This presentation outlines some of the many ways in which English law overprotects bad tenants, so that the rights of a bad tenant greatly outweigh the rights of other tenants and neighbours and the landlord, and that justice can be avoided. It ends with some suggested laws to improve balance & effectiveness.

1. Bad Tenants – Bad Justice In www.slideshare.net and www.authorstream.com search for “ bad tenant ” to find this presentation. You can enter your comments in www.slideshare.net. I am a landlord & manager of a House in Multiple Occupation, and this presentation is based on my many experiences of bad tenants. Very many other landlords have similar and worse experiences. This presentation outlines some of the many ways in which English law overprotects bad tenants , so that the rights of a bad tenant greatly outweigh the rights of other tenants and neighbours and the landlord, and that justice can be avoided. It ends with some suggested laws to improve balance & effectiveness. Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

2. Definition & Examples of “Bad” Bad Landlord Bad Tenant Unfair & Antisocial e.g. Steals from tenants e.g. Harasses tenants e.g. Harasses other tenants / neighbours & landlord e.g. Steals from landlord e.g. Unjustifiably withholds rent e.g. Makes much noise & mess e.g. Damages tenant’s property e.g. Damages landlord’s property e.g. Trashes premises Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

3. Bad Landlord - Remedies Tenant can move elsewhere. Criminal law. Civil action. Compensation. Blackmail. Bad publicity. Often these are effective because the Landlord has a fixed address. Even a good landlord can be blackmailed and be given bad publicity by a lying bad tenant. Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

4. Bad Tenant - Consequences If landlord does it, even a few times, then WHAT HAPPENS? Awful for other tenants & neighbours:- Awful for landlord:- Disturb (e.g. frequent loud noise). Make unpleasant (e.g. leave common areas messy). Cause work (e.g. make common areas very dirty). Intimidate (e.g. if rough guests). Upset, get on nerves, cause sleeplessness etc. Force them out. Cause much work that should be unnecessary. Upset, get on nerves, cause sleeplessness etc. Cause much expense that should be unnecessary. Lose good tenants and/or pay them compensation. Tenant can do it CRIMINAL offences with severe penalties. Make unsafe. Disable some utilities / services. numerous times month after month. Tenant can do it numerous times month after month. Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

5. Bad Tenant – “Remedies” Criminal law. Civil action. Compensation. Blackmail. Bad publicity. BUT Much evidence required. Other tenants/neighbours intimidated. Police don’t want to get involved. e.g. Police refused to view trashed room. Tenant can move elsewhere. BUT No incentive to move. e.g. rent-free, dominates. Have clear and reasonable:-advert, tenancy agreement, interview, notices, letters. BUT Tenant can lie and violate signed agreements. BUT At a time he/she chooses, the tenant can “disappear”, so all these can be ineffective. Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

6. Bad Tenant – A lot of W.A.T.E. Repeatedly remind tenant of unfair & antisocial actions. Threaten legal action. Give 2 months written notice in a legal way. Tenant continues bad behaviour, so apply to court and pay fees. Wait for tenant to respond, (no penalty for lies to court). Wait for court hearing, (tenant can delay it further). Judge dismisses application (e.g. mistake in form or technicality) Tenant violates court orders. Apply to bailiff and pay fees. Wait for bailiff, (date notified to tenant). Tenant disappears. Increasing w.a.t.e. (wait / weight) :- W ork, A ggravation to landlord & others T ime (>4 months) , and E xpense Court orders for tenant to pay cannot be enforced . Wait for court order date for tenant to leave and maybe to pay landlord. or makes court order giving tenant 2-6 weeks to leave, and maybe to pay. Additional w.a.t.e. Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

7. Bad Tenant – Bad For Society Increase rents to allow for bad tenants Unfair on good tenants & poorer tenants. Increase deposit or initial payment Sell property Less accommodation available to poorer people. More court cases Less & slower justice for most needy people. Get away with civil offences Progress to criminal offences. No incentive to improve behaviour Decent people suffer more in society generally. Like bad tenants, bad justice / bad laws are Unfair & Antisocial Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11

8. Some Suggested Laws 2. Have penalties (payable to the court and/or claimant) at the judge’s discretion for anyone (landlords, tenants, or anybody in any situation) who is proved to:- - lie deliberately in writing or verbally to the court, and/or - cause unnecessary expenses / aggravation . 3. Have penalties and possible police action for anyone ignoring Court orders . 4. Let all money claims be adjustable during the course of the claim, so that as anyone continually increases their debt (e.g. rent /electricity/damage) , then when it gets to court the amount claimed can be more than at initial application. 1. a. For a bad tenant, allow landlord to give 1 month notice . b. Allow application to court starting 1 week after giving notice . c. Allow to arrange in advance for bailiffs to evict a tenant the day after the court orders the tenant to leave by . d. Under certain conditions (penalties against landlord if not fulfilled), allow eviction by bailiffs without needing court order . What do YOU think? 5. Have extra penalty if anyone having a court order against them moves home without informing the claimant of their new address . In www.slideshare.net and www.authorstream.com search for “ bad tenant ” to find this presentation. Bad Tenants - Bad Justice www.slideshare.net and www.authorstream.com Slide © Jeff Moine 13-May-11 to 04-Jun-11