Don’t regulate landlords any more, urges Residential Landlords Association (RLA).

by Property118.com News Team

14:39 PM, 27th October 2010
About 10 years ago

Don’t regulate landlords any more, urges Residential Landlords Association (RLA).

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Don’t regulate landlords any more, urges Residential Landlords Association (RLA).

A landlord group has responded to the government’s challenge to identify changes to the law that would make running a business easier.

The Residential Landlords Association (RLA) has responded with suggestions that they say would revitalise the private rental sector.

Top of the list is carrying on with self-regulation rather than resurrecting the old government’s proposal to introduce a licensing and registration scheme in England and Wales.

The other points raised by landlords are:

  • Powers of entry for council officers – rules that let councils tell occupiers but not landlords when rented properties are entered by officers should be amended to give owners the same rights as occupiers.
  • Streamlining tenant deposit information – the RLA claims much of the data landlords supply is duplication.
  • Cutting tenant deposit penalties – the current ‘three times’ the value penalty should have some room for lesser penalties for minor rule breaches.
  • Changing possession procedures – changing rules to let licensed bailiffs carry out evictions without a court order under existing rules is cheaper and still gives occupiers with assured shorthold tenancies protection.
  • For tenants without an assured shorthold tenancy agreement, court process could also be changed to allow uncontested hearings or those where the landlord has a right to the property to go ahead without hearings.
  • Evicting squatters – all residential landlords should have the option to throw out squatters by employing licensed bailiffs rather than having to resort to court orders.
  • Fire safety – bring all residential property under one set of housing, health and safety rules, including house in multiple occupation (HMO).
  • Administration charges – action to sort out the unintended consequence of leasehold rules on short lets that duplicates other consumer laws.
  • “The government has shown a willingness to cut legislation that has crippled our business sector over the last few years,” said RLA chairman Alan Ward.

    “We believe that more effective answers can be found in local accreditation schemes to encourage a new generation of professional landlords who are better trained, better informed and better able to regulate our business themselves without the excessive burden of increasing legislation.

    “Like many other businesses a huge raft of legislation has built up surrounding the private rented sector. Landlords are generally a small business, often part time, and they can easily be tripped up and penalised by complex regulations that do little or nothing to protect tenants.

    “The RLA believes that, if its proposals are adopted, the weight of burdensome and unnecessary regulation on landlords would be significantly reduced.”


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Comments

Peter Sumpton

12:10 PM, 15th July 2013
About 7 years ago

In all innocence I have to admit to being naive as a landlord in some instances, here are a coulpe I would like advice on if you would be so kind. Having not take a bond for damages to property but a deposit of one months rent in lieu of being unable to let at the end of one tenancy due to the agreement being breached on several fronts. How do i stand as I did not protect a deposit in the usual manner for damage repairs. This was stated on the agreement when it was signed by all. On reflection after the tenanat left and in view of the mess the house was left in, can i recover more than £450 months rent deposit towards the £872 cost of repairs to make the house rentable again? The second point I would like clarity on is the agreement at the time was for £470 a month, i was actually paid £450 so have been £20 per month since June 2009 down on rent paid in teh agreement (schoolboy error in missing this i know but at the time I was suffering with depression from 2008 for around 18 months) so was all over the place when dealing with this tenant. Could I and should I attempt to recover the £960 or thereabouts unpaid and if so how would I be able to do this?

Regards,
Pete.

2:40 AM, 16th July 2013
About 7 years ago

Pete ; Mate don't do a single thing; you have got away with things!!
However your tenant has 6 years to take legal action against you for 3 times the deposit plus the original deposit amount.
Rent in advance is JUST that.
It cannot be used for a deposit in ANY shape or form!!
ALL you did was take 1 months rent in advance; you did NOT take any deposit; even though you foolishly stated so on the AST.
NEVER do that again
Rent is rent; deposit is deposit, they are 2 different things.
NEVER confuse the 2 again.
Thank heaven these tenants are now gone; pray they don't sign up for an ambulance chaser solicitor prepared to legally do you in!!
I'm NOT the expert on deposits; but if you want to know the correct info and how to manage things properly read the posts by M Latham on this and the propertytribes and LRS websites..
A deposit if it is intended to be used for any damages etc is a deposit, it is not rent in advance, I think they say if it walks like a deposit and quacks like a deposit.............it is a deposit.PI to ALL interested parties of the deposit
You MUST issue a DPC and PI within 30 days of receipt of that deposit since April 2012 and 15 days if before that date.
Pray your former tenants are not savvy............do NOT mention a single thing about the situation that occurred...............................count yourself lucky that you might get away with an almighty foul up on your part!!
DON'T even attempt to recover the rent shortfalls.
Put this one down to experience...............you mad a bad mistake and look to have got away with it.
A timely lesson for other LL who delude themselves that advance rent may be used for damages!!!
Deposits may ONLY be used for deposit issues which INCLUDES rent arrears.
ANY deposit MUST be protected and DPC and PI issued.............NO if's , but's or maybe's.


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