Sod landlord protection wheres the protection for tenants!

real1314

embob74 wrote: »

Of course there are good LL's who get shafted by bad tenants but most LL problems on this board seem to be the result of a LL who has not done things properly from the start of a tenancy.

A contract does specify what has been legally agreed but there are terms which can be considered unfair and therefore not applicable and there are statutory terms which do not have to be detailed in a contract for them to be legally valid.

Equally, many tenant problems arise when a tenant has not done things properly - e.g they sign a 6 month tenancy and complain that the LL want them out after 6 months, even though the LL said it was a long term let.
This is no different from tenants who sign a 6 monther and tell the LL they are going to be long term tenants, but leave after 6 months.
It's clearly got a balance. The only real imbalances are:
1. When it becomes periodic and it's 2 months notice from LL but only 1 from tenant
2. Tenant can effectively force an over-stay and LL has to go to court, whereas LL cannot "force" an understay or even force the notice into immediate effect.

On the other hand there is some imbalance in the tenant being able to force repairs, which requires a careful path and may well result in eviction.

jamie11

Charshy wrote: »

Except then I will have to deal with the hassle of court, harrassment, attempts to steal my deposit etc. They have the power. I do not have the power to make their lives hell like they will make mine.

.

Jeez..........I'm outta here.

Naf

tbs624 wrote: »

Where would you like us all to start? Does it? Have you heard of the Sword of Damocles? s21 served on the T early on in the initial Fixed Term ( after deposit reg and provision of prescribed info) - "just routine innit?" .

And there it hangs, over the hapless T's head, throughout that follow-on Stat Periodic. LL can proceed directly to "Go", ie Court, when he chooses as T has already had his/her 2 months worth of notice that LL may be seeking repossession of the property at some point after expiry of that Fixed Term. No equivalent set up for T.


Many would disagree with your assertion Naf, and that is amongst both LLs and Ts.

The overall system is unfair and I agreed with this point. But it is absolutely equal on both sides with respect to security. Minimum terms and notice periods give exactly the same benefits and pitfalls to both LLs and Ts. Yes they can affect the parties differently, and LA take great advantage of people in both circumstances. But that is where it is unfair - it is still equal.

grifferz

Barring people who behave really oddly and illogically, both landlord and tenant can be guilty of that, the worst problems seem to be around dishonest letting agents in my opinion.

If one were looking to justify any change of the law I would focus on regulating letting agents.