RLA : RPI : Damned either way

News from the Residential Property Investor, the bi-monthly magazine for RLA members

other artilces from the January / February 2003 issue

Damned either way - January / February 2003

The Government is consulting on an Approved code of practice for landlords who own HMOs.

There is no problem in having minimum standards set in any industry. However, in our peculiarly legislated industry, the landlord will be required to be responsible for the tenants' behaviour.

It is all but impossible to get possession against tenants except when and assured shorthold tenancy ends or the rent is significantly in arrears. All too often Judges are failing to grant mandatory possession and are deferring the decision. Getting a tenant evicted because he or she is a nuisance to others, is a fire hazard, or uses threatening and insulting behaviour is all but unheard of.

What makes matters worse is the way local authorities support tenants in dispute with their landlords. It is not unknown for authorities to use the powers of planning departments, building controls, environmental health and housing benefit to put unfair pressure on landlords in disputes with tenants. Add to this the free legal aid available and a myriad of tenant support groups willing to back tenants with expertise, and it is clear that landlords are engaged in one-sided battles.

Yet now, if they don't take action, they will find themselves foul of the law with all the worry and cost that this brings. The approved code will mean that landlords are dammed if they do and dammed if they don't.

For the code to have any effect, the Government will have to bring forward legislation that strengthens landlords' hands when dealing with nuisance tenants and to instruct tenants' agencies to support landlords when tenants are the problem.

Martin J Moylan

other artilces from the January / February 2003 issue

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