A Labour council claims to have a pioneering scheme to get refunds from law breaking landlords.
Local media in York say the local council is working with non-profit organisation Justice for Tenants to be made aware of rent repayment orders, which oblige a landlord to pay a refund of up to 12 months’ rent in three cases:
- if the property someone is renting does not have a licence;
- if the landlord has not complied with a council notice; or
- if the tenant has been harassed or evicted without the correct court paperwork.
A council officer is quoted by the Yorkmix website as saying: “Justice for Tenants provides initially a free service for individuals to get that information support and advice and if they are successful Justice for Tenants takes a cut of the money that is repaid through the courts’ tribunal process.
“From the local authority’s perspective, it will assist us in terms of identifying properties that are problematic and try to encourage local residents who live in poor quality accommodation…to make a complaint because they’ll have the financial recompense should they be successful in the application.”
And the lead councillor for housing, Michael Pavlovic, adds: “As a ward councillor with a lot of HMOs in my ward, one of the things that we rely on, frankly, are residents to be our eyes and ears effectively. To say ‘this family house has now been sold, it seems to now be an HMO, can you investigate?’
“I think it will be a huge benefit. I would like to see though once Justice for Tenants and the City of York Council are working together that we do whatever we can to make sure that tenants know that this exists.
“It’s great having it as a system but if nobody knows it’s there, they can’t have recourse to it.
“And if we are trying to encourage landlords who are not aware they have to licence – there may still be some – this might be a prompt for them to register.”
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There's no excuse for breaking the law and HMOs have been part of a licensing scheme for a long time. HMOs can be a problem due to the density of renter's and the fact that the surrounding area isn't necessarily able to cope with extra people.
The question for York is if the Council don't engage respectfully and go in all guns blazing with Rent Repayment Orders, just where are they going to house all of them when the landlord sells up?
Always the lefty councils
The Non Profit Justice for Tenants means we will only get money from landlords and councils, our CEO is earning in excess of 100k a year and does 3 days a week and the rest of his time works on his mental wellness...
Bunch of Jockeys
All depends on the definition of law breaking doesn’t it? I guess that if I was a landlord in York and felt this much persecution I would put my money elsewhere and save the grief and hassle. After all who wants to work under constant threats and intimidation? Landlords who are criminals or part of organised crime really aren’t worried about York councillors are they
So if I kick out a non payer will I be expected to repay the rent I've not received ? IF they aren't paying then there is nothing to lose
Andrew why not give them back 3 times the Rent + the Rent like the outrageous Deposit Schemes, which is why I don’t take Deposits, only one more step left don’t take the Rent, that would be good.
They have no legal authority to do that.
A landlord is only liable for the terns of the contract signed with the tenant.
The only recourse for the tenant is to prove breach of agreement terms and a court not the council wil decide the damages if any or the termination of the agreement..
It has absolutely nothing to do with the council who are not a party to the agreement nor are they responsible for passing property legislation or common Law.
1. Councils don't make the law
2. Councils can't override contract and property laws.
Good luck trying to get that through a court.
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