Press Article
METRO - 7 July, 2011
Rogue landlords
By Jo Eccles
The issue being hotly debated in the property industry this week is the private rented sector and rogue landlords. It has long been questioned whether the industry should be more heavily regulated but a Dispatches programme on Channel 4 that aired last week really brought the issue to light again.
The programme, titled ‘Landlords from Hell,’ sought to expose the rogue landlords operating in the private-rented sector. Whilst the majority of lettings agents operating in this sector are highly professional and adhere to codes of conduct, sadly there are unscrupulous landlords out there and currently no regulations to stop such activity from taking place. I have heard of all sorts of scams over the years. For example, one tenant found a flat online through a private landlord. He went to the property, paid the landlord the deposit in cash and was given the keys to move in the next day, only to find the locks changed and the landlord nowhere to be seen.
There are laws that are supposed to protect people in the Private Rented Sector (such as the Protection from Eviction Act 1977) but nothing to stop rogue landlords operating. Our advice is to do your research and try to use an estate agent who is a member of a trade organisation, such as ARLA (The Association of Residential Lettings Agents) – a professional self-regulating body. ARLA members are required to work within a robust Code of Practice, which covers the key stages in letting and managing a property and includes comprehensive membership Byelaws. ARLA keeps it members up to date with changes in legislation and provides wide-ranging training and guidance to help members understand and interpret all aspects of letting and managing a property.
If you choose not to rent via a reputable lettings agent, be vigilant and do your research. Make sure you have an understanding of rental prices for the area and don’t hand over money to a landlord without checking who they are. Also, don’t hand over cash as there will be no proof you ever paid – always transfer money to a bank account in the landlord’s name. If your landlord is an individual and they own the property in their name, rather than through a company or Trust, check on the Land Registry that this is genuinely the case.
One issue some tenants have, especially with cash-strapped landlords, is that repairs aren’t carried out. Your tenancy agreement defines all items that the landlord is responsible for, such as all electrical goods. If the washing machine breaks, you should report it to your landlord immediately and the landlord will be expected to repair it within a reasonable amount of time. You are not permitted to have it repaired yourself and simply deduct the repair cost from your rent. However, if the landlord continues to ignore your request for the washing machine to be repaired/replaced and an unreasonable time elapses, I would suggest obtaining 3 quotes and sending them to your landlord. If he/she still ignores the quote and your reminders, you may be able to argue at that point that it’s reasonable for you to arrange the repair yourself and at that point deduct the amount from your rent. This is one of the pitfalls of renting a poorly maintained property as you are reliant on the landlord being willing and able to pay for repairs as and when needed.