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should landlords be licenced?

I am currently being evicted again,   I was evicted last year due to landlord not coping financially,  my husband died during that process and we moved out 5 months after he died,  I have been in my new house six months and he wants his house back as he can't cope with mortgage payments.

I have 2 children both with autism , both in counselling because of the traumatic and sudden way their father died and both in last years of education, one uni,  one Gcse.  plus I'm still grieving.

Timing is awful and I paid a year up front .   there is no protection for me from financially inept landlords ,  I have to prove my worth but they don't.    

to say I'm a bit P@#sed of is an understatement
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Comments

  • jonnydeppiwish!
    jonnydeppiwish! Posts: 1,488 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Name Dropper
    I feel for you!
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • anselld
    anselld Posts: 8,718 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    That is very poor, but how would licensing help?   There is no test in any of the licensing schemes for "ability to pay mortgage".
    What may have been beneficial is the proposed removal of s21 eviction but even that depends on what is finally agreed.  
  • RAS
    RAS Posts: 36,491 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You do realise that an S21 is only a request that you leave on a specified date?

    It has no legal power. All the LL can do if they want you to leave is apply to the courts for a possession order. If they have made any mistakes with any of the documentation, then you wait until you get court papers, point it out and wait another few months.

    Far from ideal I appreciate but it does give you time to look around for something you want rather than panicking.

    Read the sticky at the top of the page and maybe hunt out the list of 80 odd requirements for a legal S21?
    If you've have not made a mistake, you've made nothing
  • tacpot12
    tacpot12 Posts: 9,521 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    I'm sorry for your loss and for the situation you find yourself in. I don't think Licensing is the answer but I agree that something needs to change. The main issue we have is that when an individual acts as a landlord, ultimately they need to sell the property. That might not happen for 10 or 20 years, or until they die, but it WILL happen. If you could only rent from a business with shareholders whose sole aim was provide rented accomodation (or a council or housing association), it is much less likely that tenants would be evicted because the property needed to be sold. This what needs to change. We have to stop small landlords from renting out properties, or at the very least stop them renting out properties that they have a mortgage or loan on.

    We also have to stop every sort of organisation disposing of properties they hold just because it is too expensive to make them energy efficient, otherwise that is going to be the next source of mass evicitions.  
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • squizz11
    squizz11 Posts: 189 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    anselld said:
    That is very poor, but how would licensing help?   There is no test in any of the licensing schemes for "ability to pay mortgage".
    What may have been beneficial is the proposed removal of s21 eviction but even that depends on what is finally agreed.  
    it's more that he was financially viable for a few years rather than 6 months.    this is my second no fault Eviction,   the last move was so exhausting.    
  • squizz11
    squizz11 Posts: 189 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    tacpot12 said:
    I'm sorry for your loss and for the situation you find yourself in. I don't think Licensing is the answer but I agree that something needs to change. The main issue we have is that when an individual acts as a landlord, ultimately they need to sell the property. That might not happen for 10 or 20 years, or until they die, but it WILL happen. If you could only rent from a business with shareholders whose sole aim was provide rented accomodation (or a council or housing association), it is much less likely that tenants would be evicted because the property needed to be sold. This what needs to change. We have to stop small landlords from renting out properties, or at the very least stop them renting out properties that they have a mortgage or loan on.

    We also have to stop every sort of organisation disposing of properties they hold just because it is too expensive to make them energy efficient, otherwise that is going to be the next source of mass evicitions.  
    we had all the correct info 6 months ago so I know it will be fine and I know I have more than two months.    I have alot of stuff as I' do alot of art at home plus I have a dog and a lizard with a huge tank.    it's exhausting just thinking about it
  • Ratkin007
    Ratkin007 Posts: 167 Forumite
    Seventh Anniversary 100 Posts Name Dropper
    sorry for your loss
    It wouldn't make a difference to your situation as even if licensed they could still give notice.
    In terms of licensing, check the council website to see if there is a Selective licensing scheme in place and if your property is in the area. If your prooerty is in a selective licensing area and your LL does not have a licence the notice will be invalid. You could also go for a rent repayment order if there is no licence when there should be.
  • squizz11
    squizz11 Posts: 189 Forumite
    Ninth Anniversary 100 Posts Name Dropper Combo Breaker
    3card said:
    As a landlord i really feel for you 

    I am just in the process of evicting a tenant via a S8 and she currently owes us over £5k so i feel maybe that problem tenants should be licenced in some way so landlords can check up on tenants to see if they are listed as good or bad
    it wouldn't bother me if I was licenced  I pay rent on time,  I keep the property clean and tidy and I don't bother my landlord and am a great neighbour.    it should work both ways though
  • canaldumidi
    canaldumidi Posts: 3,511 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 8 June 2022 at 8:26PM
    squizz11 said:
    I am currently being evicted again,   ...... I have been in my new house six months and he wants his house back
    ......and I paid a year up front .
    So do you have a fixed term tenancy of 12 months?
    What are the start and end dates?
    Is there a Break Clause? What does it say (exactly)?
    (Is this England....?)
    Assuming you've received a S21 Notice what are the dates of service and expiry?
    The issue here is not licencing (though there's an argument for that) but security of tenure.
    Way back in the past (1970s?) tenants had protection from eviction. Maggie Thatcher removed that in order to encourage landlords to enter the rental market, and open it up to 'market forces'.
    The current proposed removal of the S21 process, which may or may not be passed by Parliament, and the precise conditions of which we don't yet know, may return us closer to the old secure tenancy position.
    Licencing is a different matter.

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