Generation Rent figures suggesting that hordes of tenants could have protection from a no-fault eviction because they don’t remember getting key documents are disrespectful to the industry, says the boss of a tenancy deposit scheme.

The housing campaign group’s poll of 1,000 private renters found that 23% remember receiving a Government How to Rent guide at the start of their tenancy, while 36% of renters think they received an Energy Performance Certificate, 44% remember receiving a gas safety certificate, and 47% recall getting information about where their deposit is protected.

mydeposits CEO Eddie Hooker says many landlords and agents include the prescribed information within the tenancy agreement or appended to the agreement, suggesting that these statistics could also be interpreted as tenants failing to read and understand the documents.   

A negligible number of end-of-tenancy disputes involve any aspect relating to the failure of landlords providing the right information, Hooker tells LandlordZONE.

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He adds: “I am disappointed, especially after all the hard work landlords and tenants have worked through over the past year, that the sweeping statement from Generation Rent suggests that landlords are only interested in having ill-informed tenants. 

“Language like this is disrespectful to the sector that works tirelessly to provide the much-needed housing for many individuals and families across the country and encourages conflict between the parties when in most cases it is not required.” 

Generation Rent says failure to provide all of these documents makes a no-fault Section 21 eviction notice invalid, while tenants can apply to the county court for compensation worth up to three times the deposit’s value if it isn’t protected in an approved scheme.

Director Alicia Kennedy (pictured) says: “This can be valuable knowledge now that eviction notice periods have been reduced and landlords throughout England are taking advantage.” 

23 COMMENTS

  1. The likes of Generation rent and Shelter create an environment in which more and more landlords are looking to exit the sector then try to find some reason for tenants to remain in properties for any reason possible. This just delays the inevitable and in reality harms the tenant for far longer than the landlord . The reality is that landlords are being forced to conduct ever more detailed checks on prospective tenants. If during this check a landlord discovers that the tenant failed to leave when asked via section 21 then set about to find any means to stay , I’d suggest their chance of getting a new property will be very low

  2. “Director Alicia Kennedy (pictured) says: “This can be valuable knowledge now that eviction notice periods have been reduced and landlords throughout England are taking advantage.” ”

    I really don’t understand this statement. How is a landlord issuing a Section 21 taking advantage. I think Ms Kennedy is suggesting that the ‘valuable knowledge’ can be used by a tenant to take advantage of a landlord to make eviction via S21 more lengthy.

    I agree with Gtim – any tenant who has been given a S21 and has done whatever they can to delay it will not get a tenancy from me. I will be asking them on their application form if they’ve ever been issued a S21 or a S8 and this must be confirmed either way by previous landlords.

    • A S21 does NOT mean a tenant failed to comply with ALL tenancy conditions.

      No other notice other than a S21 would be used by a sane LL to ensure a tenant vacated.

      If the tenant refuses to vacate at the expiration of a S21 well that is a completely different matter.

      S21 is the default NTQ.

      It is pointless issuing any other NTQ notice.

      S21 is the only one worth issuing.

      The question to be asked of tenants is to whether they complied with a S21 notice.

      S8 issuance raises questions as to why this occurred.

      Compliance with S21 is not an issue.
      It is the only NTQ worth issuing

  3. Generation Rent says failure to provide all of these documents makes a no-fault Section 21 eviction notice invalid, while tenants can apply to the county court for compensation worth up to three times the deposit’s value if it isn’t protected in an approved scheme.
    That’s always been the case, on the ball landlords get the tenants to sign that they have received them.
    It’s turned into a cat and mouse game and decent tenants and those playing the system will suffer equally.

  4. Tenants ‘don’t remember receiving them’ is not the same as ‘LL did not issue them’!

    Tenants have responsibilities as well as rights and it is the breaking of these responsibilities that usually results in a S21. If Gen Rent reminded tenants of their responsibilities instead of just their rights maybe fewer would be evicted!

    • Agreed. Just not dramatic enough headlines I suppose. Just shows gen rent only cares about it’s own agenda, not that of the tenants at all. A harmonious landlord / tenant relationship should be what they aim for, but they just seem to want all parties involved to have a good old scrap. A nice organisation?

  5. If generation rent think that 75% of tenants have not received correct documentation then why are they so despatate ti get rid of sec 21, as according to them it’s hardly ever going to be enforcable anyway?

  6. The reality is that Shelter, gen rent, govt, labour party, local authorities etc can heap any amount of disdain on landlords but they cannot FORCE me to let my property.

    I’ve just sold a former rental recently and intend to buy myself a bigger house of my own.

    I have recently refurbished a rental property and had loads of interest on the first day it was online, day two had people in the agents completing forms…
    Who did I let to???

    An employed singleton, no pets looking to leave home for the first time, three years in work, parents are home owners who happily completed a rent guarantee.

    I’ve already reduced the portfolio to avoid painful EPC stuff and that process will continue as the ratio of risk to reward is way out of balance.

    • “they cannot FORCE me to let my property” – interesting view indeed. They may not force you but you will probably be persuaded to let it – when the Council notices there are perfectly good properties sitting vacant – not tenanted…..hmmm…we dont want to force the landlord now, do we ? Lets just increase the council tax to 100 times the normal rate for all empty properties ! Govt massively increases CGT for 2nd property disposal ! – We are still not forcing the landlord are we ? Oh no, the landlords are selling up ! A flood of properties hit the market – prices start heading down – everyone ones out of the market – Corporates, councils, the big boys fill their boots while everyone is selling like headless ch@@@@ns – the headlines read – Greedy Landlords cash in whilst tenants unable to find a place to rent – Corporates, councils, etc are seen as saviours of the tenants who end up paying higher rents justified by the actions of greedy landlords….of course all this will play out in slow motion that – nobody actually sees it happening……until its too late….

  7. I agree some game the system, but what about a tenant who’s landlord has not renewed their selective license, who has not issued a EPC certificate and the deposit is not held in a deposit scheme ? There are a fair few landlords who have or are doing this , yet the respective councils screamed at the beginning of the selective license scheme that they were going to penalise rogue landlords who do not register…don’t see that happening, and if tenant does decide to take action ie RPO ( Rent Payment Order )these councils do not want to know , and just as a response to some of the comments above ie not letting S21 would you take someone on who did get a RPO from a landlord ?

  8. Generation rent use the same nonsense as Shelter manipulating and slanting so called statistics (using tiny bias member only samples and claiming this provides accurate statistics) to what they consider facts which only the Government are stupid enough to accept. Can’t remember means absolutely nothing. Eg I can remember what good Shelter or Generation rent do. Mind you landlords and agents should make sure everything is signed for including all essential documents as there is a risk some tenants might be schooled in memory loss.

  9. Like it or not LL have to be on their game.

    There are many hurdles that LL must ensure they have surmounted to prevent being ripped off.

    How many LL know for eg that any tenant viewing must be given a copy of the EPC.

    Also to be shown the Gas cert.

    Before any AST is signed a tenant to sign that they have seen the Gas cert and EPC.

    It could be done minutes before the AST is signed.

    BEFORE any LL advertises to let they should be fully conversant with the documents that are required to set up a legally correct tenancy.

    Any LL that takes a punt deserves everything they might suffer at the hands of savvy tenants.

    LL myst understand that they are considered as mugs to be taken advantage of by tenants.

    LL need to ensure they do everything to ensure they can’t be mugged.

    It is of course a real pain to deal with all the tenancy bureaucracy but hey that’s the game LL are in.

    Don’t like it!?

    Then sell up.

    Govt intends to make life as awkward as possible for LL.

    LL can whinge as much as they like.
    If they don’t comply they risk all.

  10. I have to agree with the main thrust of the argument that LL’s need to be fully compliant, it protects them (To a degree) from professional scammers.

    Just remember that squatters never actually disappeared, they have simply modified their tactics to defeat the system and pay nothing for accommodation.

    They are simply criminals out to defraud and LL’s should do all they can to protect themselves from being a victim of such criminality.

  11. Is this the same generation rent that predicted 1m plus evictions the minute the eviction ban was lifted?

    Complete joke of an organisation and why anyone listens to their propaganda and lies, when they are proven wrong so often is unbelievable.

    Everyone need to realise that generation rent are bad for both sides, creating animosity and bad relationships between tenant and landlord, making money out of promoting fear factors and spreading malicious gossip.

    If they know the law so well, and all landlords are bad/rogue, perhaps they should buy some housing stock and show us how it is done? Mmmmm not so easy now is it?

  12. Sorry last rant.

    Also Generation Rent, sit there telling everyone what safety certificates are needed and how all houses should be at the highest standard.

    I don’t have an issue with this, however, what they need to understand is that such standards come at a cost, and its unreasonable to ask the landlord to bear such costs, ergo, their effectively ensuring that rents are persistently going up.

    You want high standards, no problem, but be prepared to pay for it.

    After all you cannot shop in M&S and expect Aldi prices.

  13. Larson makes a very valid point that costs eventually fall on the tenant.
    The BIG problem is that Shelter and Gen rent fail to acknowledge the basic economics of renting property.
    As an investor (Because that is what HMRC say LL’s are) then clearly I can invest anywhere there is a reasonable return.
    The notional average mark up for investing in property is often quoted as 5%

    Therefore here are the basic numbers for all those interested such as Gen rent.

    If a property costs £100,000 to buy (Invest in) and 5% is the expected return on investment then the rent must be £5000 pa (£416 pcm)
    Therefore, likewise if a 2 bed flat in London is going to cost £400,000 to buy then the rent must be 20,000 pa (1666 pcm) to give a 5% return
    The lower the margin then the less attractive the investment becomes, likewise the higher the cost to purchase and run then the higher the rent will be to sustain 5%

    An investor could just simply buy shares in a basket of companies and hope to make 5% average return with zero work, just buy shares and collect dividends.

    This is why Gen rent, Shelter and the govt are actually increasing rents by their actions because as LL’s leave the sector then more tenants fighting over fewer properties to rent automatically creates an upward rent spiral as rental properties end up going to the highest bidder.

    As an answer (Unsustainable of course) Gen rent will say “Cap rents”… fine but that just means even more LL’s leave the sector and just buy shares or invest elsewhere.

    Some say interest rates should rise to stop rising house prices, I say great, when savings accounts start to pay 5% I may quit the rental sector altogether and if many others take that view then even higher rents will surely follow and homelessness will increase.

    The boss of Shelter earns way in excess of £100,000 pa I wonder how many landlords make anywhere near that?

  14. More bashing of the PRS landlords
    Well I visit my new tenants a week after they have moved in to get them to sign the deposit paperwork give them their copy and to sign an accompanying letter listing all the documents they have received from me and my letting agent, I also get them to initial my copies of all documents.
    Time to sell up I think

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