Calls for a Rogue Tenant List

Landlord Action calls for a Rogue Tenant List.

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.

Precise Treatment Reduces Pain

Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.

Serving a notice is actually the most important part of the possession process.

It isn’t complicated but one tiny error can cause dreadful problems.

That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.

1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.

2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.

3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.

Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.

Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.

If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.

Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.

As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.

You can speed things up – give us accurate information quickly. Help us to help you.

There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!

If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.

We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.

If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.

Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.

If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.

If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.

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