Response 470003719

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Introduction

5. Please indicate if you are providing a response:

Please select one item
Radio button: Ticked As an individual
Radio button: Unticked On behalf of an organisation or business

Policy Objectives of the Bill

6. Do you think that the Bill will meet its overall policy objectives as above?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked In Part

7. If you foresee any unintended consequences of any of the policy objectives of the Bill please describe them here.

List any any unintended consequences of any of the policy objectives of the Bill you foresee.
Increase in rents at outset of tenancy to mitigate additional costs to landlord caused by additional requirements and regulation and inability to have a higher deposit to protect against defaults by tenants

Theme 1: Tenancy Management: Clauses 1 and 2

8. On Clause 1: Do you think it is suitable for regulation making powers to prescribe the detail required within such a notice or should this detail or certain particulars in it be on the face of the Bill?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Other
Please elaborate
Don't understand as not in clear English

9. On Clause 1: If you are you aware of details of similar notices or Statements of Tenancy in other jurisdictions that you feel work well, please provide information.

Provide information of details of similar notices or Statements of Tenancy in other jurisdictions that you feel work well
No

10. On Clause 2: How do you feel this clause, which introduces Schedule 1, is, or is not, sufficient to deal with certain past matters (required due to the accidental repeal of Article 4 of the Private Tenancies (NI) 2006 Order – see EFM for details)? Please include any instances, of which you are aware, in which the accidental repeal of Article 4 has had a negative impact?

Your views on how Clause 2 deals with certain past matters
Don't understand as not in clear English

11. On Clause 2: Please inform us of any other perceived issues in relation to tenancy management that are not in the Bill, that you wish to highlight to the Committee.

Any other perceived issues in relation to tenancy management.
No idea

Theme 2: Rental Payments and Rental Deposits: Clauses 3, 4, 5, 6 and 7

12. On Clause 3: Do you feel that the clause offers sufficient protection to tenants with regard to the provision of receipts for cash payments?

Please select one item
Radio button: Ticked Yes
Radio button: Unticked No
Radio button: Unticked Other

13. On Clause 3: In your experience what, if any, particular types of tenants pay their rent in cash?

Clause 3: what, if any, particular types of tenants pay their rent in cash?
All my tenants pay by DD

14. On Clause 3: Please provide any suggestions in respect of how tenants can be made aware of their right to be provided with a rent receipt for payments in cash.

Clause 3: Suggestions in respect of how tenants can be made aware of their right to be provided with a rent receipt for payments in cash
No idea

15. On Clause 3: Please tell us how robust you consider the mechanisms currently in place for tenants to complain, should their landlord or agent refuse to issue a receipt for a cash payment.

Clause 3: how robust you consider mechanisms currently in place for tenants to complain, should their landlord or agent refuse to issue a receipt for a cash payment?
No experience

16. On Clause 4: How appropriate do you consider the limit of no more than 1 month’s rent on the amount of deposit that is required in connection with a private tenancy?

Clause 4: How appropriate is a limit of no more than 1 month’s rent
Don't agree, if a tenant defaults on their rent can be several months to evict and the landlord might not recover. Also having pets means I would seek a larger deposit against damage. Where is the protection for landlords against bad tenants, will the Executive propose a bond to cover this?

17. On Clause 4: Please provide any further comment on the affordability of tenancy deposits.

Clause 4 - Any further comment on the affordability of tenancy deposits.
Not my responsibility as a Landlord, it is the tenants'

18. On Clause 4: The Bill restricts Deposits to one month’s rent. There is no specified restriction to limit the amount of rent in advance required. Please express any views you may hold in that regard.

Clause 4: Please express any views you may hold regarding rent paid in advance.
Part of the deal, you offer your service, ie the accommodation, on these terms and find someone who will accept them

19. On Clause 5: Do you feel that extending the time limits outlined in this clause are sufficient and necessary?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Other
Please elaborate
No view

20. On Clause 6: Are you in favour of there being no time barrier on prosecuting a person who fails to comply with the set requirements of the amended Article?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Other

21. On Clause 7: The Bill provides for restrictions on the frequency of rent increases (to any private tenancy except a controlled tenancy). What is your view on these restrictions?

Clause 7: What is your view on restrictions on the frequency of rent increases
It is a contact with terms, what ever is in it is agreed by both parties, why does Government think they can intervene.

22. On Clause 7: What are your views on a rent increase only taking effect if a landlord gives the tenant a written notice that complies with certain requirements?

Clause 7: your views on a rent increase only taking effect if a landlord gives the tenant a written notice that complies with certain requirements?
The contract should state the conditions for rent increases and changes should be in writing

23. On Clause 7: Do you feel it is appropriate that the Department will be given the power to specify circumstances in which the restrictions on rent increases will not apply (for example, if house is renovated/extended)?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Other
Please Elaborate
Nothing to do with them in a fee market economy. If they wish to control the rental sector, build properties and let them out.

24. On Clause 7: Are there any other comments you wish to make in respect of rent, rent deposits and affordability?

C7: Are there any other comments you wish to make in respect of rent, rent deposits and affordability?
It is a free market, landlord whether accidental or intentional should be able to manage their own business. Time would be better spent chasing unregulated landlords, cash payments not declared to HMRC etc

Theme 3: Property Management Standards: Clauses 8, 9 and 10

25. On Clause 8: In your view will this clause meet its stated aim of reducing the risk of injury or death caused by fire, smoke and carbon monoxide in private tenancies?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Other

26. Clause 8 gives the Department the power to set minimum standards for the purpose of determining whether the duties of this clause have been complied with. What is your view on this?

Please elaborate
Enough statutes at present

27. On Clause 8: The clause refers to the landlord’s ‘knowledge of disrepair’. What is your view of this provision?

Clause 8: your view of provision re the landlord’s ‘knowledge of disrepair’
Will favour proper landlords who invest in their estate

28. On Clause 8: In respect of tenancies granted before this clause comes into operation – the requirements and duties of the clause only apply from a date in the future to be prescribed by the Department in regulations. What is your view on this provision?

Clause 8 - Your views on clause comes into operation – the requirements and duties of the clause only apply from a date in the future
No view

29. Are there any other comments you wish to make on Clause 8? (For example, good practice from other jurisdictions; need for support for tenants and landlords to understand their duties; mechanisms to allow tenants to complain if the duties are not fulfilled).

Clause 8: Any other comments
No comment

30. What is your view on Clause 9, which introduces Schedule 2 and will enable the Department to make regulations concerning the energy efficiency of dwelling houses let under a private tenancy?

Clause 9: Your view on this clause which introduces Schedule 2 and will enable the Department to make regulations concerning the energy efficiency of dwelling houses let under a private tenancy?
Who is expected to provide the money. Letting should have EPC certificate, I doubt tenants look at it

31. On Clause 9: In your view does this clause and related schedule future-proof the legislation sufficiently with regard to energy performance certificates (EPC)?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Other
Please elaborate
Will increase rents, or reduce rental housing stocks. Perhaps if the Executive hadn't spent £500m on RHI there would be money available to improve insulation in existing rental housing stock

32. On Clause 9: Please share any thoughts you have on what minimum EPC banding should be applied. Are there any examples of good practice from other jurisdictions you would wish to highlight?

Clause 9: Share any thoughts you have on what minimum EPC banding should be applied. Any examples of good practice from other jurisdictions?
EPC is a joke as is, if minimum standards were set and certificate actually reflected the true value of properties a lot of rental properties would be excluded

33. On Clause 10: Please give us your views on this clause which introduces Schedule 3 and enables the Department to make regulations concerning electrical safety standards in private tenancies.

Clause 10: Please give us your views on this clause.
And will you be doing the same for all other properties? Where is the evidence of problems occuring within the current system?

34. On Clause 10: Please give us any thoughts you may have on how compliance with the standards should be monitored and enforced.

Clause 10: Your thoughts on how compliance with the standards should be monitored and enforced?
More red tape = cost = increased rents.

If I was buying a house I would have a survey done at my expense, why should prospective tenants not have a survey carried out?

35. On Clause 10: Please share any further comments on property standards/property fitness in the private rented sector.

Clause 10: Please share any further comments on property standards/property fitness in the private rented sector.
I ensure my properties are maintained and of a good standard to attract sound long term tenants who can pay their rent and treat the property with respect.

Instead of more regulation for legitimate landlords go after the properties rented for cash by landlords who don't declare their income, don't pay their taxes and are not registered.

Set up a informant service to allow those tenants to complain and then investigate along with HMRC

Theme 4: Security of Tenure; Clause 11

36. Clause 11 amends Article 14 of the 2006 Order so that the Article will only deal with notices to quit given by landlords and that they must be in a certain form and contain certain information. What is your view on this?

Clause 11 amends Article 14 of the 2006 Order - What is your view?
OK

37. On Clause 11: What is your view on the range of time periods regarding notices to quit depending on how long the tenant has been in the house?

Clause 11: your view on the range of time periods regarding notices to quit depending on how long the tenant has been in the house.
The landlord notices are too long, current time scales are OK.

38. Clause 11 gives the Department power, by regulations, to alter notice to quit periods in some tenancies. What is your view on this?

Clause 11: Your views on the Department power, by regulations, to alter notice to quit periods in some tenancies.
No. It is in the contract, again if you want to meddle buy you own housing bank

39. On Clause 11: Are there any wider issues relating to security of tenure that are not contained with the Bill that you would wish to bring to the Committee’s attention?

Clause 11: Are there any wider issues relating to security of tenure that are not contained with the Bill.
On the flip side why can't poor tenants be moved on and release the stock for more worthy families

Clauses 12-14

40. Please give us any views or comments you wish to make on Clauses 12 (Interpretation), 13 (Commencement) or 14 (Short title).

Comments on Clauses 12, 13 and 14
No idea

Views on Offences. Any other Comments

41. Do you have any views or comments on the offences and penalties created by the Bill?.

Any views or comments on the offences and penalties created by the Bill?
Can't see where these are stated

42. Please share with us any other views or comments you wish to make in connection with the Bill.

Share with us any other views or comments you wish to make in connection with the Bill
You need to encourage private landlords as Government hasn't the finance or the will to replace this housing stock.

In recent years the changes in legislation, ie mortgage relief, red tape, has reduced the number of landlords, if they sell their properties will it be to those who can afford them as homes or to less scrupulous landlords wanting to maximise returns?

Does either case satisfy your desired outcomes?