Introduction
In the realm of rental properties, landlords face numerous challenges, from damage to non-payment issues and lengthy disputes. To address these concerns, Nyree Applegarth, a property law specialist and partner at West Midlands law firm Higgs LLP, proposes the establishment of a national register of tenants. This register, known as the Property Possession Order Register, would empower landlords to conduct thorough background checks on prospective tenants by searching for previous County Court judgments. In this blog post, we explore the potential benefits of such a register and why Applegarth believes it could foster trust between landlords and tenants.
The Need for Transparency
Recently, there has been a growing trend of landlords requesting personal statements and biographies from potential tenants. While this practice has faced criticism for its potential to lead to discrimination, Applegarth argues that landlords have a legitimate need to conduct background checks. She compares the process to job applications, where individuals seek references from reliable sources. However, references alone may not provide a comprehensive understanding of a tenant’s history as a responsible occupant.
Applegarth’s Proposal: The Property Possession Order Register
To address the concerns of landlords and promote transparency, Applegarth is campaigning for the introduction of a Property Possession Order Register. This register would serve as a centralized database, enabling landlords to access information about prospective tenants’ past rental history. Landlords would be able to identify if any Property Possession Orders have been granted against a person for non-payment or property damage in previous tenancies.
Safeguarding Landlords and Promoting Trust
By implementing the Property Possession Order Register, Applegarth believes that honest and hardworking landlords can be protected from problematic tenants. Landlords would gain valuable insights into a tenant’s past behaviour and make informed decisions about who to entrust with their properties. This measure could help reduce property damage and instances of non-payment, ultimately lowering the risk and associated costs for landlords.
A Solution Amidst Industry Challenges
Applegarth’s proposal comes at a time when the property rental sector is facing significant challenges. Changes in tax regulations and the imminent end of no-fault evictions have caused many landlords to exit the market. Research conducted by Savills indicates a decline in rental properties available across the UK, highlighting the urgent need for solutions to retain landlords in the sector.
Applegarth acknowledges these challenges and argues that the end of no-fault eviction will make it increasingly difficult for landlords to remove problematic tenants. She contends that the current system leaves the quality of tenants residing in rental properties up to chance, allowing serial offenders to exploit the system. Additionally, the maximum deposit a landlord can request may not adequately cover substantial damages.
Towards a More Balanced Rental Market
Applegarth asserts that the establishment of a Property Possession Order Register, administered by the courts, would alleviate the concerns faced by landlords and contribute to a more balanced rental market. With access to a tenant’s historical data regarding property-related disputes, landlords would be better equipped to make informed decisions about whom to trust with their properties. Consequently, property disputes would decrease, leading to reduced litigation costs for all parties involved.
Support the Cause
If you believe in promoting transparency, safeguarding landlords, and fostering trust between landlords and tenants, you can sign the petition for the introduction of the Property Possession Order Register.
In Conclusion
The establishment of a national Property Possession Order Register holds the potential to revolutionize the rental market, empowering landlords with vital information about prospective tenants. Nyree Applegarth’s proposal aims to protect landlords against property damage and non-payment while reducing disputes and associated litigation costs. By supporting this initiative, we can strive for a rental market that promotes transparency, accountability, and mutually beneficial relationships between landlords and tenants.
A Word of Warning
Many years ago NetRent was involved with a venture called TenantVet, a free service which allowed landlords and agents to rate their tenants, a TripAdvisor for tenants. Everybody we spoke to about the concept loved it, every landlord and every agent. Even tenants liked it because it helped them establish themselves as good tenants. The problem was that virtually no-one was prepared to spend the few seconds it took to rate their tenants, it was too much trouble, they were too busy doing other, more important, things.
Whilst everybody loved the idea everybody wanted everyone else to do the work to populate the database. If landlords and agents aren’t prepared to work together on a free service we seriously doubt that any register will ever get off the ground no matter how valuable and useful it may be.