Communities and Local Government CommitteeWritten evidence submitted by Michael Foreman
Executive Summary
Privity of contract between Assured Shorthold Tenants (and all other forms of Residential Tenants) and Residential Landlords.
Procedural measures for disputes arising between Assured Shorthold Tenants (and all other forms of Residential Tenants) and neighbours, Resident Associations, Recognised Tenants Associations, and Managing Agents.
Penaltys for non compliance, damages.
Introduction
I am a residential landlord and have been a member of The Small Landlords Association (now the National Landlords Association) for over 20 years. Membership No 753.
Factual Information
1. In blocks of flats, Residential Tenants may receive instruction from neighbours regarding their conduct within the premises. This may include instructions ranging from the disposal of household waste, parking matters, noise from musical instruments, television, entering and leaving the premises and so on.
2. The manner in which the instruction may be received is the issue of concern.
3. In some cases instruction may be received in writing from a Resident’s Association, unsigned and without reference to the sender’s contact details.
4. Further, instruction may be received in writing, unsigned and without reference to the sender’s contact details.
5. In both cases mentioned above a Residential Tenant may feel intimidated and is a form of harassment.
6. Matters may then be escalated by the author of such notes by way of contact in the form of a complaint about a Tenant’s behaviour directly to the Tenant’s Landlord.
7. The Tenant’s Landlord may then refer the complaint to the Residential Letting Agent for explanation.
Recommendations for Action
1. On the granting of a new Tenancy and on the issue of an Assured Shorthold Tenancy Agreement a separate Notice shall accompany same setting out details of a Recognised Tenant’s Association and details of Managing Agent. In both cases the Notice shall include an address, telephone number and name of an individual with responsibility for the management of the premises for contact. A note below shall advise communication from a Resident’s Association or anyone else shall not be from a person or body in authority.
2. Failure to issue the above will result in a Residential Landlord being unable to claim possession other than by a Tenant choosing to vacate the premises.
3. A Residential Tenant shall be entitled to privity of contract in dealings with a Recognised Tenant’s Association, Managing Agent and a Residential Landlord. Where a dispute may arise between a neighbouring tenant or lessee, and a Residential Tenant, that dispute may be referred to a Recognised Tenant’s Association or Managing Agent. A dispute may only be referred to a Residential Landlord after a Residential Tenant has been given notice of a period of 30 days to cease a breach (if applicable) of a lease and has failed to do so.
4. In matters where this procedure is not followed, a Residential Landlord shall be unable to claim possession on the grounds of the breach concerned.
5. An Assured Shorthold Tenant (or a Residential Tenant or any other tenure) shall be entitled to damages, if a complaint shall result in the ending of an Assured Shorthold Tenancy (or a Residential Tenant of any other tenure) be found to be without foundation.
January 2013