Government Vendetta Against Landlords

We have recently been hit with a set of new proposals by this gofmint, which they allege is to bring private rented property up to standard and give tenants more rights. Of course, the social housing sector is exempt (as it always is when gofmint tinkers with housing regulations), thereby ignoring the myriad of problems that exist with housing standards in that sector. But I digress.

The Housing Minister, John Healey recently announced that the government will:

1. set up a new website on which tenants can post their views on their landlord and their accommodation
2. launch a new National Landlord Register to enable tenants to see how well prospective landlords maintain their properties and how quickly they fix any faults with them
3. make it a legal requirement for all tenancies to have written agreements, to ensure that tenants are clear about their rights from the outset
4. put in place tougher regulatory regime to drive out rogue letting agents

And then to cap it, the Treasury announced a consultation today on the role the private rented sector can play in increasing the supply of housing, as well as what measures the Government can take to remove any barriers to investing in rental properties.

Now where do I start??

It is obvious to anyone reading these pronouncements that this gofmint aint sure whether it wants to attract private landlords or wage war against them. It can’t do both simultaneously, and it really needs to rethink its strategies, and stop this vendetta.

Did anyone notice the lack of the word “responsibility” in the gofmints’ references to tenants. Its all “rights”, “rights” and more “rights”. Where, in the name of all that is good, is the “responsibility” side of it??  You give people rights without spelling out the responsibilities that go hand in hand with those rights? That’s why this society is in the sorry state it is in. Everyone is so focussed on rights, responsibilities just don’t come into the equation. You cannot have rights without responsibilities, both go together. My favourite way of expressing this is that “rights and responsibilities are like the two halves of a pair of scissors, you cannot have one without the other ^TM”.

The gofmint should be seeking ways of educating tenants on how to be good tenants, and not just seek to weigh down majority of good landlords with more regulations and the attendant costs. A lot of tenants don’t bother to read their tenancy agreements anyway, and just toss it to one side or loose it. When I take on tenants, I always explain the main points of the tenancy to them, that it is a legally binding contract, and they are expected to behave in a “tenant like” manner, be responsible in paying rent in full and on time, keep the house in good condition, report any maintenance items to me promptly, not cause nuisance to neighbours etc. In return the Landlord will leave them to “quiet enjoyment” of the property and maintain the fixtures/fittings that we are required to do. I encourage good communications, as that is essential.

But some tenants just can’t be bothered. Some just don’t understand the word “contract” or “legally binding”, and think they can break the agreement if and when it suits them without any consequence whatsoever. The advice given by some Housing officers at the Local Authority also leaves a lot to be desired, seemingly aiding and abetting such tenants. You give some a good standard house to live in, and they trash it anyway.

I welcome regulation, it will do the job it’s intended to do, and root out the rogue elements. But we in the industry live daily with the effects and consequences of the implementation of some of the badly thought out housing laws that have been spewed out in recent years. There are already enough laws in place, which if implemented properly, will achieve the goals that the gofmint is aiming for. Implementation is the key, not more laws. Hear me dear gofmint, IMPLEMENTATION, not more regulation. To implement existing laws, the Local Authorities need more staff and better training so they can do the job well. But what does the gofmint do, hit them with smaller budgets that mean more cuts in jobs and services. Then the gofmint gives more laws for those remaining to implement, and they can’t because they are understaffed and underfunded, and the cycle goes on ……

If this gofmint really wants to see an improvement in the standards in the private rented sector, then may I suggest that the government should:

1. set up a new website on which landlords can post their views on their tenants and identify those “tenants from hell”
2. launch a new National Tenant Register to enable landlords to see how well prospective tenants have behaved in previous tenancies or if they’ve left owing rent
3. make it a legal requirement for all tenants to attend courses as landlords are expected to do and become accredited or licensed, showing they understand their rights and responsibilities
4. put in place tougher regulatory regime to drive out rogue letting agents (amen to that)

The gofmint can encourage faster/better response to repairs and investment in property by removing VAT on repairs, and making grants available to Landlords for some essential repairs. For example, in my neck of the woods, replacing a gas boiler costs a minimum of £1200 if you are lucky and have a friendly Gas Safe plumber, £1700 on average, and £2,200 or more if you are desperate. Plus VAT. Most landlords just don’t have that kind of money sitting around, and when the need arises, have to find the funds somehow, otherwise the tenant and council officials go all gong-ho. For portfolio landlords, its even more dire if 2 or 3 go pop as they tend to do, all at once!! There are any numbers of ways to help private landlords, if this gofmint is willing to listen rather than regulate.

So, dear gofmint, stop the vendetta. It aint gonna help you get more stock into the private rented sector. Trust me.

Tenants' classic ruse of claiming disrepair

In light of the recent proposals by the gofmint to link payment of LHA to housing standards, the phone call that I've just had has caused me to wonder yet again if they've thought through, or even thought about it at all, the shenanigans that tenants get up to when it comes to making allegations of disrepair.

The caller was a nice chap from the Housing Standards dept of the Council wanting to talk about a one of my properties. It appears that the tenant, who has very famously spent her LHA on other things in the past, as a result of which the LHA is now being paid direct to me, and who is in the process of being removed via the S21 process, has decided to go down the "claiming disrepair" route. She has been a particularly devious and ungrateful tenant, who has no compunction about lying, or at least being economical with the truth. And she has a young son to bring up!! I feel for the young man, I really do.

Miss H, as I will refer to her, spent the LHA at the start of her tenancy last year, and then tried to say that the Council had paid it into the wrong account etc. etc. She even used the ruse of paying in a cheque into the nominated account, then reporting her cheque book stolen, resulting of course in the cancellation of the cheque, and a further reprieve whilst she attempts to find the money!! She couldn't produce her statement of account to enable us and the Council verify that she hadn't received the LHA, even when I offered to pay for any cost incurred in getting the bank to give her copies. After several weeks of toing and froing, she eventually admitted to receiving the LHA and spending it - something I already knew - but as she'd run out of room to run, she gave up. I'm a sucker for trying to keep a roof over the heads of young single mums, but I suppose it comes from being a parent of young kids myself. Anyway, we came to a payment arrangement which she broke after the second instalment. I told her the tenancy would not be renewed at the end of the fixed term, and she pleaded and pleaded and asked for another chance and all that stuff - and I fell for it again....  sucker!! Guess what, the second arrangement fell apart after only the first payment instalment. So, I decided enough was enough and I would apply for possession of property.

This is when the disrepair shenanigans began. First she goes to another Local Authority, which was where she had been prior to moving to my property, and claimed that we had not turned up to carry out some repair to a door, as we'd agreed to do. Imagine my surprise, getting a call from a housing officer from this LA, asking me about repairs to a property that is not in his jurisdiction!! Ms H was trying to get on the housing list there and rubbishing me, so I explained that Ms H was trying it on, enlightened him about the situation with rent arrears etc., and he thanked me and rang off. Never heard from him since.

Then today, I get the call from the housing officer from the LA for the property, wanting to arrange a meeting at the property due to the "concern that the tenant had expressed about some damp issues in the property".  It was not unexpected, and I had a good chat with the officer, and gave him the facts about the matter, which he was unaware of. Ms H had not given him those facts, and she seemed to be picking alleged disrepair items at will or to suit. Anything to try to deflect the authorities from her misdeeds and blame the landlord. She obviously knows the system and how to work it, but still can't get it round her head that she's no match for me and can't get around me like that. In the word's of the Dragons in the Den "she's out".

And just as we came to the end of the conversation having arranged a date and time to meet at the property, the officer mentioned that another T in same LA had reported disrepair. Now, with this one, I am really surprised - they even claimed they didn't have a CP12!! For goodness sake... They claimed that lock on front door isn't working properly, a socket is broken, the joint bar for the newly laid laminate is not done properly, middle bar of gas fire not working ... I didn't hit the roof, I just told the nice officer that as an accredited landlord, I'd know better than to put someone in a property without a valid CP12! and if the fire was not safe, my Gas Safe plumber would have capped it off. He then says to me that "you obviously know what you are talking about and know what is right", etc. etc. and we agreed on a way forward. Anyway, guess what, my dear tenants had recently missed a topup payment.... and looking for an excuse.

So, when will tenants learn that alleging non-existent disrepair will not remove their responsibility for paying rent? and if they don't pay rent, they limit the Landlord's ability to carry out their responsibility. If there is no rental income, what is the Landlord supposed to use for effecting maintenance and repairs - cowrie shells? monopoly money? And when will they learn that reporting bogus direpair is not guaranteed to enhance landlord-tenant relationship? Tenants like these almost make the word "compassion" a dirty word to even consider.

And all this even before the gofmint's proposed  Landlord Feedback Website is put in place. If tenants cry foul at whim now, what are they going to do when there is an official website in place, licensed by the gofmint, for the sole purpose of bashing landlords? When will the gofmint learn that tenants need educating on their responsibilities, and giving them rights without emphasising the responsbilities that come with those rights is tantamount to legalised abuse/theft, call it what you want.

Heaven help us all.