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  • Problem Tenants

    Fitness for Human Habitation Abuse ( FFHH )

    Its quite distressing to hear of JamesB's post  " Its official, if you're a Landlord, you're a rogue " - about Shelter already advising Tenants to manufacture defects to be able to evade and delay Possession proceedings.

    I am personally keen to hear of any more instances of this and welcome their posting on this thread.

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    Shelter are now pushing the government to make it illegal to “ discriminate “ against benefits claimants, on the grounds that a lot of them are women, or disabled, or ethnic minority’s or something.

    according to them landlords who won’t take the risk of payments being reduced or stopped, or tenants spending the money on fags and booze, or the system taking 2 months before claims are processed, are racist, sexist, and totally nasty bigots who should be forced to provide accommodation to poor unemployed people who all, without exception, deserve free housing.

    yeh right!

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    Yes, Shelter have got the morals of a gutter rat. For example I work with a smaller Housing charity that have a number of private sector landlords that are able to rent One beds for the LHA rate ( not often financially possible in many places because of the Govt's freeze on rates.

    That charity have a totally different attitude and pride themselves on their relationship with landlords ( who they realise are the people providing the properties for their clients to rent ! )   Of course Shelter don't actually provide any accomodation - just advice mainly to Tenants who are being justifiablly evicted by their landlord in James' case.

    My worries about FFHH are not just Shelter, but the availability of Legal Aid for any tenant that claims a defect is harmful to their health (  key is in the word Housing HEALTH and Safety Rating System )  its not hard to aledge a bit of mouuld or damp and a lot harder for a landlord to Prove it was caused by a tenant.

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    Very easy for private tenant to generate a mould issue deliberately - so as to bump themselves up the priority list for secure Council housing - and many are cute enough to game the system in that way.

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    Hi all been there sorry infact still there i had a tenant move in to one of my properties who was on universal credit, after two months of getting no rent just excuses blaming universal credit, i filled the form in after hearing nothing back i rang universal credit to be told the tenant is not claiming for that address, as the tenant would no longer answer the phone i sent her a text saying i was doing an inspection and if i did not hear back i would assume i could let myself in. What a shock i got £56 arrears on the gas £31 on the electric mold and half a pk of fish fingers in the freezer, margerine and some eggs in the fridge out of date. an old sofa ( filthy ) an ashtry full of dumpers ( tenancy say no smoking in the property ) a single bed no bedding wardrobe with some dirty clothes in the bottom, a chest of draws with 2 dirty used sanitary pads. a clock. Clearly the tenant has done a runner, but you still have to go to court by the time eviction was granted i was over £3000 out of pocket because of damage ie holes in walls etc the place needs to be painted which being started Monday a futher £350.00 and more loss of rent. I have a second tenant where again i have had no rent since December and am waiting to hear back from universal credit. When the goverment willing to  cover all arrears  that will be the next i will take tenants on benefits. Will all the changes i feel this goverment is hellbent on doing as much damage to landlords as they can

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    "When the goverment willing to  cover all arrears  that will be the next i will take tenants on benefits. Will all the changes i feel this goverment is hellbent on doing as much damage to landlords as they can"

    Unfortunately I don't think the Govt knows how to deal with the many thousands of cases like yours each year, nor do I think they actually care?

    I don't think they, like anyone else, has any idea on how to stop the behaviour you've experienced happening again, so they just pretend it isn't happening. Every eviction has a story behind it, but just depends if anyone higher up wants to listen to it?

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    Hence landlords need a legal defence in that tenants must pass income/credit checks at outset - sufficient to avail LL of RGI.

    That would of course exclude all benefit tenants.

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    A read of Inside Housing threads (Social Housing forum) will flag that many Social Landlords are also increasingly wary of granting new tenancies to benefit claimants - esp with roll out of UC where many people wait weeks /months for payments to start and get in to debt incl rent arrears.

    Larger families who may be directly affected by OBC have been hit with a £6000 cut in Nov 2016 (outside London and £3000 pa cut in London. Larger families (in context of having benefits capped) could in practice mean as little as 2/3 children in household - depending on location (which affects rent amount).

    Some 46% of OBC affected households are in Social Housing!

    Inside Housing also suggests that the larger 3/4 bed social homes are often shunned by new tenants due to bedroom tax implications in future - ie when offspring leave home.

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    Hi Chris

    Shelter are doing no such thing. Nor are any competent advisors.

    I suspect, assuming it actually happened, JamesB's tenant was advised by an untrained, unqualified person in the pub.


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    Giles Peaker

    Anthony Gold Solicitors

    Why don't you respond to James' post with those comments Giles,  they're his original statement ( not mine )

    For an intelligent man, I struggle to believe you think that nobody will take advantage of loopholes  in the legislation - although I know you dispute there are  any.

    Do you think there are no tenants out there that have thought of such ploys to ' milk the system '   -  Given the difficulty a landlord will have ( not to mention the cost )  in trying to defend a case trying to prove the Tenant was responsible for the condensation  etc even if s/he's successful, their going to loose in costs and lost rent.

    James's post won't be the last we'll hear of Abuse of this legislation..

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    Chris.

    I have replied to JamesB

    His post isn’t about abuse of H(FFHH)A. There hasn’t been any. It isn’t in force yet. And anyway wouldn’t apply to his tenant until 20 March 2020.

    My point is simple. Neither Shelter nor the council gave that advice to the tenant.


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    Giles Peaker

    Anthony Gold Solicitors