Tenancy Deposit Protection Scheme

[Mazza]

A lot depends on the landlord and what they are actually like, in our last place doors feel off, cooker broke, waited 2 yrs for a bedroom window that was rotten to be replaced! In the end we done the repairs ourselves (except the window hence we waited so long for it!).

When we left we painted the walls, left up some shelves in an empty cupboard, left a cabinet/toilet roll holder/towel rail in bathroom. LL was happy enough with these staying!

We also left some planters with plants in them out back as they looked good there - landlord tried to withhold deposit for this, so we told them we'll move the stuff no problem but if we don't get deposit back we'll go back and undo all the things we fixed.

We got deposit back sharpish.

 

Also landlords need to take into account how long you've been there, if your only there a few months then fine, but if you've been there years (4 years for example) then normal wear and tear of carpets etc needs to be taken into account, rent tends to increase yearly and its up to LL to take these into account.

IMO if you leave a place in a clean, tidy state (ie clean carpets curtain cupboards etc) or better than when you got it then you should get your deposit back. If you leave it a shit-tip then LL has the right to withhold deposit as long as they can give you in writing all they need to do and the costs involved. (give tenant a chance to get it done themselves)

If there is a dispute then there should be a mediation process......

[ballaughbiker]

Does fit for purpose include central heating? Double glazing?

 

Central heating - yes

Double glazing - ideally but this usually comes under the heading of insulation. Properties should be reasonably insulated and wind tight.

[ballaughbiker]

A lot depends on the landlord tenant and what they are actually like

 

I've been letting property for 20+ years although not on the island anymore. Most landlords and most tenants are reasonable people and it's only the extremes of either that anyone talks about or remembers. The best tenants imo are single men, hardly the first type that would come to mind. The worst I had was a young family new to the island who were all sweetness and light (aren't they always) at the start of the let but quickly fell out when they discovered MT wanted a full installation fee to reconnect the phone! Of course they didn't want to pay it but wanted me to, and when I refused, they trashed the place and disappeared. It was where I had previously lived and was a very nice place. The whole thing was heartbreaking when I'd done nothing wrong.

 

It would appear that many of the problems here could be prevented or diluted by an effective OFT or the like but I know from experience, they like an easy life without confrontation. Some of the examples mentioned (if they are exactly as mentioned) are clearly somewhere on the scale of unfair - ludicrous and there is no doubt that some landlords are taking advantage 'because they can'. That has to be controlled but I am wary of tenants having significantly increased rights and control which some will exploit. Having said that, I am aware of the high demand for rented property here due to the inability of many young people to buy (including my son). That tips the balance in favour of landlords which is now rare across.

 

The mindset from a tenants point of view (and I was one of those for 6 years) is that the landlord gets money for nothing, is greedy and doesn't want to do any maintenance. The reality, like most one sided perspectives, is totally different although anecdotal evidence is usually readily available to argue the opposite.

[Dodger]

Does fit for purpose include central heating? Double glazing?

 

Central heating - yes

Double glazing - ideally but this usually comes under the heading of insulation. Properties should be reasonably insulated and wind tight.

 

What if the rent reflected the fact there was no central heating or double glazing? As far as I am aware there is nothing that stipulates if you are renting out a property it must comply with these guidelines, I would have though change of use through planning would have covered it,if there was something official?! I would also point out that home owners may not have funds for central heating or double glazing, we have to be careful that we don't give a tenant greater status than a home owner..........

[mæŋksmən]

Does fit for purpose include central heating? Double glazing?

 

Central heating - yes

Double glazing - ideally but this usually comes under the heading of insulation. Properties should be reasonably insulated and wind tight.

 

What if the rent reflected the fact there was no central heating or double glazing? As far as I am aware there is nothing that stipulates if you are renting out a property it must comply with these guidelines, I would have though change of use through planning would have covered it,if there was something official?! I would also point out that home owners may not have funds for central heating or double glazing, we have to be careful that we don't give a tenant greater status than a home owner..........

 

If the property due to lack of re-investment is not fit for purpose then dont let it out, and expect a quiet life.

[ballaughbiker]

As far as I am aware there is nothing that stipulates if you are renting out a property it must comply with these guidelines

I think you are correct. The HHSRS legislation only applies to the UK but it would be a very good idea if the IOM adopted it. HHSRS specifies controllable heating is required and the minimum version of this is night storage heaters. Again this is something you don't see here. HHSRS also requires a rented property to have adequate insulation. Renting out cheap due to the lack of these is not an option.

 

Google HHSRS.

[Dodger]

As far as I am aware there is nothing that stipulates if you are renting out a property it must comply with these guidelines

I think you are correct. The HHSRS legislation only applies to the UK but it would be a very good idea if the IOM adopted it. HHSRS specifies controllable heating is required and the minimum version of this is night storage heaters. Again this is something you don't see here. HHSRS also requires a rented property to have adequate insulation. Renting out cheap due to the lack of these is not an option.

 

Google HHSRS.

 

I have had a look and it seems to be H+S linked to housing! There is also a part, p55, where it states "Dwellings should be warm, dry and well-ventilated. Indoor relative humidity should be between 40% and 60%, except for short periods of fluctuation." When a tenant is responsible for the heating costs, they may not keep the place to the optimum level, this can lead to other problems like black mould etc. Are you suggesting it is for the landlord to keep to these levels even if the tenant cannot afford it?! Dangerous ground.........

[ballaughbiker]

Dangerous ground

Ha! correct... It is H&S based but unfortunately it defines what is acceptable and what is not in the eyes of an environmental health inspector. This gives the tenant a big stick with which to beat the landlord if he/she so wishes. Of course at the other end of the scale, it can be an effective means to control rogue landlords.

[slciom]

Yes I believe the Isle of Man needs to have laws here both to protect tennats and landlords.

 

Several years ago I have a landlord who would not give me my deposit back saying there was damage and re-decoration to be done in excess of the deposit amount, they even were ging to ask for the extra money. The flat had been cleaned from top to bottom prior to me leaving and photos were taken as proof, but still no avail with the deposit. People like this should not be allowed to screw money out of people they should be laws/bodys that protect peoples rights.

[Kopek]

One area that does need looking into is the BTL market.

I wonder how many amateur BTLs have properly informed their Insurers and Mortgage provider of their letting?

 

In England, this has led to bailifs evicting tennants who had no idea that there was any problem. All the court papers go to the BTLer, whom, if they have not declared their letting, have few rights in law.

[ballaughbiker]

I think there are a fair few amateurs in the BTL market who saw it as a get-rich-quick scheme. Initially it was, before the pendulum swung the other way. Owning property and letting it out is not easy money but in the recent BTL fiasco, it's the tenants who eventually loose out, having done nothing wrong, if the property is repossessed.

 

I bet there's a fair few BTL landlords who never thought about Gas safe checks, electrical safety, insurance, fire risk assessments, HHSRS or even if they require HMO licensing. (Not sure how many of those apply here. Gas Safe certainly does.)

[Eloise]

I went to the Government Office of Fair Trading for some advice on behalf of a neighbour. A tenant was refusing to pay his rent for no good reason and had amassed a debt of a couple of thousand pounds.

 

As soon as the guy realised I was speaking on the side of the Landlord he said "I am sorry in that case I must end this conversation now" and just walked off.

 

What a twat, I thought.

 

OFT employ Consumer Advisers - clue's in the job title; landlords need to see an advocate (and pay for the service - businesses do not get free legal advice paid for by the taxpayer).

 

In other words, the guy probably wasn't a twat.

[ballaughbiker]

Agree with that Eloise but its very easy thinking to assume all landlords run it as "a business". I do and accept all that come with that. Many landlords become landlords without really planning to. Instances are people who are forced to move for employment and can't sell their house and people who are left property which may or may not be valuable. The profit sometimes derived from such unplanned ventures can be well below the accepted minimum wage or it could actually make a loss. With the rents achievable here, the latter is unlikely but not all landlords set up in business in the accepted sense or fit the normal definitions of a business. Officialdom may think differently of course just to make their life easier.

[RC-Drift.com]

It's time this was brought more up to date

 

http://www.law-man.c...ory_187790.html

 

The 2011 Localism Act includes changes to the tenancy deposit legislation and are of importance to landlords and managing agents.

 

Deposit holders will now have 30 days in which to protect the deposit from the date on which it is received from the tenant. Failure to register within the 30 day time limit may result in legal penalties and even once registered the tenant may still claim for the landlord’s failure to comply with the time limit, even after the tenancy has ended.

 

The legal penalties for not protecting a tenant’s deposit are now on a sliding scale with the minimum being the return of the full deposit. The maximum is now up to four times the amount of the full deposit. The court has the discretion to decide.

 

Landlords should also note that it a tenant’s deposit is not protected within 30 days of receipt, the landlord will not be able to use Section 21 of the Housing Act 1988 to regain possession of the property during the tenancy. Therefore, if a landlord did not protect a tenant’s deposit within the requisite time limit but now wants to remove that tenant, if the tenant is fully compliant with its tenancy terms and does not want to leave, the option of serving a Section 21 notice will not be available to the landlord.

 

http://www.law-man.c...ory_187797.html

 

Tue, 03 Jan 2012

 

In a recent case, the mother of a tenant had provided the deposit and, because the landlord was unaware of this, he did not send her a copy of the Protection Certificate and prescribed information about using the scheme. As a result, the mother was awarded 3 times the deposit by the courts. The Protection Certificate and prescribed information must be sent to everyone who is involved, all those who contributed to the deposit (if it is a joint tenancy) and anyone who gave them the funds as described above.

 

http://www.law-man.c...ory_205895.html

 

 

 

Estate Agents and Landlords Bill 2012

 

 

Tue, 07 Feb 2012

 

An initial consultation has been set up in connection with the Estate Agents and Landlords Bill 2012. The aim of the consultation is to outline the significant issues and the proposals to regulate private landlords and, in particular, to improve the quality of accommodation in the private sector. The aim of the legislation is to provide for the registration and regulation of estate agents and private landlords.

 

During 2012 and 2013 the Landlord Registration Scheme will be introduced on a voluntary basis.

 

 

 

Useful info for tenants http://www.gov.im/li...owyourright.pdf

[John Wright]

The site quoted from is a site of a firm of English Solicitors who practice in and from IOM. TheLocalism Act is UK legislation, not Manx. There is no Estate Agents and Landlords Bill either yet, the consultation ended in late April

 

http://www.gov.im/lib/docs/oft/consultations/consultationpaperfinal.pdf