Property Mole Rotating Header Image

Legal System

What about landlord rights?

The Supreme Court have ruled that evicting a woman from her council home for failing to pay her rent would breach her human rights. Judges felt that eviction was not a “proportionate” response.

It well and truly astounds me. Especially when the tenant owes £3,500 in rent arrears and is apparently in receipt of the equivalent of £15,000 in annual benefits.

The obvious question: what about the human rights of the landlord? We have seen many cases where landlords are facing repossession of their rental property due to tenants not paying their rent. Surely we have rights too, or did the honchos at the European Court of Human Rights forget that?

This ruling will open up the floodgates. I suspect that we will see a lot of tenants refusing to pay their rent, and then hiding behind human rights laws.

Many landlords that we speak with are unimpressed with this sort of tenant empowerment – especially when they are the ones who are losing out financially. Many will be demanding answers from stakeholders in Strasbourg and here in the UK – rightly so.

Put this judgement against the background of austerity. Taking on cases like this is not cheap. I am pretty certain that it is the taxpayer that has footed the bill for Hounslow Council to make this defence.

Whilst we can agree that it is fundamentally right to do so in this case, it wasn’t necessary – not for cases like this where it is plain and simple common sense tells us this lady should be evicted.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • Live
  • NewsVine
  • Propeller
  • Reddit
  • Slashdot
  • Yahoo! Buzz
  • blogmarks
  • FriendFeed
  • LinkedIn
  • MSN Reporter
  • MyShare
  • MySpace
  • Netvibes
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter
  • Add to favorites
  • Blogosphere
  • Google Buzz

Ex-insider to speak at LHA event

Bill Irvine. Founder of HBAdvice.co.uk

An ex-government advisor and one of the UK’s foremost Local Housing Allowance experts has agreed to speak at our next event.

With over 30 years experience, Mr Bill Irvine has an unrivalled depth of knowledge. It’s why UK’s top housing organisations ask him to train their staff on LHA issues.

His background tells you why he knows the system inside-out:
• Former Advisor to the Housing Benefit Standing Committee
• Head of Benefits, Revenues and Advice at one of the UK’s largest councils
• Former Welfare Rights Advocate
• Previously responsible for 40,000 council tenancies
• Managed over £100m of Housing Benefit administration

Mr Irvine will be speaking about the impact of new LHA proposals, coming into effect in April. He will be sharing insider techniques that have already helped hundreds.

The next Local Housing Allowance workshop is on the 25th March 2011 in London.

Places are limited. Details here >>

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • Live
  • NewsVine
  • Propeller
  • Reddit
  • Slashdot
  • Yahoo! Buzz
  • blogmarks
  • FriendFeed
  • LinkedIn
  • MSN Reporter
  • MyShare
  • MySpace
  • Netvibes
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter
  • Add to favorites
  • Blogosphere
  • Google Buzz

A Housing Minister true to his word?

It looks like The Housing Minister, Grant Shapps, is acting on our petition. Well, he said he would and, just like all politicians, it looks like he’s true to his word.

He’s talking about giving landlords more power to evict problem tenants if they are guilty of anti-social behaviour. He wants it to become a mandatory ground for possession. Only, he seems to be saying that these powers will just be for Social Landlords.

If that’s so, we only ask one question: where are these anti-social, social tenants going to live after being evicted? Yes, there’s only one place it can be. The private rented sector.

We already see more and more anti-social tenants migrating to the private rented sector. We advise landlords to avoid being caught out by using good tenant referencing – ­ a message that Landlord Action has been hammering home for years.

We believe that Mr Shapps could just be shifting the problem, instead of solving it. Our private landlords think so too. If this new legislation is to happen, private landlords want the same powers as Social Landlords to remove these problem tenants.

And how does Mr Shapps think he’s going to prove anti-social behaviour? At the moment, landlords seeking possession based on anti-social behaviour (e.g. nuisance, disturbance) from their tenant must rely on evidence from neighbours. But many neighbours are afraid to give evidence for fear of reprisals.

Anti-social tenants aren’t just a problem for neighbours and social landlords; they are a problem for the whole community. Our take is simple:

ALL landlords (not just Social Landlords) need more powers to evict anti-social tenants. We are pleased that the Government is finally looking at practical solutions. If Mr Shapps can take the full picture into account, he could be on the right path.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • Live
  • NewsVine
  • Propeller
  • Reddit
  • Slashdot
  • Yahoo! Buzz
  • blogmarks
  • FriendFeed
  • LinkedIn
  • MSN Reporter
  • MyShare
  • MySpace
  • Netvibes
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter
  • Add to favorites
  • Blogosphere
  • Google Buzz

Mediation: In theory, great. Can it practically work?

In his latest blog, the Minister for Civil Justice (Mr Jonathan Djanogly) suggests that mediation as a method to ensure a fairer, faster and less costly system.

Any regime that could make dispute resolution fairer, faster and more efficient has got to be good. We’ve been helping desperate landlords since 1999. In our experience, if any system is going to work, it should take into account:

1. Efficiency
Currently, it is faster for landlords to pursue legal action against a tenant, as oppose to pursuing mediation. When a tenant is in rent arrears, mediation isn’t as attractive as removing your non-paying tenant.

2. Enforcement
Mediation is pointless unless the agreements made are binding and can be enforced. For a landlord, there would be nothing worse than mediating with a problem tenant only for the tenant to break the agreement.

This would require the landlord to start the legal process from the beginning, which will cost time (and possibly more lost rent). If mediation efforts fail, there should be a faster way of engaging the courts and pursuing legal action.

3. Fairness
There is a justified perception within the PRS that the landlord/tenant legal system is currently weighted in favour of the tenant. If any system is biased against one party, mediation is unlikely to be fair or successful.

Regular readers will know that in November’10, we presented a petition to Downing Street that was backed by 5,000 landlords calling for a fairer, faster and more efficient legal system for the PRS. It is encouraging to see that the Government are taking steps towards providing practical solutions.

Share and Enjoy:
  • Digg
  • del.icio.us
  • Facebook
  • Google Bookmarks
  • Live
  • NewsVine
  • Propeller
  • Reddit
  • Slashdot
  • Yahoo! Buzz
  • blogmarks
  • FriendFeed
  • LinkedIn
  • MSN Reporter
  • MyShare
  • MySpace
  • Netvibes
  • RSS
  • StumbleUpon
  • Technorati
  • Twitter
  • Add to favorites
  • Blogosphere
  • Google Buzz

Switch to our mobile site