More protection for landlords and tenants alike?
DEBATE: We have a tenancy deposit scheme (GREAT) However I believe there should be a renters’ deposit scheme.
If a tenant has repairs and the landlord fails to amend these repairs, the tenant could pay the rent into a renters’ deposit scheme rather than withholding rent.
If the repairs are done in good time then the landlord can retrieve any rent owed.
However, if they fail to rectify the issues within an allotted time frame then the tenant can claim these costs.
This will prevent tenants who are withholding rent from falling behind once the issues have been resolved and also assure the landlord can receive the rent owed.
Any thoughts?
Stacey
Comments
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Member Since September 2018 - Comments: 3538 - Articles: 5
9:51 AM, 18th September 2024, About 2 years ago
no. rent is contractually required as part of the AST agreement. End of.
If Tenants have issues with a LL not carrying out repair works that has been proven that they are legally obligated to do, then there is already a process already in place the tenant can follow as necessary if they believe this is not been carried out in a timely manner.
Debate over.
Member Since November 2022 - Comments: 65 - Articles: 1
11:55 AM, 18th September 2024, About 2 years ago
Why would the tenant be able to claim costs? How would that get the repair made more quickly?
Tenancy deposit is there to return the property to the same state it was rented in (and after deductions for wear and tear it often wont cover these costs).
The only possible way your idea would work was if rent was paid to a scheme, funds to cover mortgage/insurance/gas-electric checks/bills was released back to LL (otherwise property would be repossessed or suffer further dilapidation/illegalities) and any remaining profit would be used for the outstanding repair once enough had accumulated. Much too complicated and time-consuming to adminster.
Member Since March 2023 - Comments: 51
3:01 PM, 19th September 2024, About 2 years ago
You must remember a Private tenancy is a contract between the tenant and the landlord. If the landlord breaks the conditions of contract they may lose their rights to rights to evict the tenant and the tenant may have rights to generous compensation. . But if a tenant withholds rent (even if thy pay it into some sort of scheme) they are in breach of contract . They no longer have rights to permanently stay in the property. They have voluntarily ended the contract which is they have right of occupancy in return for paying rent.
The law allows them some protections in that the Landlord has to go through some lengthy legal procedures to evict them so they won’t lose their home immediately But the landlord can still take separate legal action to reclaim any unpaid rent or legal costs after eviction if a non paying tenant does not leave voluntarily.
So i you have a grievance always pay your rent and make sure the landlord receives it – if you don’t all the legal protections for tenants no longer apply as you voluntarily ended your half of the agreement.