Evict a rogue Landlord - Shelter...

Ankatden

theartfullodger wrote: »

Thanks tbs...

Revised Q then...

So that's the couple from me Ankatden: OK now dear boy/girl?? When did DH last go on a Landlord training course please??

Cheers!

Artful

In last 3 months.

Why ?

tbs624

Ankatden wrote: »

Oh its a business BUT provide me examples of other businesses where customers refusing payment for a service can continue to enjoy that service with full legal support and a constraint on the business acting against non paying customer.

Just a couple of examples will do...

Let's look at the flipside of the LL&T relationship and also consider the T who is stuck with a ..ahem..rogue LL, who is failing to repair or provide a gas safety cert etc.

The T is still legally obliged to pay rent in full (except where following the principles of the Izzet case ) T can apply to the private sector housing team/EHO for assessment of the property, Council cannot enforce repairs until LL given further chances to rectify, T still paying rent whilst enduring shoddy and unhealthy living conditions.

To not do so would mean that the T is at risk of eviction and being deemed to have made him/herself voluntarily homeless......

theartfullodger

Whilst recognizing that most landlords are responsible, herewith Wednesdays' Rogue Landlord case from the archives...

Tagro v Cafane, 1991, Court of Appeal (who dismissed Rogue Landlord's appeal against £31k fine...)

An offer of a key to a room that had been wrecked did not amount to reinstatement

The tenant occupied one of four bed-sitting rooms in a property leased to the landlord by the council and from which he ran a secondhand furniture business from the ground floor. The landlord seriously harassed the tenant and then changed the locks to her flat. The tenant obtained an injunction to be readmitted but when she was finally given a key to her room she found that the lock was broken and her room wrecked. She did not move back in. She amended her claim to include a claim for damages under ss27/28. A surveyor gave evidence on her behalf that the difference between the value of the landlord’s interest with vacant possession and the value with her in occupation was £31,000. The landlord did not submit valuation evidence. HHJ Simpson QC awarded s28 damages of £31,000 against the landlord and damages of £15,538 against the landlord and his agent for trespass to the tenant’s personal belongings. The landlord appealed against the award of statutory damages.

CoA dismissed landlord's appeal.. re. the damages, remember this is 1991...

For more detail, beautifully written IMHO..
http://books.google.co.uk/books?id=5ocP518YvQoC&pg=PA129&dq=tagro+v+cafane&hl=en&ei=5QeRTKPPPNGOOJb8wPUM&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCsQ6AEwAA#v=onepage&q=tagro v cafane&f=false

- in which I found the wonderful word, "Tortious"

Cheers!


Artful

Brb

Now personally I would have thought that any decent LL would welcome such discussion on rogue LLs and hopefully find a way forward to removing them from the market. I bet you if zero tolerance was enforced that it wouldn't take long for the rogue LLs to toe the line after seeing bad LLs going to prison for their actions.

It's the same for tenants too. Bad LHA tenants have made it harder for responsible LHA tenants. All too often I read about these bad tenants not being taken to court and getting CCJs against them because LLs realise that it will be difficult to get the judgement enforced. I would like to see zero tolerance towards these tenants too as it would show on their records and the next LL would see this and know to avoid.

In a perfect world eh ... ?

lynzpower

Ankatden wrote: »

Gas and Electricity companies have right to enter premises and change meter to a Pay as you go meter and recover debt on that basis.

Yes, but only with courts consent- so no different really, is it? http://www.yourrights.org.uk/yourrights/privacy/power-of-officials-to-enter-your-home/gas-and-electricity-boards.html

theartfullodger

Ankatden wrote: »

In last 3 months.

Why ?

I have a pet theory, perhaps disproved by your reply, that those who moan & complain about things are often ignorant of the rules/law/regulations/best-practice/ways of doing things right.

Out of interest (I like to keep up to speed on Landlord matters also) what was the course [I might wish to benefit from DH's trailblazing..] & did DH pass, please??

Cheers!

Artful

Brb

Ankatden wrote: »

Gas and Electricity companies have right to enter premises and change meter to a Pay as you go meter and recover debt on that basis.

Yes after many months (don't believe water can be done on pre-payment meter ?) just like a LL can go to court to get a bad tenant out. You are not stuck with a tenant forever, the water board are.

tbs624

Brb wrote: »

All too often I read about these bad tenants not being taken to court and getting CCJs against them because LLs realise that it will be difficult to get the judgement enforced.

Many LLs will still go for a CCJ on a matter of principle (precisely because that CCJ will affect the Ts future financial dealings) and *some* of those that don't are those LLs who realise that their own shortcomings are likely to be trawled over

Gorgeous_George

I hope the shelter website avoids legal action from disgruntled landlords wrongly accused. Malicious comments could well be libellous.

GG

tbs624

Gorgeous_George wrote: »

I hope the shelter website avoids legal action from disgruntled landlords wrongly accused. Malicious comments could well be libellous.

GG

I think Shelter will be aware of that possibility, hence why, for example, under the "tell us your story" part the Ts & Cs state

"If we use your story, we may change it to make sure that you cannot be identified from it, but it will always reflect your actual situation. We will never use your real name, or names of other people, organisations or places."