Tenancy Deposit Schemes

 

What is a tenancy deposit?

A tenancy deposit is a sum of money which a landlord may ask a tenant to pay at the start of a tenancy.  The landlord holds the money or security ahainst the tenant not meeting their obligations in connnection with the tenancy agreement.  The tenancy agreement should set out the circumstances in which the deposit may be withheld by the landlord at the end of the tenancy.

 

What is a tenancy deposit scheme?

A tenancy deposit scheme is an independent third party scheme which has been approved by the Department for Social Development (DSD) to hold and protect tenants' deposits until they need to be repaid at the end of the tenancy.

 

Why is the Tenancy Deposit Schemes  legislation being introduced?

There are many benefits to both the landlord and the tenant with the introduction of the tenancy deposit schemes legislation such as:

(1) Tenancy deposits will be protected by an independent third party.  This will prevent deposits being unfairly withheld by landlords or letting agents at the end of the tenancy.

(2) Quick repayment of deposits.  Where a landlord and tenant agree about the return of the deposit it must be returned within 5 working days.

(3) Free access to an independent dispute resolution service.  Every approved scheme will provide a free service to resolve disagreements over the return of deposits as an alternative to taking legal action through the courts.

(4) Provision of information.  Landlords must give the tenant key information about the tenancy, the deposit and the scheme that safeguards the deposit.  Schemes will also provide information about the protection of deposits and their services to tenants and landlords.

(5) Sanctions for non-compliance.  A tenant can report a landlord to the local council if he fails to submit the deposit to an approved scheme and/or provide information to the tenant within the specified time linit.  Councils will have the power to issue fixed penalties in these cases.

(6) Improved professionalism of the private rented sector.  The introduction of tenancy deposit schemes will raise standards in relation to management of deposits.

 

What are the different types of schemes?

There will be two types of schemes allowed to operate in Northern Ireland, the custodial scheme and the insurance scheme.

The custodial scheme, which is free for both the landlord and tenant to use, is where all the deposit is handed over by the landlord to the scheme administrator for safe keeping in a designated account and either the tenant or the landlord can apply at the end of the tenancy for repayment of the deposit.  In the event of a dispute the scheme administrator will hold on to the disputed amount until the dispute is resolved.

The insurance scheme is where the landlord holds on to the deposit and pays a fee and any contribution towards insurance to the scheme administrator.  The landlord refunds the deposit to the tenant when it is due to be refunded.  In the case where there is a dispute, the landlord hands over to the scheme administrator the disputed amount to safeguard until the dispute is resolved.

 

When will the teancy deposit schemes be available?

Once a scheme administrator(s) has been approved by DSD and the necessary publicity of their approved scheme has taken place, it is anticipated that the tenancy deposit schemes will become operational and that the first deposits should start to be protected in early 2013.

 

The introduction of tenancy deposit schemes in Northern Ireland is part of a wider series of measures, including landlord registration, which are intended to make the private rented sector a better option for someone seeking a house.

Ulster identity and the Red Hand

Today the Belfast Telegraph started a count down on 'what makes us feel most proud of ourselves'.  We had ten different things in today's list and the series will continue throughout the week.

 

I was glad to see that one of the ten was the Red Hand of Ulster.  Here is what the article said about it:

Whatever way you look at it, the Red Hand is the symbol for virtually everyone in Northern Ireland, but the flags aren't standard issue.  Protestants show their hand on a white background while Catholics wave their hand on the yellow nine-county Ulster flag.  It's hit and myth why the Red Hand was espoused so eagerly.  You can take your pick from a number of legendary folk who apparently cut off their hand to throw it during a race to claim the crown of Ulster - a forerunner of Game of Thrones, perhaps.

The Red Hand has been adopted by Guinness, a loyalist terror group and a nutter called Luke in Give My Head Peace.

Contrary to popular belief the saying 'caught red-handed' has no connection.

 

The origin of the Red Hand dates back long before the importation of the myth of cutting off a hand and throwing it ashore.  That story was brought back here several centuries ago by wealthy Ulstermen who had gone on a European tour and prior to that the story was unknown in Ulster.  However the real history of the Red Hand of Ulster is for another day.

 

Meanwhile in its editorial the newspaper said:

Old and brand new

Brand names are important in today's world, and our list of some of Northern Ireland's favourites contained in this week's papers are among the best anywhere.

The top 50 includes iconic local brands ranging from Queen's University to the George Best Belfast City Airport and the Odyssey complex.

There are also the essentially Ulster brands such as Lough Neagh eels, linen and the symbolic Red Hand itself.

However there are some surprises, such as the Belfast sink and Genesis bread, all of which provide rich and rare food for thought as we strive to maintain our distinctive Ulster identity and taste in the world of the 21st century.

 

Some of the things included by the panel would be on any Ulster list, such as linen, while others would probably not be on my own list.  However this is an interesting idea and the inclusion of the Red Hand is to be welcomed.

Why Has Gerry Adams called for a border poll?

Last week Gerry Adams called for a border poll and this morning (29 October) the Belfast Telegraph has recalled the results of an opinion poll, which was carried out earlier this year by polling partners LucidTalk.

 

The poll found that only 7% of Northern Ireland voters would vote to remove the border this year.

 

When asked if they would vote to remove it in 20 years time, the figure increased to 32%, with the proportion of the Roman Catholic population who favour unity now or in 20 years still a minority, standing at 48%.

 

Irish nationalists and republicans are losing the argument and this bullish call by Gerry Adams was probably motivated by two things:

1. a desire by Adams, who is a very marginal figure in the Republic, to appear relevant.

2. a desire that his party appear confident about the future direction of travel.

 

Support for Northern Ireland leaving the United Kingdom and joining the Irish Republic is at an all-time low.  That may be an unpalatable fact for Sinn Fein but it is a fact and Gerry Adams' call is simply an attempt to pretend otherwise and to reassure republicans.

 

He knows there won't be a border poll and he would be horrified if one was called, because it would expose how little support there is for taking Northern Ireland out of the United Kingdom.

 

 

 

 

'National reconciliation'

Last Friday Ruarai, a blogger on Slugger O'Toole, commented:

 

I've never subscribed to the 'two Irelands' or 'two nations' theory in Irish politics but Scottish Nationalists be forewarned, it could be coming your way soon.

Therein lies one of the contradictions of nationalism in the British Isles and it is a contradiction between Irish nationalism, Scottish nationalism and Welsh nationalism. Irish nationalists have generally taken the view that because there is an island called Ireland there is also a nation called Ireland. For them, one island means one nation.

 

However Scottish and Welsh nationalists disagree with that position. There is an island called Great Britain but on that one island, they argue, there are several nations, England, Scotland and Wales. Some even argue for a separate Cornish nation but they all agree that one island does not automatically mean one nation.

Irish, Scottish and Welsh nationalists often describe themselves as the 'Celtic nations' so this is very much a family disagreement, although there is generally a polite silence about it.

Recently Declan Kearney of Sinn Fein has been talking about 'national reconciliation', which seems to be a euphemism for 'national unification,' and of course for Sinn Fein the 'nation' is a 32-county nation. Sinn Fein and other Irish nationalists are still founded and fixated on the principle of 'one island means one nation'.

Moreover they believe that the nation should find expression in an independent state.

Kearney may attempt to dress it up in new language but there is nothing new in what he says. For him it is still, one island, one nation, one state.

Dan Walker - sports presenter

Dan Walker is well known as a BBC sports broadcaster, presenting sport on News 24 and covering football for Final Score, Match of the Day and Football Focus.

He is also a born-again Christian and was converted after a Sunday evening service in 1989, when he was about twelve years of age.

Not only does he love the Lord, he loves the Lord's day and has never played sport on Sunday or worked on Sundays. We live in an age when Sunday has become a major day for sport and especially for sport on television but Dan holds true to his faith.

Here is what he says about the importance of the Lord's Day.

Many people - even Christians - have asked me why I feel so strongly about the Lord's day. for me it seems quite obvious. God, our Creator, has given it to us for our own good. Some will argue that Jesus Christ's coming means we are no longer obligated to keep it special but that is a viewpoint I fundamentally disagree with. There are still ten commandments and it is more important than ever before to guard the fourth one jealously.

I think it is also essential to stress the importance of being part of a 'local' church. The church, the corporate worship of God, and the preaching of the Word are three of the mai nthings Satan aims to undermine in the lives of Christians. I know that I would suffer both spiritually and practicaly if I started working on Sunday. I don't think our attitude to the Lord's day is a 'salvation' issue but I do firmly believe that it is a sign of our siritual temperature. What does it say about us if we would rather be on a football pitch than in the presence of God's people hearing His Word?

When people at work ask me why I wasn't covering something like the Wimbledon final, it gives me the perfect opportunity to tell them why I wasn't there and what I was doing instead. The fact that I turned down a lifetime ambition to work on The Open showed the editor of the programme that my faith in Jesus Christ really mattered. It seems weird but God has given me the chance to talk to people like David Beckham and Noel Gallagher about why I would rather go to church on a Sunday.

God made us and He knows how we are made.  He knows that we need a day of rest because that is way He made us that way.  That is why He set aside one day in the week as that day of rest.  But Sunday is more than a day of rest.  It is also a day for worship and for the family.

Volunteering

At the start of September I spoke at the presentation of the Newtownabbey Volunteer Accolades.  Newtownabbey Borough Council is one of a number of councils that organise events to recognise and celebate the contribution of volunteers in their council area.  The following is an extract from my speech, in which I commended the outstanding work of local volunteers.

 

I'm particularly pleased to be here tonight as my Department is the lead department in the Northern Ireland Executive for volunteering.

 

In March 2012 the department published Northern Ireland's first ever Volunteering Strategy and Action Plan.  The strategy is called Join in, get involved: Build a better future and it has been endorsed by the Executive.

 

The strategy seeks to create the conditions that will enable volunteering to flourish.  It recognises that government, the private sector and the voluntary and community sector all have a role to play to support the growth of volunteering.

 

Our strategy, and by this I mean it belongs to everyone in Northern Ireland, is about helping people in their volunteering efforts.  It's about getting more people to volunteer and it's about everyone recognising the tremendous and invaluable work volunteers do in our society.

 

It will help make it easier for people of all ages and backgrounds to get involved and become volunteers and will help volunteers to have an enjoyable and rewarding experience as they continue to make a real difference in the lives of people in their communities.

 

Since I became a minister and in fact for many years before that I have always been greatly impressed by the time and energy volunteers contribute to our community.  Volunteers give thousands of hours of their free time each year.  It is essential that we continue to nurture the capacity and capability that exists, making it easier for people to donate their time and help create the kind of society in which we all want to play a part.

 

While we recognise the contribution that volunteering makes to civil society we must also not forget the contribution it makes to those individuals who volunteer.  Volunteering plays an important role in giving people a sense of purpose and fulfilment, the opportunity to build new friendships while playing an active role in their community. and the chance to do something worthwhile that they enjoy.  Two thirds of volunteers say that volunteering gives them more confidence and a position in the community.  Over three quarters say that it gives them a chance to do things they are good at and to meet people and make new friends.  Most importantly 95% of volunteers say that they really enjoy volunteering and get a sense of satisfaction from it.

 

Whatever the motivation, thousands of people volunteer across Northern Ireland every day.  Our entire society benefits from the work carried out by volunteers so it is in everyone's interest to support and develop volunteering.

 

Volunteering makes Northern Ireland a better place for all of us to live in.  It helps people connect meaningfully with each other across our communities.  It enables and empowers individuals and communities to help themselves tp tackle the issues that are important to them.  It can help local communities regenerate and renew their neighbourhoods.  Volunteers are a precious resource for both their organisation and our society.

 

Northern Ireland will host the prestigious World Police and Fire Games from 1-10 August next year and just like the Olympics, there will be many opportunities for people to be part of the occasion with the wide range of volunteering opportunities that will be on offer.  It is anticipated that between 3,000 and 3,500 volunteers will be required to support the 2013 World Police and Fire Games.  I would encourage you to join in and get involved.

Thank you to all volunteers for giving that most precious of gifts - your time! 

 

Partisan newspapers

Paul Connolly, the Readers' Editor at the Belfast Telegraph commented recently (19 October) on the arrival of the Marie Stopes Clinic in Belfast.  He acknowledged the overwhelming public support for the current legal position in Northern Ireland but my attention was taken by a few short paragraphs near the end of the article:

I think the answer to the question about how newspapers should report highly-charged issues is quite simply to be professional.  Avoid defamation, cut through the spin and, above all, follow the industry Code of Practice.

Clauses 1 (Accuracy and 2 (Opprotunity to Reply) of the Editor's  Code are key.  Taking care not to publish inaccurate or misleading information is critical  Correcting inaccuracies and distortions is also essential.  An opportunity to reply must be offered to wronged individuals.

Newspapers must dintinguish clearly between 'comment, conjecture and fact'.  however, unlike TV and radio, the Press is free to be partisan.

So editors do not have to junp through hoops to be absolutely even-handed to both sides.

They are free, provided they follow the rules, to campaign, interrogate, criticise and question; even on this most emotional of subjects.

 

Unlike television and radio, which are supposed to be impartial,'the press is free to be partisan'.  It is important that we keep that fact in mind.  We should always read newspapers keeping in mind the fact that they are partisan and are not impartial.  The NewsLetter is a unionist newspaper, the Irish News is a nationalist newspaper, 'pro fide et patria', and becoming increasingly 'green', while the Belfast Telegraph has become more and more liberal and cosmopolitan.

 

However newspapers 'must distinguish chearly between comment, conjecture and fact' and that is an area where newspapers often fall short.