Stronger Rights For Tenants, Please vote

peter999

Gold_Shogun wrote: »

{A} ... If you can be bothered to do the research, you will find that the number of cases of Bad Tenants is FAR MORE than the number of cases of Bad Landlords ... NO "dream world", just simple facts & reality.

{B} ... Yes they would ... And they regularly give me their vote of confidence by repeatedly renewing their tenancies every year

1) Bad landlords/ Bad Tenants judged on what ??

How are Landlords judged ??

Do tenants give references on Landlords ??
Few tenants pursue Landlords regarding problems.

You judge your tenants on payment of rent/problems they cause.
Tenants do not like to criticise Landlords as you can simply evict them, so you probably rarely hear what Tenants think of you, their Landlord.

2) You would say that.

Whether your tenants think you're a good Landlord, cannot be judged on whether they renew their tenancy.

Of course being Lord of the Manor, you presume on this simple issue.

peter999

PROFESSIONAL_LANDLORD

jyonda wrote: »

In Germany the law respects the tenants right to security of tenancy because it is their home. This is far more important than letting every Tom, !!!!!! and Harriet invest in a BTL for their retirement instead of having alternative stable pension investment options.
The people with money/property are taking advantage of the people without simply because they can and there's no legislation/taxation to stop it.

Yeah quite happy to go along with German law !

My apoligies for the amount of text here .

Deposits (Kaution)Most landlords ask for a deposit ( Kaution) which is refunded when you move out, along with interest earned. However, if damage has occurred to the accommodation the landlord is allowed to withhold the sum required to repair it from the deposit.

The deposit can legally go up to three months basic rent ( Kaltmiete) plus 16% VAT. However, many landlords only require a deposit equivalent to 1 or 2 months of rent. The landlord must ensure that you receive the current rate of interest for the whole rental period. The deposit should therefore not be paid to the landlord directly but into a joint savings book with interest. In this way, you can prevent the landlord from keeping the money without your agreement and you will earn the interest. Your bank will give you detailed information.

Rent & Communal chargesRent ( Miete), is the amount paid to the landlord every month. This is the Kaltmiete (cold rent) plus the extra costs such as garbage disposal, street and house cleaning costs, heating and water costs. All of these costs together are called Warmmiete (warm rent).

Additional costs depend on the apartment and its location and are individually detailed in the contract. Additional costs such as heating, gas, water and electricity costs are usually dependent on personal usage and are paid monthly at a predetermined fixed rate. Meters are read yearly and you are refunded by or pay extra depending on what you have used.

Other additional costs (such as garbage disposal, street and house cleaning) depend on the size of the apartment. In some cases, especially in old apartments, this can also apply to some of the individual costs stated above. For example, if a house doesn't have individual measurement of heating for each apartment, then the total cost is split between the apartments according to their relative size.

Most landlords expect rent to be paid by automatic bank transfer or standing order; this is usually specified in the contract. Some landlords require you to have insurance to cover them in the event of damage to their own property or liability for adjoining properties. These policies cover personal effects ( Hausratsversicherung) and personal liability ( Haftpflichtversicherung).

Rules & regulations (Hausordnung)A lease will also contain general rules which apply to you as a resident tenant. In larger apartment blocks with numerous tenants, these rules are often summarized in a separate Hausordnung (house rules). Among other things, they normally stipulate that between 22:00-07:00 and 13:00-15:00 excessive noise is prohibited. In some cases, they also regulate who is responsible for cleaning joint-facilities like staircases, entrance areas, and basement on particular days.

Take into account these rules form part of your contract; breaking them can give your landlord the legal right to kick you out of the apartment. This can come as a bit of a shock to foreigners coming from less "regulated" countries, but do not be surprised if your housewarming party causes complaints from your new (and very angry) neighbours. Depending on how relaxed your fellow tenant are, this can go to extremes, one Frenchman told us how he was astonished to receive a letter from his landlord threatening eviction because two different neighbours had complained that they has seen him disposing of his rubbish without carrying out the correct separation for recycling!

House care taker: In houses with a number of tenants, there is often a Hausmeister (caretaker) and Hausverwaltung (manager). The caretaker and manager are responsible for keeping everything running and organising repairs.

Winter Service and Street Sweeping: If there is no caretaker then residents are legally obliged to remove snow and ice from in front of their house during winter. This is generally stated in the rent contract. If tenants are responsible for removing snow and ice then they are liable for all injuries incurred if they fail to meet their obligations. In some regions the streets also have to be swept once a week.

House Pets: Whether or not pets may be kept in an apartment must be discussed with the landlord and should form part of your rent agreement. If a tenant wants to have a pet in the flat where they already live then the rent contract or the landlord should be consulted to see if this is allowed. House pets are dogs, cats, birds, hamsters, etc.

Notice periodThere are certain periods of notice valid for rental agreements. This period applies if either you or the landlord wish to terminate the rental agreement. However, the landlord cannot cancel the rent contract without a reason.

The legal period of notice on open-ended rent contracts is three months. The longer you live in a property, the longer the notice period. Any different conditions must be stipulated in the lease or separately in writing. In some cases, landlords will want you to sign a contract which only runs for a predetermined number of years. We've heard of cases where the landlord drew up a 5 year contract and tried to force a tenant wanting to terminate his contract to keep the apartment for the whole rest of the agreed period! It is recommend to never sign such a rental agreement, but if you do get into a situation like this, you should immediately contact your local tenant's association. In many cases, such contracts are not permitted and are therefore not legally binding.

Redecoration (Rennovierungsarbeiten)Your contract should state who is doing what type of redecoration and when. Redecoration includes such things as the painting of walls and the replacement of carpets. Many landlords don't want to redecorate before a new tenant moves in and therefore require the tenant to do so, in this case there are two options:

(a) You redecorate the apartment when you move in. In this case, the apartment has been given over without redecoration ( unrenoviert). You're therefore not obliged to redecorate when you move out, and it is up to you to decide whether or not you want to do so when you move in.

(b) You redecorate the apartment when you move out. In this case, the apartment must be handed over redecorated (i.e. with freshly painted walls etc.), giving you the advantage of not having to do so when you move in. In this case, your contract will require you to redecorate when you move out (or risk losing your deposit).

Since it is far more fun to redecorate an apartment you're going to live in than one that you just want to get out of, many people prefer to rent an apartment without redecoration. This also gives you the advantage of being able to redecorate the apartment the way you like it.

Defects and liabilityBefore moving into rented accommodation, make an appointment with the landlord to inspect it for any defects (scratches, stains, wear and tear, damage etc.). Write everything down, even if damage appears very slight. Otherwise you may find you will be charged for the repairs or your deposit will not be repaid to you in full when you move out. The list of defects and damage must be signed by the landlord and kept by you.

When you move out the same kind of appointment should be made with the landlord or manager to verify defects and damage. If the accommodation is in a noticeably worse condition than at the start of the tenancy the landlord may retain the deposit paid by the tenant in part or in full. Otherwise, you should prepare a written document of the transfer stating that the apartment has been transferred without defects or damage and that the deposit should be repaid in full.

It is advisable to have a German friend/colleague with you during the transfer who knows the procedure and can make sure there are no linguistic misunderstandings.

House keysAnother important part of your lease is the listing of keys you've been given. Make sure you receive all keys stated in the document. If you lose any keys to your home, you will be held liable for having the locks changed, and if you loose a key to a common area, you will probably have to pay for new keys for your neighbours as well! Be careful, normally you cannot just make copies of keys in a shop, as many modern keys are numbered and you need a permission from the landlord to make a copy.

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Gold_Shogun

peter999 wrote: »

1) Blah, bigotry, blah ...
2) You would say that. ---> So according to you, ANY Landlord is damned no matter what they say, Menheer Bigot !

Of course being Lord of the Manor, you presume on this simple issue.
peter999

Well ... Thank you kindly for publicly demonstrating so clearly once & for all what a small-minded, envious, & bigoted individual you really are.

I do hope you enjoy the remainder of your apparently sad & bitter life with that giant chip on your shoulder, whilst I carry on working hard to actually improve the future for my family & I.

Baaaaaaaaaaaaaaaaaaaaaaaa !!!
Bobbejaan

jyonda

Why the assumption that anyone renting doesn't work hard and anyone with property does?

Sounds a bit bigoted to me.

And overly personal.

It's sad to turn to abuse when you can no longer argue the point. It's even sadder that anyone thanked you for your post.

peter999

Gold_Shogun wrote: »

Well ... Thank you kindly for publicly demonstrating so clearly once & for all what a small-minded, envious, & bigoted individual you really are.

I do hope you enjoy the remainder of your apparently sad & bitter life with that giant chip on your shoulder, whilst I carry on working hard to actually improve the future for my family & I.

Baaaaaaaaaaaaaaaaaaaaaaaa !!!
Bobbejaan

I'm not the one turning nasty !! :rolleyes:

I think you're the self-centred, bigotted landlord.

Do you really think your tenants tell you what they think of you as a Landlord ??
They want somewhere to live & you are Lord of the Manor !!

peter999

pickles110564

peter999 wrote: »

I'm not the one turning nasty !! :rolleyes:

I think you're the self-centred, bigotted landlord.

Do you really think your tenants tell you what they think of you as a Landlord ??
They want somewhere to live & you are Lord of the Manor !!

peter999

The green eyed monster is raising it's head once more. Our tenant's have rights the can hand in their notice any time they want but why would they leave comfortable accomodation on our Manor Estates.
Why not put your energy in creating your own wealth instead of being bitter and twisted and knocking us hard working successful Lord's of the Manor

prudryden

This is why there is no competition at the top.

dotchas

Guy_Montag wrote: »

If all landlords were like you then there wouldn't be a problem. Regrettably a substantial minority are stupid, incompetent or just plain nasty & it's these that we must legislate for. We must protect the vulnerable against the nasty.
Most of my landlords have been pleasant enough (though a bit sticky with the deposits), one (actually a letting agency acting as a landlord) was a combination of all three listed above.

If you feel that tenants have enough rights perhaps you should, with a trade body, set up a landlords' code of conduct which goes beyond the regulatory minimum in an effort to cut off what appears to be a growing movement (spawned by those educated, young citizens who are unable to afford to buy houses) to increase tenants' rights.

Rents limited to RPI(X) & abolition of section 21 eviction notices - just call me Red Montag

I hope you wpuld apply that statement to tenants as well as Landlords.
While I agree there are rogue landlords there are also plenty rogue tenants who cost their landlords a lot of money,and who assume they have a right to do as they please.
I have a fantastic tenant at the moment but have had a couple in the past who did not abide by the rules and left the flat in a mess at the end of their tenancy.One even told me she didn't clean the flat before she left as I had told I was coming round to get the flat ready for the new tenants! :mad: :mad:

peter999

pickles110564 wrote: »

The green eyed monster is raising it's head once more. Our tenant's have rights the can hand in their notice any time they want but why would they leave comfortable accomodation on our Manor Estates.
Why not put your energy in creating your own wealth instead of being bitter and twisted and knocking us hard working successful Lord's of the Manor

It's nothing to do with envy or money.
If you are a good landlord & respect tenants rights, that's great.

Many Landlords just want easy money & don't maintain their properties.
No doubt those Landlords think they're fantastic as well & would presume their tenants might agree.

Hard work is going to work in a factory, going to work down the mine, going to work in an office, doing 40 hours a week, maybe at low pay.

It's not counting your money, checking your finances, spreadsheets, accounts & property prices.

peter999

prudryden

Work smart, not hard.