Protected tenancy – Landlords responsibilities

by Readers Question

20:17 PM, 9th July 2013
About 7 years ago

Protected tenancy – Landlords responsibilities

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Protected tenancy – Landlords responsibilities

I have relatives who have a protected tenancy, living in an oldish house in a rural area. Now in their 70’s they are finding it impossible to heat the house adequately in the winters. The heating system is antiquated and in need of updating. They have already provided improved loft insulation, paid for cavity wall insulation & secondary glazing. The old wooden windows are rotten and have had several repairs over the years.

They have approached the Landlord’s Managing Agent (the property is owned by an Estate) who is very reluctant to do anything to bring the property up to today’s standards. There has been talk of perhaps installing a new wood-burning fired/fuelled system – mains gas is not available – but with the tenants paying for the installation of chimney-liners and other items.

I have read articles outlining the Protected Tenants rights and the protections afforded under that status. However, what rights do tenants have when it comes to major items being replaced when these items come to the end of their working life , and what obligations do Landlords have to maintain them or replace them ?

Thank you in advance for your comments.

Mike TProtected tenancy - Landlords responsibilities



Comments

Mark Alexander

8:07 AM, 12th July 2013
About 7 years ago

Reply to the comment left by "Paul Barrett" at "12/07/2013 - 07:58":

I'm no expert on this Paul but I'm sure I've read somewhere this can't happen as there is a point in time where landlords can't refuse Green Deal upgrades.

andrew townshend

9:53 AM, 12th July 2013
About 7 years ago

Reply to the comment left by "sam " at "12/07/2013 - 01:21":

surly if you had purchased a property with a regulated tenancy the purchase price paid would reflect this fact, therefore mortgage should low, its all about percentage return.

Mike Thorogood

10:02 AM, 12th July 2013
About 7 years ago

Thanks for all your comments. A number of points to consider like the EPC, Green Deal etc. Will post any progress. Mike

Mark Alexander

10:07 AM, 12th July 2013
About 7 years ago

Reply to the comment left by "andrew townshend" at "12/07/2013 - 09:53":

I'm not sure it's even possible to get a mortgage on a property with a protected rampancy is it?

10:07 AM, 12th July 2013
About 7 years ago

Reply to the comment left by "Mark Alexander" at "12/07/2013 - 08:07":

I appeciate your take on this; but the LL refuses what are they going to do.
Anyway if the tenant and LL fails a credit check the GD won't work.
LL who have any sense will make sure they have voluntary charges in favour of third parties on their available projected equity plus more for say the next 15 years.
If it was me I would just refuse; they can't do a thing.
Councils can't even be bothered to enforce existing legislation let alone some silly GD stuff.
If the LL refuses and can't pass the GD credit check; which many won't where is the money going to come from.
Do you really think in this particular case with regulated tenancies that councils will somehow force LL who can't resource the GD to E standard to comply.
Can't see how!
Money doesn't grow on trees.
The only way to force LL to comply will be to enforce non-letting the property until the E standard is achieved.
Which will suit LL with regulated tenants very well!!
I think a there will be alot of very nervous regualted tenants come 2018 when they will be booted out because the LL will no longer be allowed to rent the property out until it complies with the E Standard.

sam

4:19 AM, 13th July 2013
About 7 years ago

Reply to the comment left by "andrew townshend" at "12/07/2013 - 09:53":

My point exactly. See my response to Paul Barrett.

The property is cheap because it is blighted by Regulated Tenancy - which speaks for itself re Regulated Tenancy. And now our friend wants help to force the LL to cough up for more expenditure ? Where is the justice in this ? I, for one, think this is just milking the benefits mentality society through a very unfair and unreasonable legislation.

Question for Mark :

Does refusal to spend money on a Regulated property make the LL a bad LL ?

Mark Alexander

5:54 AM, 13th July 2013
About 7 years ago

Reply to the comment left by "sam " at "13/07/2013 - 04:19":

As I know such a small amount about regulated tenancies I am also learning from this thread. Therefore, I am unable to answer your question fully. In my opinion though, a good landlord respects the law and goes above and beyond to provide real value for money for customers (tenants).

andrew townshend

8:51 AM, 13th July 2013
About 7 years ago

i have been a bit disappointed to read some of these comments from fellow landlords, i have been a landlord for over 20 yrs, with presently 13 properties, i like to think i am a good landlord by & large, of course i am in it to make a profit, & do. however we have a responsibility to our tenants (customers).

Mike T

12:28 PM, 13th July 2013
About 7 years ago

Reply to the comment left by "andrew townshend" at "13/07/2013 - 08:51":
Thank you for your comment Andrew, I must admit that I had been feeling the same as some comments have been made based solely on assumptions rather than fact. I sought information from members based on facts or at very least members experiences. However, to tar every 'protected' (or not) tenant with the same brush is not helpful to anyone.
I would urge others to re-read my original post.
I would point out that although I am not yet a formal member of '118' I have already made a contribution. Also, I am a Landlord of over ten years standing with just four properties with very happy tenants as our rents are reasonable and we maintain the properties responsibly.

Reader

12:45 PM, 13th July 2013
About 7 years ago

Lets wind the clock forward a few years hence and see who will have the responsibility to ensure compliance within a landlord licensing system. Those of us who have experience of working within a licensing system will tell you that it will be the landlord. LL will have to prove compliance with all their statutory responsibilities otherwise their licence renewal will be rejected.
Can you imagine the consequences to you if you fail to comply.

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