4th
Jul 2023
A property law expert is calling for the government to introduce a national register of tenants to help landlords check potential applicants’ history before a tenancy agreement can be signed.
Nyree Applegarth, a partner at a West Midlands law firm says landlords should be able to easily search through County Court Judgements against prospective renters.
She believes a Property Possession Order Register should help landlords guard against the potential of non-payment of rent and damage to their properties, which in turn will reduce the number of disputes and of course the ensuing litigation costs.
Recently headlines have fed the ‘usual suspects’ campaigners slamming private rental sector landlords when asking for what they term as biographies and personal statements.
However a leading PRS association supports the campaign as it said the latest trend in requesting personal statements could result in ‘discrimination’.
However Applegarth still sticks to her guns saying the register and landlords being extra vigilant makes good sense, she said: “I can completely understand why landlords want to do background checks as thoroughly as possible.
“In fact, I would say obtaining references doesn’t go far enough. Just like when you apply for job, you will only ask for a reference from someone you know will respond positively. Even if the reference comes from an employer, they don’t really know how that person acts as a tenant.
“I am campaigning for the introduction of a Property Possession Order Register. That way landlords would be able to see what, if any, orders have been granted against that person in previous properties, either for non-payment or damage.
“This would help protect hardworking, honest landlords against poor tenants.”
Her comments reflect the continual ever increasing number of landlords leaving the sector because of the scrapping of no-fault evictions and the anti-landlord tax regime as well as increased powers being handed over to tenants when the Rental Reform Bill is passed.
An estate agent’s latest research found that a substantial number of landlords took advantage of the sales market when at its peak to leave the sector, as in Q4 of 2022 availability of rental properties fell.
Applegarth adds: “Buy-to-let is no longer the investment dream it once was and we have a serious problem where more and more landlords are leaving the sector.
“The proposed end of no-fault eviction in the next one to two years means landlords will find it much more difficult to remove a tenant.
“The quality of the tenant living under your roof is a complete lottery at the moment. There are serial offenders who know how to play the system and know they can’t be evicted prior to six months of occupation.
“Furthermore, the maximum deposit a landlord can request is five weeks. That is unlikely to cover any significant damage.
“A Property Possession Order Register, administered by the courts, would help alleviate these concerns and could help reassure some landlords sufficiently to stay in the sector.
“Property disputes would also inevitably reduce, along with the costs of lengthy litigation.”
Richard Merrick of PIMS, says: “There is no way that the Tenant Property Register will ever see the light of day, it just won’t be allowed in the near future, especially with the oncoming General Election and certainly not by the next government. After all tenants are now considered an endangered species.
“Landlords do not need this register as credit checks’ searches find CCJs and previous addresses of career rent ‘criminals’ and property damaging rogue tenants.”
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