Rogue landlords too easily flouting tenancy deposit laws, says campaigning group
Rogue landlords are still flouting deposit laws, forcing tenants to take enforcement action into their own hands as weak policing of the system become more evident, it has been claimed.
In a recent incident, one group of tenants from Sheffield took their protest to their landlord’s house to force him to repay £800 after he failed to use an authorised deposit scheme.
The three tenants said they’d thoroughly cleaned the house before the end of their tenancy, but the landlord refused to return it and accused them of “trashing the house”.
But the housemates said the claims were mostly related to problems which were there when they moved in, or down to ordinary wear-and-tear.
They later found out that the previous tenants had also experienced difficulties in getting their deposits back.
After joining the ACORN tenants’ union, group members gathered outside the landlord’s house and successfully demanded their deposits back.
A spokesman for ACORN says: “We let the landlord know that we would not be intimidated…he caved in and massively reduced the amount they were claiming from the deposit, down to about £30 per tenant. Deposit theft is all too common, but no one should have to accept it.”
However, all this can be avoided if landlords use an approved deposit protection scheme, as mediation on the claimed costs would go through a redress organisation such as Property Redress Scheme (PRS).
Sean Hooker, PRS head of redress, says there is still a job to do to educate tenants and that if a deposit wasn’t protected then the advice should have been for them to take legal action.
He says: “The tenants would have been able to get their deposit back plus one to three times the amount back. There are loads of landlords flouting the law – this is because the enforcement is effectively down to the tenants.”
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Tenant jailed after attacking landlord over eviction notice
An abusive tenant has been jailed for 14 months for attacking his landlord with a knife sharpener after he was given notice to quit.
Michael Bennett, 52, of Freeman Street, Grimsby (pictured), admitted assaulting the landlord, causing actual bodily harm and leaving him permanently scarred.
Grimsby Crown Court heard that he was angry about being asked to leave after not paying his rent, so first phoned the landlord to hurl abuse, and later threatened to kill him.
Bennett objected to being accused of damaging a window at the property, but the landlord was convinced that he was responsible for the damage and blamed him for it.
Relations between the two men deteriorated, but Bennett denied causing the damage and they later got into an argument.
Further threats
When the landlord turned around to walk away, fearing that he was about to be attacked, Bennett hit him with a knife sharpener then kicked him in the ribs and back. Bennett even called the landlord in hospital where he was being treated and made further threats.
Judge Mark Bury told Bennett: “There was plainly an issue, your relationship was non-existent. There was some damage to his property. He blamed you for it. You denied it. You and he got into an argument.”
Bennett, who had been previously convicted of assault, was jailed for 14 months but because he had been in custody for about six months, was not expected to be kept behind bars for much longer.
Read more about tenants from hell.
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Government pumps £105m into helping homeless move into privately rented sector
Housing secretary Robert Jenrick is to offer an additional £105 million to help homeless people move into private rental market homes as well as other accommodation types.
The money, which is available until March 2021, is part of his department’s existing efforts to offer a wide range of accommodation providers financial help via local authorities to give 15,000 rough sleepers more permanent homes that are ‘good value for money’ and ‘safe’.
During the Covid lockdown homeless people were offered accommodation in hostels and hotels but the Ministry of Housing, Communities and Local Government is now seeking to give them a leg up into more secure but interim accommodation by supporting new tenancies within the private sector.
Landlords who take on tenants funded by the scheme will receive deposits and rent paid directly to them by local authorities and will be offered mediation services and cash incentives as sweeteners to be part of the scheme.
Called the Next Steps Accommodation Programme, it is part of the government’s wider rough sleeping initiative coordinated by Dame Louise Casey.
“We now have a landmark opportunity to break the cycle of rough sleeping and ensure that people do not return to a life on the streets,” says Jenrick.
“Today I am launching the funding to ensure that vulnerable people and rough sleepers continue to have a roof over their heads and are helped into longer term accommodation, enabling them to start to rebuild their lives.”
The Next Steps Accommodation Programme is part of a two-pronged approach to offer homeless people both interim accommodation and also more longer-term properties.
Read the Next Steps Accommodation Programme in full.
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Precise – Limited Company BTL 75% LTV 5 year fixed at 3.54%
For a limited period and to take advantage of the Stamp Duty holiday for properties under £500,00, Precise Mortgages has launched a new 5 year fixed rate Buy to Let mortgage for Limited Companies at 3.54% to a maximum of 75% Loan to Value.
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Help please and tenant’s surname spelt wrong?
Hi, So basically my tenant’s AST runs out Aug 17th and I have served the 3 months notice during the lockdown, but the agent I used has spelt one of the tenant’s surname wrong looking at this? (Sidepoint),
I have told my tenant late Jan this year before the lockdown that I want the property back as I am moving in with my family.
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Don’t miss out! Industry group asks for your comments on new mandatory agent Code of Conduct
Landlords have a once-in-lifetime opportunity to help shape the future of the private rental sector following the launch of a consultation today on the looming Code of Practice for agents.
This code will soon govern how agents encourage and respect diversity; treat consumers fairly; undertake training and development, deal with conflicts of interests, handle complaints and protect both client money and data.
It also sets standards for transparency of communication and reporting property safety issues.
The steering group running the government-backed initiative has published the first draft of the code, which sets out the behaviours that landlords should expect of their letting agents when the code goes live.
Agents will soon have to apply for a ‘licence to operate’ which could be revoked if they are found to have ignored the code.
This will immediately chase the rogue letting agent element of the sector out of the industry and require the rest to adhere to higher levels of customer service and probity.
The Code will apply to agents across the UK and is the result of Lord Best’s Regulation of Property Agents (RoPA) report published last year.
The steering group’s chair, Baroness Hayter, says: “The new code of practice will look to set standards at a higher level than currently legally set. The ambition of the code is that it will become a requirement for obtaining a licence to practice in the future, which will increase trust across the sector.
“Input from consumers, stakeholders, interest groups and the industry is paramount to ensuring that the Code of Practice is balanced, fit for purpose and meets the requirements of a future Regulator.”
Watch this space for details of how to input into the consultation.
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