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11:50 am
12/10/2011
OfflineHaving previously let properties via the council and doing my own reference checks in advance, the council now has done a U-turn on landlords being able to do any reference checks on potential tenants….apparently their clients are now too vulnerable to show me their bank statements, their photo id or even for me to me know whom their previous landlords are…….
my letter below has yet to receive a response from telford council housing dept!!
aggghhh
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Dear Sirs,
I am both stunned and disappointed to learn this morning from your colleague that the Telford council housing policy will not allow landlords to do any form of advance referencing on potential tenants that you supply (re my request for photo id, bank statements etc for reference checks, previous landlord refs etc).
This was not a problem previously as Ms HG from your dept kindly sought permission from tenants and the 'powers that be' at the council. Disclosure agreement for the landlord complies with data protection act. The tenancy contract is ultimately is between landlord and prospective tenant despite the £400 virtual bond the council post. It is my responsibility to learn about whom I shall be dealing with.
The information commission that writes the data protection act provides the following guidance to landlords that they are indeed entitled to learn as to whom they are about to enter into a legal agreement with See link http://www.ico.gov.uk which details a landlords right to access tenant information in accordance with the data protection act. I suggest that you check this with your legal team before you respond to me.
This is a shame, had I known that two months of my time and money would be wasted in holding this property vacant for you in good faith I would not have made it available to you.
It is not reasonable that landlords should:
– be blindly expected to hand over keys for a newly refurbished property worth many thousands,
-agree to manage tenants that they have no prior knowledge or any history of
-all for the grand (virtual paper security bond) sum of £400…….
previous experience has left me with trashed properties, squatting tenants and thousands pounds in loss of rent and arrears, legal fees and damages. I have a right to be cautious and do my own research prior to signing any legal agreement.
Your clients maybe 'vulnerable' but so am I, in the time, money and hard work that has gone into creating this home for people and there has to be a fair exchange.
The reason they won't let you reference them is they know they are wronguns.
Once you have them it will take many months to get rid of the tenant; if you need to.
So the council saves a fortune in TA costs knowing it avoids paying 2 months LHA to you until you can claim direct payment.
The bond will not cover losses or rent arrears.
There are more than enough private tenants out there not to deal with these council tenants.
There are apparently now companies that will offer RGI on LHA claimants.
12:42 pm
12/10/2011
Offlinethanks Paul,
what a pain, can you recommend all in one company that will do refs and RGI on LHA tenants please
cheers
2:15 pm
15/12/2011
OfflineTelford Councils response seems ridiculous to again protect a Tenant by refusing to share information which will allow you to make a detailed and clear view of any potential tenant's problems in the future.
I doubt very much if they chose to do so they will comply exactly with their own procedures if chasing Council Arrears etc. and would surely move heaven and earth to pursue any outstanding debts.
As there are likely to be more and more tenants looking to the PBS sector for living accommodation then it surely doesn't make sense to send out this signal to Landlords and Letting Agents that we don't really care what you think then you should take on any tenant we forward to you, irrespective of any checks before they move into your property.
A ridiculous state of affairs !!!
Cedric,
The problems with Councils is if a tenant goes to them for accommodation they are required to find them a place to live and therefore to tell PRS landlords about a bad-un it is totally detrimental to what they are trying to achieve and that is to get them into PRS accomodation under the radar.
To them disclosing knowledge of a bad-un to the PRS is like the old "Turkey voting for Christmas" and they have not got down to drawing the line in the sand with bad tenants and working with landlords to send out a clear message.
If you are a bad tenant we will tell all and you cant have a home. .
11:05 pm
12/10/2011
OfflineThank you Cedric and Paul,
I shall keep you posted on their reponse (if any) I suspect they will hope it will all go away and some unsuspecting landlord shall take said problem tenant off their hands faily soon. huh!
Tic Tac have your read this? http://www.landlordreferencing…..ction-act/ It has worked with one of my authorities and well worth a try. Please post to say how you get on
Follow me on Twitter @landlordtweets
5:04 pm
12/06/2012
OfflineHi it can get worse than that.
I have a lovely refurbished 2 story maisonette in a good residential area with elderly people.
I have a respectable fully referenced working couple living in it. There are only two council flats in the 3 maisonette blocks and the council has put a person with a prison tag on in one and a person who dresses in dracula garb in another. You would not believe it until you saw it.
I have asked them if they could try and match their tenants to the area and they are not concerned. They say they have to house people.
I am trying to find out from upad who a RGI company is that will take LHA tenants from the outset of a tenancy as they did a piece mentioning it; but so far they have not been able to advise as to who they were referring to.
I think there is a LA up north that has managed to source a RGI company that will take on LHA claimants.
He was on the propertytribes web site
There is another scheme called depositapprove, which is a warranty sort of thing.
RGI cost about £300 for LHA tenants whilst normal tenant cost £99!
Standard RGI by it's very nature will decline most LHA tenants but there is a possibility that subject to a guarantor passing the RGI check then RGI would be possible at the cheaper £99 price.
LRS has sponsors for RGI; bearing in mind there are other RGI suppliers.
I could not use LRS sponsor as my tenant did not meet the RGI supplier min requirements, so I had to use someone else.
Without RGI you really are up —t creek if you do not have the resources to service mortgage payments and damages and thefts whilst the eviction process takes about 10 months!!
The more you see these problems, I believe the more good LL loath and detest these idiotic council housing depts.
They are just trying to offload thier wrongun homeless onto mug LL as though you need these tenants.
Those days are long gone, there are more than enough good working tenants not to have to rent to the detritus of society.
It cost the councils fortunes to house this lot in TA before they can find a mug LL to take them on without referencing.
Councils will practice all kinds of deceit to convince a LL to take one of their wronguns.
12:45 pm
12/10/2011
Offlineand here is the reponse FYI folks!!!
All mushroom landlords please apply to Telford council for rogue tenants, where you will be expected into a legal contract of tenure with unknown tenants that you will have no prior information on. Oh and this is from their family and cohesion department………LOL
Welcome to the dark side!!
————————————————————
From: Karen.Evans@telford.gov.uk
Dear x
Thank you for your email
I am sorry that you are not happy with the nature of the conversation this morning, but unfortunately we are not in a position to share information to you on perspective tenants.
I hope that you can now source your own tenants and in due course we will return your keys to you.
Regards
Karen
Resettlement Officer
Family & Cohesion Services
Telford & Wrekin Council
tel: 01952 381948
fax: 01952 381926
12:49 pm
15/12/2011
Offline1:04 pm
29/05/2012
OfflineOr Cedric, It could read
Dear Mug
Thank you for your email (Which we took no notice of)
I am sorry that you are not happy (Not really) with the nature of the conversation (where we blanked you) this morning, but unfortunately we are not in a position to share information to you on perspective tenants (because if we do you will find out they are all shit bags that knock every landlord we send them too).
I hope that you can now source your own tenants (because we don't want to send you any more of our rubbish ones because you get annoyed when they don't pay and trash your property and we don't think that is fair), and in due course we will return your keys to you.(Maybe if we can find them because the tenant never returned them)
Regards
Mr Bean
Resettlement Officer and do gooder department
Family & Cohesion Services, dealing with those who wont behave and why should they.
Telford & Wrekin Council
Naughty but nice![]()
3:51 pm
12/10/2011
OfflineThank you for your support folks. lesson learnt from my side. also paul b, I spoke to justforlanlords.co.uk. They will do rgi on LHA tenants once referenced by a licensed provider, wort having a chat to a lady called Sam in their insurance/ RGI dept.
I don't understand they have mis-advised you,
justlandlords carry out the referencing via an agreed party, therefore they cannot get out of a claim due to referencing being indadequate as they are the ones that carried it out!!!
All these policies are just branded DAS policies.
The DAS RGI policy is the same for all brands and the same referencing circumstances apply.
4:55 pm
12/10/2011
OfflineSorry to be blunt, but the bottom line for me is, NEVER to rent to LHA tenants. As a *general* rule, they are more trouble than they are worth.
In the advent of new laws coming into effect next year taking all direct payments away from Landlords and giving them back to tenants, there really is no incentive for LL's to continue to offer housing to these types of tenants. And, as you have discovered, Local Councils are a NIGHTMARE to deal with.
If I had any LHA tenants, I would be issueing them with a Section 21 in time for next year's legislation. It is just too much hassle to receive the LHA benefits directly because if the tenant is wrongly claiming LHA benefits and the tenants situation changes and there is rent due back to the LHA, the LL is liable to pay this back to the Local Council.
Also, if the tenant does pay you directly and starts to default on rental payments, you may as well write off the monies owing as bailiffs normally gain nothing, there will be no situation to place a charging order on property, (as the tenant won't own any property), and an attachment to earnings order would be futile, as the tenant may not work. Even if the tenant did work, it will probably be low-paid work and therefore take forever to reep back the unpaid rent. A Judge would order the debt to be paid back proportionally to what the tenant earns.
It's a no-brainer for me, keep away from LHA tenants at all costs!
It is a terible indictment of the system; but unfortunately everything you state is correct.
Govt just don't ssem to get that LL are NOT cash cows to be milked.
There will be more homeless people and property will be availablr , just not to HB claimants; like in Newham.
The penny has not dropped with the govt and they will be facing massive B & B bills.
Immediate possession and non- penaliising the LL if a claim is false.
Get it off the tenant.
Until govt changes the law LL will refuse increasingly to rent to HB claimants.
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