Protected Tenants Whats The Point

[NotAllThere]

When I rented a house in the late 90s, the letting agency intially charged me an "admin fee" - to cover credit checks etc. Six months later, we renewed the contract, and they tried to charge me another admin fee. I read the contracts carefully, and then wrote to the agency explaining that I had no contract with them, and therefore they could whistle for the admin fee. I got a letter from them a week or so later saying that they'd agreed with the landlord to waive the fee.

As soon as we could, the landlord and I went direct.

[tim123]

I think there are different levels of protection. Say 6 month contracts are the least protected, and I believe there is extra protection that kicks in after 3 years..

You believe wrong.

ALL tenancies (except business and holiday rentals) entered into before some date in the 70's (possibly even in the 80's) are what is now legally known as "protected tenancies" (I'm not sure if that was the name that they had at the time or the name given to them when unprotected tenancies were introduced). It is also possible for tenancies granted in the 80/90s to be protected, if the landlord got the paperwork wrong. It is actually still possible to grant a protected tenancy, if that is what the landlord wants to do.

Protected tenants cannot be given notice, except in a very small set of circumstances, which must be presented to a court for validation (not the correct legal term). They can have their rent increased, sometimes to a market rent, and sometimes not (and that's a whole new discussion).

There is now no mechanism by which a current tenancy can become protected if that wasn't the intention at the outset.

IMO, the UK laws are very landlord biased - I can appreciate if this is the case for short term contracts like 3 months or 6 months, but any long term residence should have a lot more safeguards than it currently has.

That's because when they were tenant biased, no one was prepared to be a landlord. I agree that there are some faults with the current system, but they mainly come about because of the actions of rental agents who seem to be allowed to work in no-one's interest but their own (and that's a whole new discussion). Personally, (having experienced the alternative) I believe that most of the problems come about because of the rule forbidding agents from charging tenants "finding fees" (in the mistaken belief that this means that they won't be paying one).

tim

[AtW]

Exactly, the clue is in the title "protected", that word is there for a reason.

I think there are different levels of protection. Say 6 month contracts are the least protected, and I believe there is extra protection that kicks in after 3 years.

IMO, the UK laws are very landlord biased - I can appreciate if this is the case for short term contracts like 3 months or 6 months, but any long term residence should have a lot more safeguards than it currently has.

[tim123]

It might not (or should not) be so simple to give notice after 9 years.

Exactly, the clue is in the title "protected", that word is there for a reason.

tim

[AtW]

Give them notice after 9 years and get a new tenant in. Simple.

It might not (or should not) be so simple to give notice after 9 years.

[ChimpMaster]

Give them notice after 9 years and get a new tenant in. Simple.

[tim123]

Anyway I dont understand why they get these rights I just cant see the reason for it.

That's because that how the law used to be 20 years ago when the guy moved in.

And as few people were prepared to let on those terms the law was changed, but those lucky people who moved in under the old terms got to keep then.

Quite why the Landlord paid for DG is not clear, he had no obligation to do this.

tim

[johhnysalad]

My next door neighbour is such a tenant

Earn more money, move out of council estate.

[Damp Cave]

Lets

I have taken the line that if I present my flats in the best condition and put up for beyond the max usual rent someone pleasant will take them thereby making it less likley to; get stitched up when it's time for them to leave, have the immigration department on ones doorstep, have subletting to illegal immigrants, running up huge credit problems and outright fraudulent behaviour.

These are personal examples during many years.

[DimPrawn]

I blame the government. No hang on, immigrants. Or was it house prices?

[AtW]

he still expected his landlord to payout £8k in the last two months for double glazing and roof repairs, and the landlord paid it.

House belongs to landlord and he should have factored in these costs over a long period of time that rents were paid, say 10 years is 120 months, so £8000 is actually £66 per month. That's most certainly no more than 1 empty month a year that you would have if you had to change tenants often. So in effect landlord should be grateful he has got a tenant for all this time that pays rent on time.

IMO, any rent above 1 year should be like this.

[MobileCheese]

Feel the need to moannnn n but what is the point of protected tenants if thats what its called, you know when someone has rented a house for greater than 10 years of something and then they get these rights which mean the landlord cant kick them out, they get cheap rent and they can hand the property to the kids ?

My next door neighbour is such a tenant, even though he cant be made to move out and has all these rights, he still expected his landlord to payout £8k in the last two months for double glazing and roof repairs, and the landlord paid it. My neigbours seems to think everyone should pay for what they want, checky f*ckers even hammered to the side wall of my house with nails some strips of wood to rest scaffolding against without asking my permission and didnt take it down, ggrrrrr

Anyway I dont understand why they get these rights I just cant see the reason for it.