No DSS, No Smokers, No Pets

[JustAnotherPoster00]

Sick of seeing those 3 on every single house I look at, I'm disabled (mainly MH related) and I need to move but can't simply because of those

You have to wonder though with the 95% mortgages becoming available again - and they are - who's actually going to rent all these properties with all the strigent t's & c's

My mum owns 2 one bed flats in Manchester and has rented to dss for years - no longer. Horrific payers since housing benefit is now paid to the recipient instead of directly to the landlords and three successive residents have done over £1000 of damage each. And one girl was running a brothel out of it and police were called by concerned neighbours. Mum is in her 70s and just can't afford to deal with the stress and the drama, never mind the fact that she is trying to live of the small income it gives her (former single parent who never received anything from my dad and worked her butt off to rebuild her life after he shattered it).

The trouble is, once you have had a few like that, the good payers and respectful tenants on dss get tarred with the same brush. The most stupid decision was changing who received the housing benefit - it is too easy now for bad payers and it damages the good ones by association.

A landlord can't stop you smoking or having a pet. If they somehow find out you have one they could give you notice to leave (if you're not in the assured period) but they have no right to dictate what you do in your residence.
DSS is harder because you can't really get your foot in the door in the first place

don't - it's usually in the contract. If a tenant does something that's contra the terms - and pets and smoking are very noticeable after tenants leave - it'll likely affect the return of their deposit.

SpookyPotato it doesn't go direct to LL anymore

There are 2 different issues here. Not getting your security deposit back- which covers any damage you cause- and what the landlord can legally control

A landlord can't stop you smoking. They can put anything they like in their contract, it's not legally enforceable.

They can take money for any damage it causes- but that in no way stops you doing it

Just don't tell them you smoke and do it outside. It's none of their business unless you are doing it inside the property.

As for pets (and I say this as a dog owner) that is just how it is. Animals smell. Some people don't want that. Yes I know people without pets often cause more problems but if someone doesn't want animals in their property that's their choice just s it was your choice to get the animals.

The DSS thing is often the fault of insurance companies and the government should do something about them so they can't discriminate.

I guess I'm lucky. I'm a hb council tenant. I hated privately renting because it was a nightmare to get the LL to fix anything and then they'd suddenly decide to sell the property and all of a sudden your homeless!!

The no HB things is obviously a problem that council/government had caused by either not paying the benefit directly to the tenant, messing around sorting out claims, or reclaiming benefit off the LL which is ridiculous. Or the fact that you do have to be physically homeless for the council to help you out with housing.

There are bad landlords and bad tenants but the people who seem to cause the most problem are the council.

Oh and by the way, I do treat this house like my own, I maintain it and keep it clean. If the cat pees or pukes I clean it up, if the kids wreck something I fix it, if it needs decorating I decorate. I think it's possibly some LLs tendency to treat tenants like temporary residents or incovenient lodgers that causes some tenants to treat a house, not like it's their own, but like its not their own so it doesn't matter if they foul their own nest.

Again, some LLs, some tenants.

You can still have the rent paid direct to the LL by the local authority, providing the tenant agrees.

I have a number of properties and I do let some to those on benefits, mainly because of the area where some of the properties are. I have had some nightmares, the main concern being that even when you have received the rent, whether direct from the council or from the tenant, the council have the right to demand any rent back if they discover a problem with a claim. This happened to us when a tenant was claiming HB for several properties and it was only discovered after 2 years ... guess what the council wanted 2 years rent repaid, not by the tenant but by me!! We ended up negotiating an agreed amount to be repaid but it was a nightmare.

I've had a tenant opening the door with a machete in his hand telling me to f** off out of HIS property. He knew we were coming, with the managing agent to discuss the complaints we were receiving about his anti social behaviour

And yet I have 2 tenants who have been renting from me for over 10 years and never once missed a payment.

It does depend on the area and whilst I still rent to those on benefits I would prefer not too ... having a third party paying the rent, i.e. The council, does create much more hassle

A landlord can't stop you smoking. They can put anything they like in their contract, it's not legally enforceable.

I don't think that's correct. There are limitations on enforceability because of the Unfair Terms in Consumer Contracts Regulations, but AFAIK (I'm a lawyer, but not a housing bod), things like smoking and pets aren't seen as unfair contract terms - they directly impact the condition of the property and are seen as standard.

You can look up the 2009 Foxtons case if you'd like to wade through the legislation.

The reason "they can take money for any damage it causes", is because it's a breach of contract.

I'm another landlord who has had huge problems with HB tenants.
The benefit cheque goes to them and is then spent not paid over for the rent.
Unpaid rent, damage and difficulty of getting the property back make it too much of a risk.
Recommendation amongst my local colleagues is not to offer accommodation to smokers as if there is a choice they would rather buy tobacco rather than pay the rent.

Of course a landlord can prevent you from smoking, or more to the point, claim damages in the event that you smoke in a non-smoking flat.

Contracts aren't meaningless just yet.

Are we equating smoking with a class drugs now ?

Sorry but I wouldn't allow pets and I defo would not allow smoking it's foul

And I can see why people don't want people on welfare because
A- if you want them out its impossible the council actively help the, to stay in your property as often they have no were to put them

b- if the pavements go direct to renter often around christams Ect people simply stop paying

c- more chance of anti social behaviour as people who are working often aren't simply at home to play loud music of have people in and out all day

I'm a LL too. I welcome pets. Smokers are OK as long as they are happy to smoke outside. DSS definitely not.

HB is too low anyway and wouldn't cover the rent. But even if it did, the fact that it is paid to the tenants first makes it too much of a risk.

Cav - It's a bit more complicated than that.
You have to show evidence (ie Tennant has to already be in arrears) that they are not managing monthly payments.

Other factors I believe are severe disability (claimant would have to be so ill they physically can't log on to a computer and make the payment) domestic violence (and let's be honest if you've got that happening in your property rent being paid is just the first on a list of things you'll have to worry about) and I think drug abuse.

It's also very much left to the person who sees the claimant at the JCP so if you get someone who thinks they know better and decides to say no there is not much you can do.

c- more chance of anti social behaviour as people who are working often aren't simply at home to play loud music of have people in and out all day

I'm a SAHM on benefits. I can assure you I don't have loud music on all day or have people in or out all day!!!

How can they stop you smoking? They don't have a right to enter to check. your right to quiet enjoyment is statutory and you can't over write statutory law by putting something in a contract.

You can certainly have deposit held back after you move out, and if the landlord found out you smoked and you didn't have the protection of a fixed term contract they could give you notice. But they cant stop you.

And regarding smoking, yes I get why LLs don't want it, it's not a nice habit and homes stink afterwards but it's not that easy to quit and isn't helpful advice right now. Moving homes is one of the most stressful things to do!

As far as evictions go I've never ever understood why the council advise people to stay put until the landlord gets the high Court bailiffs in (I do believe they're the only ones who can force an eviction and it costs a lot of money too).

It's just delaying the inevitable and they're putting more pressure on themselves because this is a big reason many don't want to rent to benefit claimants and I can understand why tbh.

imnotreally - yes it's hard to stop, but it's not hard to smoke outside. Surely that's what most people do these days anyway?

I leave some (6) houses and the hassle I've had when renting to HB / DSS tenants is far more frequent. I'm not saying so about everyone OP, but statistically true. In a similar way to the way insurance companies put up your premium even after an accident where you weren't at fault. You're statistically more likely to be a bad customer. I also have "no students" stipulated on some ads.

As a LL, I want to make money. Of course I try to be a nice person but I'm primarily making money for the benefit of my family.

The no DSS is discriminatory and shouldn't be allowed - if it's coming from mortgage lenders, they shouldn't be allowed.

The whole phrase is reminiscent of the shameful 'no dogs, no blacks, no Irish' stipulations of the 70s.

Basically if you're at all vulnerable, this country isn't interested.

I don't think you can compare DSS or whatever else as a protected characteristic. Protected ie. you can't change it.

Iceice - yes the having to go to court to evict someone is another reason I wouldn't take HB tenants.

Landlords are well within their rights to inspect a flat if they suspect you are smoking indoors. They will need to give notice of a visit however. If they suspect you are smoking then you are going against the tenancy agreement and you can be forced out.