

                                  I have lodged my claim online (PCOL), but what other documents will I require?
                                  I assume:-
                                  Tenancy Agreement
                                  S8 and Certificate of Service
                                  Updated amount of arrears
                                  Details...
                                  08-08-2022, 21:27 PM
                                • Reply to Sec 21 & Notice to Quit in same claim
                                  by Lawcruncher
                                  It certainly looks like a tenancy, but there has to be doubt that it is an AST. The agreement contains a clause which says: "You shall occupy...as a licensee and no relationship of landlord or tenant is created".

                                  To repeat and expand on what I said above, schedule 2A to the Housing...
                                  09-08-2022, 09:56 AM
                                • Reply to Can I serve Section 21 Notice?
                                  by jpkeates
                                  Having no tenancy agreement means that if the tenants don't leave and you go to court, you can't use the accelerated procedure.

                                  From what you've written, the only issue seems to be the EPC.
                                  09-08-2022, 09:36 AM
                                • Reply to Dps deposit
                                  by artin
                                  "I got the estate agents to put the deposit into my DPS account "? The agent usually transfer deposit into my bank a/c and I put it into my DPS a/c, is it possible for the agent put into your DPS account?

                                  DPS will issue "deposit certificate" within 1-3 days, stating...
                                  09-08-2022, 09:19 AM
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