Mandatory Landlord Licensing?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Mandatory Landlord Licensing?

    Has anybody had any problems with this. Council being unreasonable and inflexible?

  • #2
    A Council being unreasonable? Sounds unusual, what have they done?
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


    • #3
      I've received my invoice for the selective licence but finding that council is not willing to budge on payment terms. They either want the licence fee in full or max instalment of 6 months. Now I've offered to clear it in 12 months on affordability grounds but they just won't accept that. The licence will run for 5 years, and I can only afford to pay what I have? Do they expect me to borrow money to pay it?

      Comment


      • #4
        Landlord licensing is on the way...

        Well it had to happen, didn't it...

        http://property.timesonline.co.uk/to...cle6223112.ece

        Comment


        • #5
          Originally posted by Ericthelobster View Post
          Well it had to happen, didn't it...

          http://property.timesonline.co.uk/to...cle6223112.ece

          Yes, it did, although landlords of licensable HMOs are already subject (and rightly so), to more stringent regulation than what is proposed here.

          I appreciate that many people, especially those with leanings to the economic right, are opposed in principle to regulation in itself (and even more so, when it affects them personally!). However, the provision of housing, especially for people who have little or no choice whether to rent or buy, is not like opening a DVD rental outlet or hiring out luxury yachts. It is not just a business venture like any other. Once you have secured your 'customers', they are legally committed to being on the receiving end of your service, for months on end, even if that service is - or becomes - dreadful. Decent housing is a basic human need (some would argue a basic right) and a quick read through these forums reveals that tenants in the private rented sector are at the mercy of some disgracefully sloppy landlords. I am not referring to most of the landlords who contribute regularly to this forum, since they seem to me to be professional in the positive sense of the word and committed to offering and managing good quality accommodation where tenants can live with their dignity intact.

          However, the grim end of the rented accommodation business in this country is not regulated by market forces alone (in the way that a burger bar would be, for example. There is a nationwide shortage of good affordable housing, so there will always be customers if the price is low enough, even if the accommodation is appalling. And even fast-food outlets are closed down if they poison people). For tenants to force essential health and safety repairs to be done at present via their local council EHOs can be time consuming and frustrating. It would appear that the rationale behind this regulation is to reduce the need for tenants to have to go down that route in the first place. Good idea.

          Having seen some of the abuses perpetrated by landlords catering for students and other low-income tenants, at the greedy end of the the buy-to-let boom, I welcome this. Anything which makes it difficult for these cowboys - even gets rid of them - cannot come soon enough. Apart from the fact that rents will no doubt go up by £1 per week to cover the licence fee (£50 being a crippling sum for most landlords to fork out, of course) and assuming the system is efficiently implemented, it would seem to be in tenants' interests; the only losers should be bad landlords.

          This will no doubt unleash a pandemonium of squealing.
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


          • #6
            It's of dubious legality, despite those well-founded grounds justifying it. Explain why the law should prohibit an owner from using his/her own property for sub-letting. On what underlying jurisprudential basis is that appropriate? If it is, would a law prohibiting an owner from living in (or mortgaging or selling) own house also be OK?
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


            • #7
              Originally posted by jeffrey View Post
              It's of dubious legality, despite those well-founded grounds justifying it. Explain why the law should prohibit an owner from using his/her own property for sub-letting. On what underlying jurisprudential basis is that appropriate? If it is, would a law prohibiting an owner from living in (or mortgaging or selling) own house also be OK?
              There is clearly a difference between allowing people to live in, or sell, their own houses and allowing them to make money out of letting other, often more vulnerable, people, live in them. Most would recognise that human nature being what it is, there is less motivation on the part of the property-owner-turned-LL, to ensure a high standard of accommodation, than when he (and his family) live there. His motivation, when tenants move in, is to make a profit.

              Most business ventures are regulated in some way to prevent customers being ripped off or put in physical danger by entrepreneurs interested only in making a fast buck. Does this type of proposed regulation not come under the same aegis (if that's the right word)?

              My understanding is that the licensing of HMO LLs is provided for statutorily; could this not simply be an extension or amendment of the same Act?
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


              • #8
                Doesn't such a scheme already work in Scotland?

                http://www.clacksweb.org.uk/housing/...dregistration/
                I also post as Moderator2 when moderating

                Comment


                • #9
                  Yes, its in place in Scotland, and one of the worst landlords in Glasgow now cannot now let property.

                  http://news.bbc.co.uk/1/hi/scotland/...st/7613087.stm

                  http://govanhill.eveningtimes.co.uk/...ent-flats.html

                  Comment


                  • #10
                    Originally posted by mind the gap View Post

                    My understanding is that the licensing of HMO LLs is provided for statutorily; could this not simply be an extension or amendment of the same Act?
                    In the case of Scottish HMOs, it was found that the small fines that resulted didn't act as a deterrant to non-licenced landlords.

                    Therefore, in Scotland, the legislation relating to landlord registration means that a rent penalty notice can be issued to non-registered landlords which requests that the tenant stops paying rent. This is a much more effective way of flushing out 'ghost' landlords and ensuring compliance.

                    Comment


                    • #11
                      Good idea. Hopefully, it will decrease the competition and I can raise my rents.
                      ASSUME NOTHING - QUESTION EVERYTHING!

                      Comment


                      • #12
                        Originally posted by Mars Mug View Post
                        Doesn't such a scheme already work in Scotland?

                        http://www.clacksweb.org.uk/housing/...dregistration/
                        Although the scheme is in place in Scotland, it is debatable whether it actually 'works'. The case that Beeber has referred to is one of the few exceptions.

                        The system from my experience is a disorganised mess. Even now, 3 years on from registering, my properties do not show through the public search facility, so if a prospective tenant took the time to check that the property was registered they may go elsewhere thinking I am one of the rogues who avoid the scheme.

                        I volunteer for the Citizen's Advice Bureau and a year ago I called to report a potentially unregistered landlord on behalf of a client only to be told the system wasn't yet in place (2 years after the deadline).

                        Don't get me wrong, I have no problem with complying - I just wish they would take time to make sure that the system they say is so important, is working okay.

                        Hopefully England and Wales will learn from Scotland's mistakes.

                        Comment


                        • #13
                          Furthermore, (apologies if this is already mentioned in another thread) letting agents are to be subjected to licensing:

                          http://news.bbc.co.uk/1/hi/business/8032825.stm

                          Again, a similar scheme is already in place in Scotland - "Landlord Accreditation Scotland". It is entirely voluntary and dependent on attending so many training events, and following a code of practice. It is open to private landlords and letting agents, although not both for the same property.

                          Comment


                          • #14
                            Wheras I have no objection to becoming a "licensed landlord" provided the fee charged is not another way of restoring the governments now seriously depleted coffers, I notice that nobody has mentioned the concept of the licensed tenant. I mean think about it! If a tenant does not hold a license, then he can't rent a property and he will loose his license if he receives a CCJ due to unpaid rent, his license muct be shown to his (licensed) landlord before his AST is signed and the landlord retains the details of this license so it can be withdrawn if there are legally proven grounds to do so.

                            I bet it'll never happen!

                            P.P.
                            Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                            Comment


                            • #15
                              Originally posted by P.Pilcher View Post
                              Wheras I have no objection to becoming a "licensed landlord" provided the fee charged is not another way of restoring the governments now seriously depleted coffers, I notice that nobody has mentioned the concept of the licensed tenant. I mean think about it! If a tenant does not hold a license, then he can't rent a property and he will loose his license if he receives a CCJ due to unpaid rent, his license muct be shown to his (licensed) landlord before his AST is signed and the landlord retains the details of this license so it can be withdrawn if there are legally proven grounds to do so.

                              I bet it'll never happen!

                              P.P.
                              Great idea, and having seen a number of articles on "professional tenants" I'd back this scheme. But I agree, it won't happen.

                              I have no problem with paying a small nominal fee to be licensed, though. Most LLs are scrupulous and honest, and this would presumably help differentiate us from the dishonest and, perhaps, naiive.

                              Comment

                              Latest Activity

                              Collapse

                              • Discussion - GDPR and implications on landlords
                                MrShed
                                I've just posted something on GDPR and then wondered whether it had been discussed on here before - a quick search implies its never been mentioned.

                                I thought I would raise a topic to discuss it and the implications on landlords.In effect this is a replacement of the Data Protection Act...
                                20-07-2017, 15:01 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                JK0
                                Happy days! We can trade with the EU after Brexit then!...
                                20-07-2017, 20:24 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                jpkeates
                                That's two questions.

                                First, no.
                                Second, no.

                                The EU trades with China on the basis that no personal data is migrated, same as the USA....
                                20-07-2017, 20:23 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                JK0
                                ...
                                20-07-2017, 20:17 PM
                              • Reply to Discussion - GDPR and implications on landlords
                                JK0
                                So the EU requires anyone it trades with at the moment to comply with all the laws the EU complies with? Erm, doesn't most stuff come from China nowadays?...
                                20-07-2017, 20:16 PM
                              • RGI and housing benefit
                                cdbe
                                Hi, new to the forum and relatively new to letting. My situation is:

                                Couple view house, like it etc, seem OK to me. She's full time employed, he's currently unemployed but looking to start his own business as a tattoo artist. Still ok-ish. They pay me £100 holding deposit and £100 referencing...
                                18-07-2017, 00:08 AM
                              • Reply to RGI and housing benefit
                                cdbe
                                Thanks. I've binned them off. The ref co said what she earns won't cover it. TBH I don't know why I tried. I've offered her the holding deposit in full plus whatever I get back from uklandlord referencing.co (I paid them £140 - 110 for one reference and 1 year RGI and 30 for second reference, so basically...
                                20-07-2017, 19:48 PM
                              • Resident Landlord tenancy
                                Rocky1001
                                Hi all, need some advice please.

                                I'm in the process of letting my flat out but am struggling to work out exactly what type of tenancy I should be using, from my research I believe it should be a form of Excluded resident landlord tenancy but I can't seem to find a suitable template as...
                                10-07-2017, 12:55 PM
                              • Reply to Resident Landlord tenancy
                                Rocky1001
                                Hi, thanks for that, so would it make a difference if I offer shared use of the main bathroom and not just limit the tenant to their en-suite in their self contained section?
                                Also can I ask recommendation regarding best way of handling council tax?

                                I assume their are existing templates...
                                20-07-2017, 17:40 PM
                              • Long Term Tenant - how to protect both LL and Tenant
                                Paul4321
                                Hi All,

                                I'm hoping for a little guidance. I'll almost certainly be following up with some professional advice but hopefully some folks here will have been in a similar situation and can offer some advice. I have done a quick search but not found anything obvious.

                                I already...
                                20-07-2017, 10:07 AM
                              Working...
                              X