Bad Tenants - Bad Justice (auto run)

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Bad Tenants – Bad Justice:

Bad Tenants – Bad Justice This presentation is in www.slideshare.net/jefmoi/bad-tenants-bad-justice and www.authorstream.com/Presentation/jefmoi-1041999-bad-tenants/ I am a landlord & manager of a House in Multiple Occupation, and this presentation is based on my many experiences of bad tenants. Very many other landlords have similar and worse experiences. This presentation outlines some of the many ways in which English law overprotects bad tenants , so that the rights of a bad tenant greatly outweigh the rights of other tenants and neighbours and the landlord. It ends with some suggested new laws to improve the balance. © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 1

Definition & Examples of “Bad”:

Definition & Examples of “Bad” Bad Landlord Bad Tenant Unfair & Antisocial e.g. Steals from tenants e.g. Harasses tenants e.g. Harasses other tenants / neighbours and landlord e.g. Steals from landlord e.g. Doesn’t pay rent e.g. Makes much noise & mess e.g. Damages tenant’s property e.g. Damages landlord’s property e.g. Trashes premises © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 2

Bad Landlord - Remedies:

Bad Landlord - Remedies Tenant can move elsewhere. Criminal law. Civil action. Compensation. Blackmail. Bad publicity. Often these are effective because the Landlord has a fixed address Even a good landlord can be blackmailed and be given bad publicity by a lying tenant © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 3

Bad Tenant - Consequences:

If landlord does it, even a few times, then WHAT HAPPENS? Bad Tenant - Consequences Awful for other tenants & neighbours:- Awful for landlord:- Disturb (e.g. frequent loud noise). Make unpleasant (e.g. leave common areas messy). Cause work (e.g. make common areas very dirty). Intimidate (e.g. if rough guests). Upset, get on nerves, cause sleeplessness etc. Force them out. Cause much work that should be unnecessary. Upset, get on nerves, cause sleeplessness etc. Cause much expense that should be unnecessary. Lose good tenants and/or pay them compensation. Tenant can do it numerous times month after month. CRIMINAL offences with severe penalties. Tenant can do it numerous times month after month. Make unsafe, disable some services. © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 4

Bad Tenant – “Remedies”:

Bad Tenant – “Remedies” Criminal law. Civil action. Compensation. Blackmail. Bad publicity. BUT Much evidence required. Other tenants/neighbours intimidated. Police don’t want to get involved. e.g. Police refused to view trashed room. Tenant can move elsewhere. BUT No incentive to move. Have clear and reasonable:-advert, tenancy agreement, interview, notices, letters. BUT Tenant can lie & violate them. BUT After some time, the tenant can “disappear”, so all these can be ineffective. © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 5

Bad Tenant – Civil Action:

Bad Tenant – Civil Action Repeatedly remind of unfair & antisocial actions. Threaten legal action. If the tenant rectified behaviour, then most landlords would not do this. Give 2 months notice. Apply to court and pay fees. Allow time for tenant to respond, (no penalty for lies to court). Wait for court hearing, (tenant can delay it further). Judge dismisses application (e.g. mistake in form or technicality) or makes court order giving tenant another 2-6 weeks, and maybe pay. Tenant violates court orders. Apply to bailiff and pay fees. Wait for bailiff, (date notified to tenant). Tenant disappears. Increasing time (>4 months), work, expenses (e.g. loss of rent), and aggravation for landlord, other tenants & neighbours. Court orders for tenant to pay cannot be enforced . © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 6

Bad Tenant – Bad For Society:

Bad Tenant – Bad For Society Increase rents to allow for bad tenants Unfair on good tenants & poorer tenants. Increase deposit or initial payment Sell property as flats Less accommodation available to poorer people. More court cases Less & slower justice for most needy people. Get away with civil offences Progress to criminal offences. No incentive to improve behaviour Decent people suffer more in society generally. Like bad tenants, the results of bad laws are Unfair and Antisocial! © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 7

Some Suggested Laws:

Some Suggested Laws 1. It should be quick and easy to evict bad tenants, using a bailiff, even without a court order under certain conditions , (with penalty against landlord if unjust) . 2. There should be penalties at the judge’s discretion for landlords or tenants who are proved to deliberately lie in writing or verbally to the court, and/or who deliberately cause unnecessary expenses / aggravation . 3. There should be penalties (payable to the court and/or landlord) and police action for ignoring Court orders for eviction and payment . 4. Money claims should be adjustable during the course of the claim, so that as someone continually increases their debt (e.g. by not paying rent or electricity) , then when it gets to court the amount claimed can be more than at initial application. 5. A landlord should be allowed to arrange in advance for bailiffs to evict a tenant the day after the court orders the tenant to leave by . What do YOU think? 6. There should be extra penalty if a person having a court order against them moves home without informing the claimant of their new address . © Jeff Moine 13-May-11 to 01-Jun-11 Bad Tenants - Bad Justice www.slideshare.net/jefmoi/bad -tenants-bad-justice Slide 8 This presentation is in www.slideshare.net/jefmoi/bad-tenants-bad-justice and www.authorstream.com/Presentation/jefmoi-1041999-bad-tenants/

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