Renters rights bill

Awaiting moderation due to external link

In New Zealand, the price for a Floor mounted Daikin installation (the ā€œMieleā€ of heat pumps) meaty enough to function well in Christchurch winters (which are typically colder than London these days) is less than NZ$5600 (less than Ā£2900) at current exchange rates. New Zealand rooms are typically larger with even poorer insulation typically than in the British Isles:

https://3yesheatpumps.co.nz/collections/daikin-floor-mounted-heat-pumps

Ceiling mounted units are much cheaper (and better for cooling in Summer) but I would not recommend them for heating - unless you want to be a ā€œhotheadā€ā€¦

It seems that landlords approaches to this policy is to say to their letting agent or take the view themselves, that tenants should earn x amount a year, currently well above universal credit amounts, so in essence if they keep it to salary being 30x rent with average rents over a grand, itā€™s discriminatory because universal credit and housing benefit cuts off way before 30x earnings on an average property. So low earners wonā€™t be near Ā£30k per year. See this case in this regard - No DSS: Landmarkā€Æcourtā€Ærulingā€Æconfirmsā€Æhousing benefitā€Ædiscriminationā€Æis unlawful - Shelter - Shelter England

I think landlords are maybe confused by the insurance angle that rent protection policies may stipulate that the tenants should earn x30 of rent , but this doesnā€™t invalidate the insurance if this is not followed and the landlords have other protections in place, because such a warranty is only normally a condition precedent to policy response of a claim for rent protection. Itā€™s not a condition precedent for the policy of insurance with buildings etc. If the landlords donā€™t need it because they are protecting themselves elsewhere by getting rent from the local authority direct or understanding that people can live on less than 30x, and they know the tenants, they can still live frugally and be good tenants.

Landlords and agents who are flouting discrimination laws around instituting rent default protections when there are alternative way and finding out some of us are good tenants, is never a good thing to keep on the right side of the law. Also stating no dss in adverts is wrong because of the case as above. I personally donā€™t understand why itā€™s an option on this website.

The requirement to earn 30x rent has been one of the standard measures of affordability for decades. It has only become such a problem now because rents are very high and those on lower incomes canā€™t afford them. The solution is not for landlords to ignore or lower affordability criteria. This would be irresponsible and could lead tenants into debt as there are many other things that tenants have to pay besides their rent. There are plenty of stories on the forums of tenants not affording to heat their home and getting mold. I also think that courts will not look favourably on landlords trying to recover debt from tenants where they have not considered affordability when granting the tenancy.

The previous judgements of discrimination relate principally to landlords expressing a blanket ban on benefits tenants and under existing law it should not affect a landlord who considers such applications but rejects them based on affordability.

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The point is you donā€™t get to set what is affordable as otherwise landlords will use and abuse it through the back door, as itā€™s clear many on these forums wouldnā€™t take benefit tenants on that alone. Also to set how peope live and how frugally they use money. With a widening gap between wages and rents the government gets to set what is affordable so you donā€™t get abuse from many bad landlords. The good landlords will still take people who are lower than x30 on all the facts if they show they are not going to default.

The government sets the LHA rates that apply to housing element of UC. The rental markets sets the market rate of rent, ie what private tenants are willing to pay. The LHA is on average probably 20% below what self funding private tenants are willing and able to pay. By setting LHA so far below market rates the government are effectively confirming private rentals are unaffordable for those that depend on UC.

The regulations also mean landlords arenā€™t willing to take a risk given it takes so long to evict a bad tenant. I do have good long term tenants who are on UC and i do agree with a lot of what you say but rule changes (lower deposits, longer eviction times) along with interest and tax increases just means it isnā€™t worth the risk anymore so i will probably sell when each tenant leaves.

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Individual landlords making up their own affordability criteria might have a problem, but thatā€™s not what we are talking about here. 30x rent is a long established industry standard of affordability and any landlord adopting it would have some protection from a discrimination claim.

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No thatā€™s immutably not true. Case law changes and is in flex and discrimination claims are not just based on ā€œestablished industry standardsā€ but all the facts of the case. In a climate of rents going up proportionately much higher than earnings this is even more so and you donā€™t get to set and keep ā€œstandardsā€ the same - the courts will look at this as to whether it is reasonable or not. Also whether the other companies policies discriminate eg checking company.

run and run round and round David .waste of your time

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Thatā€™s not true though as universal credit allows a personal allowance element on top of the housing benefit element which means UC can cover rent. In fact the property I went for was under by about Ā£200 of my total UC I receive, before the letting agent said I didnā€™t have x30 salary so couldnā€™t view it. I think my personal allowance is around Ā£400-Ā£450 per month at present. If I submit invoices in my self employed business Iā€™ve started I still get this personal allowance element but any net profit from an invoice wipes out the housing benefit aspect of universal credit if I exceed it and not if I donā€™t. Obviously the aim is to come off UC and be self reliant before the start up period ends at the end of the year and earn more money!

Also if you have tenants who claim UC they are probably on part time jobs too so they get the personal allowance and housing benefit element as well. But people can do survive on low incomes and itā€™s much more likely the people who default are irresponsible types and this is not correlated with being universal credit per see.

But I am going to take this further and pursuing the letting agent. Iā€™m aggrieved as Iā€™m trying to be enterprising and there is scope I can get other people work, not just me, in a business and website Iā€™ve set up. If landlords donā€™t give me a chance and institute policies like you must earn x30 rentable income then it makes my chances of succeeding in the business much diminished and thatā€™s not in the public interest.

Credit and affordability checking is best practice. It is recommended by Government in its How to Let guide and it is a local authority requirement as part of their licensing schemes. There is zero chance of any successful discrimination claim against a landlord for rejecting an application that doesnā€™t meet recognised affordability criteria.

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You are blatantly ignoring what is or isnā€™t affordable on all the circumstances and recognised criteria is not immutable and set in stone.

Zero chance! (20 characters)

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Iā€™ve been on here for a few years and noted that, from time to time, we have posters say things like this. Not a single one has ever reported back with a report of a successful outcome of their grievance in the face of advice here to the contrary. David is well within his rights to ā€œblatantlyā€ ignore something which is irrelevant to being a good LL.

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Itā€™s because this is a landlord forum predominantly.

No, its because you are wrong.

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I donā€™t suppose many people are particularly bothered to ā€˜report backā€™ if they sue the landlord or agent for discrimination and recover damages. Job done for most and thatā€™s mainly the job of good press etcā€¦. landlords can keep satisfying they are not doing anything wrong by saying things such as ā€˜no childrenā€™ but at the end of the day laws will come back to bite them and there are means and ways to find out they are discriminating.

Just FYI, I helped a friend of mine sue her ex-LL for not providing her with the right deposit paperwork. She won and I reported the entire saga here including the judgement.

And yes, there were LLs here who thought I was being petty so I did it in spite of that negativity because, like you, I donā€™t like LLs who break the law and say ā€œthey are not doing anything wrongā€.

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There are quite a few on here who seem to discriminate with impunity.