Enhancing Urban Safety and Security - Essay Example

Running Head: Housing Law Assignment Introduction Until the first half of twentieth century, the plight of the tenants in general was well known. In Britain and the other Commonwealth countries, landlords used to have a natural grip on the law makers. Most complaints received put forward the inaction of the respective local governments to change the status of the premises and securing residential area on the contract of employment, privatization, etc. At eviction from the premises, irregularities in the process of tenancy and rent control were manipulated by the landlords. Violations of the law were usually admitted to the territorial offices of the state property. However, the colonial structure was not amply sympathetic towards the tenants until democratic reforms were widely carried out. The political reforms were followed by the social and legislative ones, which empowered the tenants, particularly in the developed countries of the Commonwealth. Nevertheless, there was no strong and well-thought legislative framework to deter violations of the rights of the tenants by the authorities and the landlords. The municipalities were not beneficial to the old buildings, dormitories, etc. and the private companies and firms had no desire to comply with the law and mark the buildings as residential premises under the municipality. Even after widespread modernisation and democratisation, the problems of the tenants could not be eradicated altogether. The Housing Act 2004 (Commencement No. 11), however, aims at redefining the dimensions of housing security of the UK citizens at large. Further, the Homelessness Legislation has energized the community effort and the local governments to safeguard the interests of the tenants. Contextually, the case of James does not appear to be very different from the core issues of tenancy in the UK. After the recent economic crisis and negative growth, housing problems have become preponderant. Particularly, the relationships between the tenants and the landlords have been considerably strained due to the difficult situation of the real estate industry. And the problems that are being faced by James appear to be in continuity with the contemporary housing issues of the UK. Background of the Problem James, who is a tenant of a house owned by the South Bank Properties plc, has been suffering from some mental problems. He dwelt in the aforesaid house for a couple of years. Three weeks ago James complained that the central heating system of the house was not working properly. Moreover, condensation in the bathroom and kitchen was faulty. Also, he complained of broken and cracked windows. Overall, he informed the landlord that there were certain issues and the dwelling premises called for repair. The officials at the South Bank Properties plc promised him that they would conduct the necessary repair works but nothing was done in reality. In protest, James did not pay rent for the last two weeks and continued to complain about the disrepair. Yesterday, when he came home, he found that the locks had been changed and the landlord had left him a note, which informed that his tenancy had been put to an end. Also, the landlord had seized away James’ personal belongings, which he could now collect from the landlord’s head office. Statement of the Problem This is a case of an abrupt termination of a relatively long term tenancy in the contemporary context. The strange fact is that the landlord did not do its duties properly. The tenant was already going through various problems due to continued disrepair. Yet, the landlord evicted the tenant who was the actual sufferer. Moreover, no prior warning or notice had been given to the tenant and the tenant’s personal belongings were carried away without his permission or knowledge. Summary of Facts 1. James has lived as a tenant in the dwelling for two years. 2. James has some psychiatric problems. 3. He has complained trough the last three weeks about disrepair. The disrepair involved: (i) Broken and cracked windows, a serious challenge to James’ personal security and inviolability. Moreover, repairing would involve works in the exterior of the building. (ii) Repair of central heating system, a necessary mechanism for living in the severe winters of the UK. (iii) Faulty condensation in the kitchen and the bathroom. 4. Yesterday, the landlord changed the locks of the dwelling to deny entry. James cannot enter the premises now. 5. His personal belongings have been seized away and stored in the landlord’s head office without his consent and knowledge. 6. James had stopped paying the rents to the landlord for last to weeks as a protest. Analysis The council must adhere to the basic principles of legal ethics and assist and advise the applicant impartially and empathetically. Further, certain critical questions concerning the case are being discussed below: 1. Has his tenancy been lawfully terminated? Termination of the applicant’s tenancy does not appear to be lawful. The reasons need to be listed and explained: 1. According to the website howtobooks.co.uk, the tenancy laws can be explained in a simplistic legal language. The Housing Acts actually provide for a legal framework, which controls the different residential tenancies. This framework offers statutory protection and integrity to both the tenants and the landlords. James’ case has to be dealt with under the matters that include (i) eviction, (ii) tenancy termination, and (iii) possession rights. (i) James can take the general legal proceedings for being evicted. (ii) He can complain about the termination of the tenancy without any warning. (iii) The landlord has shown complete disregard to James’ possession rights. Also, the seizure operation by the landlord can be challenged under the Data Protection Act 1998 and the privacy laws of the UK. 2. There is appropriate legislation that affects the furnishings and repair works of a dwelling house that has been lent out. This issue will be discussed later under the question in regards of the repair works issues. 3. According to the howtobooks.co.uk, “Most lenders insist on prior notice being issued to tenants (under Grounds 1 and 2 of Schedule 2 of the Housing Act 1988)”. Generally, such a notice is appended within the given tenancy agreement. Therefore, the council must immediately go through the tenancy agreement involved in this case. 4. According to the official portal statute.gov.uk, the Housing Act 1996 declares that all the tenancies, which came into existence after 28th February, 1997, are of the ‘assured shorthold’ type. Clearly, South Bank Properties plc has utterly neglected the important factor of assurance in James’ case. 2. Does James have Security of Tenure and (if so) what does this mean? As a matter of fact, in absence of the security of tenure (from the tenant’s viewpoint), landlords would be “tempted” to evict the tenants or impose new conditions or sanctions on them even in the presence of an effective rent control (Wolman, 1975). Problems concerning the security of tenure, which puts the tenants in a stronger position, exist in the developed countries also (United Nations Human Settlements Programme, 2007). This reality has been acknowledged by the European Economic Community too as early as the year 1989. We find this in the Supplement to the Official Journal of the European Communities (Volume-32, Issues 189-199), where the housing situation of the contemporary Western Europe has been elucidated. The above discussion helps us to comprehend the importance of the security of tenure in regards of a tenancy. Under the significant Landlord & Tenant Act, 1954, a tenant of the premises enjoys a right to recommence her or his tenancy through a term at most fourteen years. Also, while waiting for the new tenancy, the tenant is entitled to utilise the premises according to the terms and conditions of the old tenancy. In the case of James, the landlord has issued a notice to terminate his tenancy (which came with the termination itself). By the virtue of the security of tenure, he can now issue a counter notice through the local court and apply for a new tenancy. However, in this context too, the council must look into the tenancy agreement and examine two critical issues: (i) The council must see whether James was required to repair the property himself. But in that case too, he can be defended since he is mentally unsound. Moreover, repair of the central heating system is a responsibility of the landlord. Repair works that involve the exteriors of the housing are again responsibility of the landlord. (ii) James had stopped paying the rents for the last two weeks. The council has to check whether this fact affects his security of tenure with reference to the tenancy agreement. 3. What duties, if any, are owed under the Homelessness Legislation The Part VII of the Housing Act 1996 (as amended through the Homelessness Act 2002) defines the duties of the society and the state have towards people who are homeless (London Borough of Hillingdon, 2007). An individual can be marked as homeless under the following conditions: 1. The person has nowhere to live 2. The person is living somewhere without proper legal rights on that premises and has been asked to leave the place. 3. The person has somewhere to live, but cannot get access to it. 4. The person has somewhere to live, but somebody else at that place is violent towards her or him. 5. The person is without any place to live due to an emergency like flood, fire, heavy rainfall, etc. The third point mentioned above is applicable in the case of James. Further, if James is not an illegal or a sponsored immigrant and also not an asylum seeker (who has not approached the Government in a proper way), he is eligible for support (London Borough of Hillingdon, 2007). Moreover, although James had recently withheld the payments of his rents, he has some mental health problems and can be regarded as vulnerable according to the governmental guidelines on homelessness. In this context, we must keep in mind the provisions of the health and Social Care Act 2001 (c. 15) and the Health and Social Care (Community Health and Standards) Act 2003 (c. 43). In accordance with these provisions, the social responsibilities of the landlord (which is a Public Limited Company in the UK) towards a mentally unsound tenant cannot be denied. Contextually, the council must also amply guide and assist James so that he can get the support he deserves through a proper channel. An interim “Bed-and-Breakfast” accommodation should be provided to him by the responsible local authorities. The accommodation must be safe and tidy with sufficient facilities for cooking. Moreover, continuous legal support has to be provided to him so that he can be legally re-admitted to his previous accommodation. 4. What remedies does he have in relation to the disrepair? According to the Government portal direct.gov.uk, the landlords and the tenants must understand their respective responsibilities. In relation to disrepair, the landlord has the responsibility of conducting the structural and external repair works of the premises concerned. The landlord must ensure that the property is appropriately maintained for safe habitation. Further, in accordance with compactlaw.co.uk, the landlord is particularly responsible for repairing the heating systems, sanitations, doors and windows, etc. So, James had rightly requested his landlord to conduct the necessary repair works in his premises. These responsibilities of the landlord get implied to the tenancy agreement even if nothing is actually written in it in this regard. So, the council must proceed according to the tenancy laws. However, the tenant is also required to pay the rents in regular intervals. The tenant does not have the right to suspend the rental payments until the repairs are done. But in that case to, the landlord has to obtain a possession order and evict the tenant through court. Also, the tenant can demand compensation for the anxiety, difficulty, and distress caused by the disrepair and the landlord’s aggressive actions. Moreover, the landlord cannot do away with its responsibility to conduct the necessary repairs since this issue is related to the public health matters as well. In case the landlord does not carry out the vital repair works like those of repairing the heating system, condensation, sanitation, etc. in a proper way and within a reasonable period of time, the tenant can resort to criminal proceedings against the landlord under the Public Health Act in the Magistrates Court. For a while, the act of not paying the rents by the tenant for a period of two weeks may appear to be very irresponsible. But James has some mental problems and he must not be subjected to anxiety and tension. James waited for a week in hope that the landlord would at least initiate the repair works but the landlord did not cooperate. James already deserves financial compensation for these irresponsible actions of the landlord. James had informed the landlord about the disrepair in proper time. After that, he waited for a week but his landlord did not cooperate. 5. How can James be readmitted to the house? Under the tenancy laws of the UK, it is understood that the major external and structural repairs of the premises is the responsibility of the landlord. In the case under scrutiny, James complained about the disrepair, which was a direct responsibility of his landlord, the South Bank Properties plc. In such a state of affair, the council can utilise the Public Health Act to solve James’ problem and need for compensation. Since James has some mental problems too, the provisions of the Health and Social Care Act and the Health and Social Care (Community Health and Standards) Act can also be applied in this regard. Moreover, the Homelessness Act 2002 is strongly applicable to James’ case since there is the written evidence of the eviction notice to (Andrew, B., 2004). Hence, the council must help James to access his premises once again and collect his belongings from the landlord. Further in this context, in the UK, the Sex Discrimination Act, Disability Discrimination Act, and Race Relations Act apply to anybody who is selling, administering, or letting a property. In the context of Disability Discrimination Act, the terms “disability” and “disabled person” are very specific (Chelliah, R., 1996). James must be medically examined to confirm that the nature and extent of his mental problems are enough to mark him as a disabled person in the eyes of Law. Thus, James might obtain the entitlement of being a disabled person too and this will put his landlord under more pressure and questions. The act of terminating the tenancy and the way of termination appear to be unlawful and in direct contradiction with the security of tenure, which is another important defence for James. A combined effect of all these reasons and legal issues can help James to obtain re-admittance to the house without compromising his self respect. Conclusion The tenants are often victimised by the irresponsible actions of the landlords. Although the landlords are increasingly becoming aware of the contemporary law and systems, certain misunderstandings may take place. The Government must conduct large scale awareness programs about the existing rules and regulations so that both the tenants and the landlords are benefited alike. In the case of multiple occupations, the tenants can team up and handle the issues with their landlord in a relatively organised way. But in the case were the tenant is not a multiple occupant, thing may become very difficult for her or him. Discrimination due to gender, disability, marital status, etc may take place. Unlawful termination of a tenancy is taking place even in the developed countries. Therefore, the legal agency must look into the existing laws and amend them suitably so that the number of housing issues in the country can be minimised, if not eliminated altogether. In the past, although there was no sturdy legislative structure to prevent the contravention of the tenants’ rights, today’s legal scenario is pretty different and provides us reasons to be hopeful in the context of the tenant’s rights. Yet certain shortcomings remain as far as the implementation of the rules is concerned. Hence, the legal authorities need introspection, simplification of technical language, and development of sincere functionality. References Andrew, B. (2004). Homelessness [vol. 2] Written Evidence: House of Commons Papers 2003-04 1116-II: Vol 2. London: Stationery Office Books. p 20-56. Chelliah, R. (1995). The Disability Discrimination Act 1995: A guide for local authorities. London: Local Government Information Unit. p 1-44. European Economic Community, European Coal and Steel Community, & Euratom. (1989). Supplement to the Official journal of the European Communities, Volume 32, Issues 189-199. Luxembourg: Office For Official Publications Of The European Communities. p 89. How To Books - Publisher & Online Book Store.(2010). Tenancy Law - UK tenancy advice & tips. Available:http://www.howtobooks.co.uk/property/buy-to-let/tenancy-law.asp. Last accessed 5 May, 2010 Legal Documents, Legal Agreements, Legal Forms - compactlaw.co.uk . (2010).Disrepair. Available: http://www.compactlaw.co.uk/free-legal-information/public-housing/disrepair.html. Last accessed 3 May 2010 London Borough of Hillingdon. (2007). Homeless Legislation and How It Affects You. Middlesex: London Borough of Hillingdon. p 1-24. Statute Law Database. (2010). Results within Legislation - Statute Law Database. Available: http://www.statutelaw.gov.uk/legResults.aspx?LegType=All+Primary&PageNumber=2&NavFrom=2&activeTextDocId=2962382. Last accessed 5 May 2010. United Nations Human Settlements Programme. (2007). Enhancing Urban Safety and Security: Global Report on Human Settlements 2007. London: Earthscan Publications Ltd. p 15. Website of the UK Government: Directgov.(2010). Landlord and tenant obligations : Directgov - Home and community. Available: http://www.direct.gov.uk/en/homeandcommunity/buyingandsellingyourhome/lettingyourhome/dg_4001391. Last accessed 3 May 2010 Wolman, H. (1975). Housing and Housing Policy in the US and the UK. Lanham, MD: Lexington Books. p 62. Read More