Landlord Action calls for a Rogue Tenant List

by Property118.com News Team

16:41 PM, 4th January 2016
About 5 years ago

Landlord Action calls for a Rogue Tenant List

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Landlord Action calls for a Rogue Tenant List
Paul Shamplina

Paul Shamplina

The Housing and Planning Bill is currently making its way through Parliament following a Government consultation on ‘Tackling rogue landlords and improving the private rental sector’. They are proposing a blacklist of persistent rogue landlords and letting agents. In response, Paul Shamplina, Founder of Landlord Action, is calling for a blacklist of persistent rogue tenants to be made public.

Some of the consultation’s key discussion points in tackling the worst offenders within the private rental sector include, introducing banning orders and civil penalties of up for £5,000 for rogue landlords, speeding up repossessions of abandoned properties and producing a rogue landlord/letting agent blacklist. It is currently suggested the blacklist of rogue landlords and agents would be available to local authorities and central Government, enabling them to keep track of those who had committed offences.

Paul Shamplina, who was part of this consultation, is calling for the Government to show greater equality and more openness. He argues that if there is going to be a list of rogue landlords and letting agents then it should also include agents that have multiple money judgements against them by landlords for non-payment of rent. Mr Shamplina believes that all associations and redress schemes within the PRS should also put their banned members on this list. He thinks that the list should include rogue tenants and, most importantly, all the information should be made public.

He explains “We are constantly hearing about ‘rogue landlords and agents’. But to address issues in the private rental sector, we should also consider ‘rogue tenants’. Last year there were 161,000 possession claims issued in England and Wales. At present, there is no central database where possession orders with money claims are registered, as the courts do not recognise possession claims with arrears as a County Court Judgement. If they did, this information would show up on tenant referencing. At present, a rogue tenant can move from property to property running up rent arrears and it does not show up on referencing unless the landlord goes to additional expense of trying to enforce the money order. If we are to protect landlords at pre-let stage, in the same way we wish to protect tenants, this should also be made available.”

Mr Shamplina continues “The Government is clearly committed to improving standards in the PRS. One of the greatest challenges is finding a balance between supporting good landlords and agents, whilst cracking down on criminal activity without burdening the sector with unnecessary, expensive regulation. I believe that one of the best ways to do this is by giving the consumer (landlords and tenants) access to information. Allowing them to have freedom of choice about who they rent from.”

92% of respondents to the Government survey are agreement that there should be a blacklist of persistent rogue landlords and letting agents. Mr Shamplina says making the information available to the wider public would support those reputable landlords and agents and act as an effective deterrent.

Contact Landlord Action

Specialists in tenant eviction and debt collection. Regulated by The Law Society.

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Comments

Mick Roberts

18:27 PM, 5th January 2016
About 5 years ago

Too right, give us an easily accessible database to check tenants out.
As us on the ground know, there's a lot of bad tenants out there, just move from house to house wrecking the last one & ripping the Landlord off.

Chris Evans

22:09 PM, 5th January 2016
About 5 years ago

Under recent government legislation in Wales, landlords are required to obtain accreditation in order to legally manage AST agreements and will also require a licence for each individually property managed by November 2016

I personally agree with a Rouge Tenant List as it an excellent idea, the sooner this legislation is passed the better in my view, landlords are currently vetted in Wales, therefore why not the tenants.?

If the Rouge Tenant List legislation is passed by the government, it will protect the Landlords against Rouge Tenants, I also suggest a clause is added to the bill which both the rogue tenants and persons who supplied references be penalised accordingly

Paul Shamplina great posts you have my full support.!

Gary Dully

2:25 AM, 6th January 2016
About 5 years ago

Quite frankly, the new corporates won't put up up with rogue tenants for long and I envisage masses of Rogue Tenants trying to get residency with guess who?, yes, the poor long suffering. BTL landlords.

The remaining landlords such as ourselves, should we survive 'Clause24', and we will have to put up with more lies, cheaters, fraudsters and criminal tenants than we do already.

We need that database and a new type of court order for obtaining absconding tenants details from HMRC for the thriving numbers of CCJ defaulters and non payers.

What's the point of a CCJ, when they are totally ignored and people with them can still borrow money?

It's a big sick joke!

Chris Byways

5:32 AM, 6th January 2016
About 5 years ago

As part of the RtR checks
https://easyproperty.com/your-guide-to-right-to-rent-immigration-checks/?utm_source=crm&utm_medium=email&utm_campaign=932395_Content%20Driven%20Jan%201%20Lettings

it might be prudent to ask for written details of the prospective tenants past 5 years accomodation and contact details of LL - where applicable?

These RtR checks need to be done NOW for ASTs starting next month.

Paul Routledge

9:11 AM, 6th January 2016
About 5 years ago

The truth is that the real weakness in the PRS is of our own making, I talk to 100’s of landlords and the same story emerges, we are all just too busy keeping up with life and making a living that we forget the real principles of what we are trying to do which is to get the rent in and create a better investment base and pension for our future.

New badly written legislation, biased tenant laws and unprecedented stealth tax grabs on us, means we are all battling every day to run our property companies and keep up. We are all the Government’s whipping boy and that will not change because we are an easy, fragmented target that they think they can exploit to cure their housing and national income problem and as important kicking us secures the the votes of 9 million tenants. Whichever way you look at it, it sure seems their mandate is to keep tenants in our properties no matter how bad they are and take the last penny in tax from us for doing so.

That is why best referencing is more than ever the only foundation to a successful property portfolio and when I started up landlordreferencing.co.uk 7 years ago I offered every landlord and letting agent the opportunity to unite to stop taking one another’s bad tenants. You would have thought that was the easiest thing in the world to do but “NO” because of the ubiquitous mentality that it will never happen to me, or my agent does it all (you hope) or, I have never had a bad tenant, but then, when we do, it is then all just all a bit too late. Letting property is a game of Russian roulette and you may fire 5 shots and get lucky for years but then one day you have just drawn the bullet into the chamber and bad referencing means you have just pulled the trigger and the consequences of that one shot can cost you everything you worked for. Stop! And think why have we forgotten the fundamental principle of, prevention is better than cure?

Anyway, now seven years later and growing at over 100 new members a week (80% of which are recommendations) landlord Referencing Services (LRS) and now tenantreferencinguk.com is getting there as 1000’s of new tenants histories are being created stopping our members taking any of the 300 evictions carried out by landlords every week in this Country.

If we want to stop tenants ripping us off and then simply moving on, if landlords need a system that (like our credit files whereby our lenders share our borrowing data) then the real news is you already have it.

Tenant referencingUK.com gets its tenant history data from landlordreferencing.co.uk it will show you all the data on a prospective tenant’s history that has been provided by the previous landlord or agent and not from the tenant themselves. Bad tenants cannot hide their past and therefore if they rip off one of us, then they are ripping off all of us which will result in them being refused a home with any of us. That is a very powerful message and this is why data sharing is so powerful because, like the way our national lenders and credit files unite and share data on our loans, mortgages and credit cards, Landlords have to unite together to do our referencing and then we create tenant histories. Referencing together gives us better referencing and better referencing gives us better tenants and a more solid foundation to our investments.

It is very simple if you do not want someone else’s problem tenant, then unite with your peers and register your good and bad tenants on the system. If you take a new reference with Tenant Referencing UK.com then you automatically create that tenant a tenant history file and if we all do that then the realisation is that you need never take someone else’s bad tenant ever.

How easy is it? Unbelievably so, (if we want it to happen) and here is how. All you need to do is tell 3 people about tenant referencingUK.com because if every landlord was a member and registered their tenants both good, bad, existing and previous then 1.7 million landlords would be talking to one another and sharing their tenant data within a month. HOW?

Day 1: 3 landlords tell 3 landlords to join give us 9
Day 2: 9 Landlords tell 3 landlords to join gives us 18
Day 3: 18 Landlords tell 3 landlords to join gives us 54
Day 4: 54 Landlords tell 3 landlords to join gives us 162
Day 5: 162 Landlords tell 3 landlords to join gives us 486
Day 6: 486 Landlords tell 3 landlords to join gives us 1458
Day 7: 486 Landlords tell 3 landlords to join gives us 4374
Day 8: 4374 Landlords tell 3 landlords to join gives us 13,122
Day 9: 13,122 Landlords tell 3 landlords to join gives us 39,366
Day 10: 39,366 Landlords tell 3 landlords to join gives us 118,098
Day11: 118,098 Landlords tell 3 landlords to join gives us 354,294
Day 12: 354.294 Landlords tell 3 landlords to join gives us 1,062,882
Day 13: 1,062,882 Landlords tell 3 landlords to join gives us 3,188,646

OOPS! there are only 1.7 million private sector landlords which proves in less than 14 days, no one needs ever take another bad tenant ever again, your tenancies are all recorded and your good tenants (like their credit file) will get a better tenant history. A win, win all around except of course for those tenants who think that not paying the rent and/or smashing up our property does not matter because they are unaccountable and protected by the law. They may be protected by the law but we will all be protected by one another sharing our tenancy data.

Now, I know this is not a precise science and before someone has a go and says that they are not all going to join like the above analysis, I know that but I just wanted you to get a feel how easy over a very short period of time it is to stop taking someone else’s bad tenants. As Landlord Referencing has grown in to a full referencing portal Tenant referencing UK you can get the entire full service reference and even rent guarantee insurance at a cost less than any other referencing company. Our entire product list means you do not just get the UK’s only tenant history support and Right to Rent check, but the best packages for landlords to do the entire letting themselves.

We already have registered 25,000+ members and have databases with over 400,000+ tenants that will protect landlords and letting agents. We can all read and write these types of articles all day but the truth is, if the system already exists and 100’s of new members join us every week, why is the word not being passed as passing on the word means we are all contributing to making ourselves safer in the future. After all, if we did then every tenant in the Country would have a tenant history within a few months.

I agree that in the early days, the system was difficult and lacked products but now it is the fastest and easiest UI (user interface) in the market and offers everything to landlords from referencing and insurance right through to property management and most of the services are free. The consequences of joining are simply that you will just add to a system and create your tenant histories that will protect you better in the future.

My only message is this, Landlords do not suffer bad tenant referencing anymore, share your data, stop multiple applications and all the problems associated with them and don’t take someone else’s bad tenants, you really don’t need to.

Please Join us today and more importantly please tell 3+ others to join us too.

Thank you Neil & Mark @118 for letting me post this to your readers to bring awareness of tenant referencing UK and how landlords really do have a way of stopping us taking one another’s problem tenants.

Chris Byways

11:53 AM, 6th January 2016
About 5 years ago

This gets quite interesting. Do we NOW have to register with the ICO?

Another £35 every year, per LL not per property.

I have just rung the ICO, and YES ALL PRS LLs do! If so that will cause them a headache, they have 400,000 organisations registered, but if there are 4m landlords they will have to gear up a bit.
(Not to mention another quango gets to make £140m)

On an earlier thread was written:-
Note that all landlords should have a Data Protection Licence as they hold data on tenants. I suspect most landlords don’t have one though!
http://www.property118.com/why-dont-agents-use-bad-tenant-databases/63036/comment-page-2/#comments

Mark said no, then it ended up being a grey area. Iirc

This does need to be established for all of us.

https://ico.org.uk/for-organisations/guide-to-data-protection/data-protection-principles/

They have an online test, for 5 exclusions, we might well avoid registration as we can claim to be not for profit! LoL

Or under 4 if it is a paper only system, BUT THAT EXCLUDES GIVING ANY LRS REFERENCE ELECTRONICALLY(?)

Or under 5 if we have to store info due to statute.(?)

After 1/2/16 we have to KEEP more personal info by law.

ICO :-

Self-assessment

1. Are you a not-for-profit organisation that qualifies for an exemption?
No
2. Does your business or organisation only process information for judicial functions?
No
3. Are you processing personal information?
Yes
4. Do you process the information electronically?
Yes
5. Is your organisation responsible for deciding how the information is processed?
No
You are under no requirement to register

Paul Routledge

12:22 PM, 6th January 2016
About 5 years ago

Reply to the comment left by "Chris Byways" at "06/01/2016 - 11:53":

Chris,

Landlords do not need to be registered with the ICO if they are capturing and storing the data for their own use for the purpose of referencing to create a tenancy agreement between them and their tenant.

The taking of a tenant’s details that they agree to give you which are to be used solely for the purposes of referencing for a contact of tenure between those two parties comes under the legitimate interest clause. If the data is then passed onto a third party who has no contractual interest in the tenant, the tenancy and/or the contract of tenure it is those who need to register the holding of third party data with the ICO. We of course are ICO registered.

We have been taking information for 7 years and trust me checked by every tom dick and harry in the industry and the way we take and store our data is perfectly legal and legitimate.

Chris Byways

12:59 PM, 6th January 2016
About 5 years ago

In this case, it is a shame the ICO give out wrong info on their advice line (today).

DALE ROBERTS

12:06 PM, 9th January 2016
About 5 years ago

As one of the "snivelling parasites" the reprehensible, if not totally unqualified to comment, Councillor Devine so freely disparages - I would like to inform him that I am in full support of total transparency regarding rogue landlords, rogue agencies AND rogue tenants.
Populist rhetoric from the woefully ignorant, and once again I refer to Councillor Devine, in enforcing any kind of discrimination that hinders the clean-up of an industry that urgently requires it should be emphatically resisted.

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