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justaboutsane
13-07-2005, 12:41 PM
I received notification of a Rent arrears Protocol Consultation and felt I shoud share it with you!

The link is

http://www.civiljusticecouncil.gov.uk/911.htm

I have take a quick look and I think it be very paper driven!

Oh well!

Tootsie Roll
13-07-2005, 13:39 PM
EEK !!

Whilst it does say that it is primarily aimed at social landlords (councils etc) it does also say that they 'anticipate' that private sector landlords will follow suit as well. I work for a debt collection agency and there is nothing in there that is very different to what we have to do for consumer debt, I wouldnt be too happy to do it as a private landlord though - I really don't see why we should have to negotiate payments, send statements and wait for the housing benefit people to sort themselves out. That is fine for the council who have departments to manage this process but not the rest of us, particularly when it may be a primary source of income.

There is an e-mail address at the bottom for Jaswanti Kara asking for responses, I would suggest everyone tell her exactly what you think and sharpish before it gets sneaked through.

steve42
13-07-2005, 21:11 PM
EEK indeed,

I e-mailed my comments on the protocol straight away.

My concerns are that any such protocol may be able to be used by rent dodgers as just another way of postponing court hearings, running up ever increasing debt in the process.

justaboutsane
13-07-2005, 21:58 PM
I have had chance to read this fully now, most of it we do anyway, we send regular statements to tenants and we write to them if they get into arrears and propose a way forward, we also ask HB tenants who move in to pay £10 per week until their claim is assessed when we reduce or increase it where necessary. As you say it will drag out proceedings and create greater arrears. Its just another way for dodgy tenants to rip off decent landlords.

It will increase Admin for many people too, as I said we have alot of those procedures in place already but for those who don't it will be a bind. Ah well I better prepare our response!

Paul_f
14-07-2005, 22:19 PM
I've been asked to report on this on behalf of the National Association of Estate Agents. There are lots of other bodies that have been asked for their opinion and the consultation period ends on 15 September.

My intitial concerns are that social landlords are there to provide just that, social housing, whereas private landlords are in business to make a profit.

Bear in mind that the current "New Labour" government are very "touchy-feely" driven and political correctness overrides the fact that it might make some private landlords think twice about letting to HB claimants - it would me! They don't think about or appreciate the extra costs to private landlords of "negotiating" with a tenant in arrears of rent, and fixing a schedule for arrears to be paid off, providing statements to the tenant etc!

I don't want to cast aspersions on disadvantaged tenants but a good deal of these tenants couldn't understand a statement if it smacked them in the chops! Who is likely to suffer the most - not the sodding tenant! And then you still have to go to court but only as a last resort after having jumped through all the hoops they intend to put in your way! Puleeeeeeezzze!

This government launches one initiative after another about as often as I go to the "dunny" and they're about as relevant as to what I leave there too!

bornlivelife
17-07-2005, 07:44 AM
Personally I think the law should be changed so that you can evict a non paying tenant quicker, 1 months notice followed by accelerated court procedings which on judgement authorise the bailiffs at the same time.

It is a minimum 7 month process presently which is ridiculous , and is the government making private landlords house problem tenants, which should be the governments job and cost. Its a disgrace / unfair/ fascist law (trying to make suitable emphasis !!)

RichieP
18-07-2005, 09:11 AM
If you have a tenant who is not paying the rent, use a Section 8 notice, not Section 21. You only need to give two weeks notice.