Fit and Proper Landlords and Tenants – Consequences?Make Text Bigger
I have heard the words “Fit and Proper” mentioned a lot of late in terms of regulation of landlords and letting agents.
It would appear that society would like fit and proper landlords only to rent their properties to fit and proper tenants.
* When deciding whether or not a landlord is a fit and proper person to let out property the authorities in Scotland perform the following checks to ensure there is no ……
- Information showing that the landlord has committed fraud, or violent or drug related offences.
- Evidence of discrimination in any business activity.
- Information showing that they have broken any other laws in relation to housing.
- Information showing that they are a bad landlord, or that they have been a bad landlord in the past.
- Antisocial behaviour problems in any properties the landlord rents out or is responsible for.
- If the landlord has an agreement with a letting agent (or anyone else who’s acting on their behalf in letting the property), that the terms of that agreement are adequate.
- Anything else which is relevant.
Now as any NIMBY will tell you, nobody wants a landlord to let a property to a bad tenant in their area. Therefore, the government also want landlords to be responsible for ensuring their tenants are entitled to live and work in the UK and also to be accountable for any anti social behaviour of their tenants. In fact, it was anti social behaviour which spurned the Scottish Government to make landlord registration compulsory. In other words, a landlord could actually be prosecuted for the behaviour of his tenants. Therefore, landlords also need to ensure their tenants are fit and proper law abiding citizens and will not be a nuisance to their neighbours or society in general.
Wonderful you might think!
But let me ask you a question; what about the people who are not “fit and proper”?
Where will tenants who are not fit and proper live?
The days of shipping undesirables off to the Colonies or taking them to the nearest place of execution where they shall be hung by the neck until they are dead, dead dead are long gone!
So what’s the answer?
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