Fit and Proper Landlords and Tenants – Consequences?

Fit and Proper Landlords and Tenants – Consequences?

11:44 AM, 17th September 2013, About 8 years ago 15

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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!

Fit and Proper Landlords and Tenants

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?

* Source:-

http://scotland.shelter.org.uk/get_advice/advice_topics/renting_rights/landlord_registration/the_fit_and_proper_person_test



Comments

by Jerry Jones

17:03 PM, 17th September 2013, About 8 years ago

TS1 is central Middlesbrough where there had been an antisocial behaviour problem, leading to Selective Licensing as a means of dealing with it. It has to a degree and has also dramatically changed the ethnic mix in the area.

Sure, I could sell up - for about 30 grand less than I owe the bank. These properties (in part of TS3) topped about about 75 grand in 2007 and now go for well under 50 grand, and hang about for ages on the market. Nobody sensible would want to buy something there, though, I fear. There are other bits of TS3 which I am told will let all day long to decent tenants and the houses aren't a lot dearer.

by Jay James

17:09 PM, 17th September 2013, About 8 years ago

Reply to the comment left by "Jerry Jones" at "17/09/2013 - 17:03":

ah, same old, put the non UKs into the housing that no one wants? is that what happened in that area?
shame, I really have almost nothing against international people.
--
--
sounds like the latter part of your comment shows a possible means for you to make more money.

by Scott Scott

4:09 AM, 18th September 2013, About 8 years ago

If the " landlord could actually be prosecuted for the behaviour of his tenants" then this surely covers Housing Associations as well as private landlords. If this is the case then the majority of councils will be in for a shock when they are prosecuting themselves for housing 'Shameless' style tenants.

by Pauline McDougall

6:46 AM, 24th September 2013, About 8 years ago

Reply to the comment left by "Jay Jay" at "17/09/2013 - 16:47":

Sadly this will affect selling as well as renting.

by Jay James

18:03 PM, 24th September 2013, About 8 years ago

the criteria at the top of the page seems to suggest that many property owners (perfectly good people with bad things in their past) cannot rent out their property.


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