Mary Latham

The most recent English Housing Survey shows that In 2014-15, 19% of all households were private renters. This equates to 4.3
million households.
• The sector increased from 11% to 18% between 2004-05 and 2012-13 and then
to 19% in 2014-15. .
here https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/539561/Private_Rented_Sector_Full_Report.pdf

Social housing provision is going to be reduced further by the Right to Buy from Housing Associations.

In addition to your suggestions they should remove the penalties for those who rent social housing so that they can offer spare rooms to rent because they are short of smaller homes and many people have more rooms that they don't need and could do with the extra cash.

A good letter Mark well done.

In addition to the overt taxation of landlords we all need to remember that there is also the hidden taxation in the form of more licensing, which most councils are now using to raise funds. A licence in Birmingham will add £1,150 to the landlords overheads before he meets any additional costs relating to extras conditions attached to the licence and even a renewal costs £850.

Mary Latham Landlord... Read More

I am sorry to say that in my experience it makes very little difference whether a landlord is full time or part time - most landlords no very little about their legal obligations. Some try to keep up, join landlords associations, engage on fora like 118, facebook groups, sign up for newsletters.... but the reality is that our business is complicated and becomes more so every time a new piece of legislation or regulation is introduced.

Some people want to get it right and often pay thousands of pounds to be "taught" by property guru but they are not learning about their legal obligations they are learning about making money from investing in property to rent in the UK.

Landlords/property investors usually find me when they are in trouble and it is sometimes very difficult to stop myself from reacting to their lack of knowledge.

Chris you asked "Or will it have a negative effect on the reputation of landlords as a whole?" I am sorry to say that it will and it will bring more regulation and legislation with the associated costs.

A good example of this is the huge increase in the number of HMO and this is the result: https://www.gov.uk/government/consultations/extending-mandatory-licensing-of-houses-in-multiple-occupation-and-related-reforms

Mary Latham Landlord... Read More

Mark I am so sorry that you did not win but well done for putting up a fight on behalf of buy to let borrowers.

Good luck with the appeal... Read More

Steve Did they move out at the end of December? Very curious to know

I hope that 2015 will bring you good tenants... Read More

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Carla I am really sorry to read your post but let's look at the facts and probablities

1. The deposit is protected and was only 1 week late - this is not likely to cause you a major issue and I would doubt that a No win No fee company would take the case. This means that they would have to fund it themselves - unlikely and even if they do they are probably only going to get their deposit back without compensation
2. If they move out on 9th let them go then:
Register them with Tenant ReferencingUK here http://www.landlordreferencing.co.uk/join/
Its free to register bad tenants and to check prospective tenants in future. They sound like they do this often and they need to be stopped.
Ask your deposit scheme for the deposit to cover the rent arrears and send proof that they have not paid - they may raise a dispute and you will need to prove the rent arrears
Issue a Money Claim on Line for any balance outstanding - this will give the a CCJ which is yet another barrier to them doing this in future

If they don't move out issue a Section 21 because the deposit is protected and there is no reason why you can't.

They have no case for harassment because you asked them to use their deposit to pay their rent arrears - that will go nowhere

You've got yourself a some bullies and while you have not done everything you could have done or should have done to protect yourself, you are not the first and will not be the last landlord who has tried to be kind and has been stung. Please don't let these bullies affect your health, they are just trying it on.

You said " I feel sorry for whoever has them as tenants next" PLEASE do everything I have said to stop them doing this to other landlords.

If you want to chat please ask Mark Alexander from my phone number but stop beating yourself up, you have made some mistakes - learn from them and move on that is how we all learn. I wish you good luck and I really hope that your health improves quickly once all this is behind you.... Read More

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2.4 Where the Master or District Judge agrees that the application is suitable for consideration without a hearing, the court will so inform the applicant and the respondent and may give directions for the filing of evidence. (Rules 23.9 and 23.10 enable a party to apply for an order made without a hearing to be set aside or varied.)
2.5 Where the Master or District Judge does not agree that the application is suitable for consideration without a hearing, the court will notify the applicant and the respondent of the time, date and place for the hearing of the application and may at the same time give directions as to the filing of evidence.

Source http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part23/pd_part23a... Read More

Demand? On what basis could you make such a demand - the court has issued the Notice?... Read More

Why would they need to attend if they have left evidence with a Solicitor. There are many no win no fee guys who will take a case where there is good evidence and share the booty 50/50... Read More

Given the facts that you have shared what defense would you have to use option 3? They have probably already produced the email where they asked you to protect their deposit and therefore to deny this would be a lie and that would be obvious to the Court.

I would rather protect my reputation and avoid a CCJ than try to lie my way out of a situation that I have put myself into - even though I am sure from your post this was not malicious -it was none the less unlawful.... Read More

Steve Mason has told us that there is email evidence that he took a deposit which the tenants asked him to protect.... Read More

They have taken action because you have broken the law and not protected their deposit.

The only defenses possible is 1. they did not pay a deposit or 2.you did protect it. Neither apply here.

The fact that they did not pay rent would have given you a claim against the deposit at the end of the tenancy but not during the tenancy and therefore it is not a defense

The harassment issue is because you did not act within the law when you asked them to leave "asap" - this is potential illegal eviction.

They have a legal right to prevent you entering the property while the tenancy is in place and this would have no impact on the case.

My opinion - pay up and move on. Protect all deposits in future because breaking the law makes us vulnerable... Read More

Register of Licences - Housing Act 2004

203. A local authority has a duty to establish and maintain a register of licences
granted under Parts 2 and 3 of the Act which are in force.
204. The register should include the following details for licences issued under
Parts 2 and 3:
• the name and address of the licence holder
• the name and address of the person managing the licensed HMO or house
• the address of the licensed HMO or house
• a short description of the licensed HMO or house
• a summary of the conditions of the licence
• commencement date and duration of the licence
• summary information of any matter concerning the licensing of the
HMO or house that has been referred to RPT or to the Lands Tribunal,
and
226 Section 68(7) and (8). 227 Section 68(9). 228 Section 232 (1) NB local authorities are also required to keep a register of Temporary Exemption Notices and Management
Orders. 229 See Regulation 11(1) of SI 2006/373 “The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006”
205. The register should also include the following additional details for licences issued under Part 2 and 3:
• number of storeys comprising the licensed HMO
• number of rooms in the licensed HMO providing sleeping and living
accommodation
• in the case of a licensed HMO consisting of flats, the number of flats
that are self contained and that are not self contained
• Description of shared amenities including the numbers of each amenity,
and
• the maximum number of persons or households permitted to occupy
the licensed HMO under the conditions of the licence
206. The register can be presented in any such form the local authority
considers appropriate, and must be made available for public inspection at
the local authorities head office at all reasonable times. A local authority
must supply a copy of the register or an extract of the register on request
and may charge a reasonable fee for doing so... Read More

We did indeed have a discussion about this Mark. My case was where a owner occupier in a block of flats was suffering from Dementia. I let a flat above her and my lovely tenants were really suffering from her behaviour. She was attacking them as they passed to go up to their flat, pushing rubbish and food through the letter box. I closed the letter box and put in an external post box. She then began throwing food onto the stair case. Other people in the building has already complained to the Management company - who did nothing. I complained to Social Services who I knew were supporting her but they were rude to me and suggested that I was being uncaring - this certainly was not the case and even my young tenants were really concerned for her well being as well as their own.

I posted this discussion http://www.landlordreferencing.co.uk/forum/discuss/community-forum/anti-social-behaviour-of-a-different-kind/ and I was given some really good advice.

Eventually I asked a senior Doctor friend who worked at the local hospital to help me and he managed to get Social Services to take action. It was months later that they took her into a care facility. She had no relatives and the whole process took forever.

Perhaps some of the advice that I was given on the discusion above will help you - I hope so because this is a really stressful situation for you and for your tenants and more so for the poor lady who is not "crazy" she is ill and the health service is letting her down when she needs them most.

This is a growing problem because people are living longer and Dementia is becoming more common. We need to get our act together and to take care of these people who built the health service and were promised a safety net... Read More

Direct payment alone is not the answer.

Under the benefit caps of Welfare Reform many tenants are having the housing element of their benefits reduced to bring them under the capped rates. The benefit cannot not be taken away but the payment may be reduced to as little as 50p. Those who have this level of payment may also have reductions of other benefits and their overall income may well have been reduced by a large amount. Which landlord wants direct payment of 50p? Who wants to chase tenants for the balance when they have had their total benefits reduced?

We should be fighting to make Government recognise that a person who is homeless will remain jobless too and that it is totally inappropriate to put their Housing Benefit payment at the top of the list of benefit reductions when they reach the caps. A home is the most fundamental of all human needs and it should be protected from reductions in benefits AND the ambition to make people on benefit financially responsible - they need to learn those skills before the safety net is taken away and direct payment of the full LHA amount should be paid directly to protect them from their lack of skills no matter who the landlord is.... Read More

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Gary Sandwell has always been part of the Midlands Landlords Accreditation Scheme (MLAS) - this is not new and the cost of the full day foundation seminar is £150. A person who is accredited with NLA and has attended NLA foundation seminar can passport to MLAS at no cost by simply informing the MLAS administrator of their NLA accreditation number and completing the application form.

Reader that is exactly what I would do.

Joe Bloggs a quote from final paragraph of the article in your link

"The Landlord and Tenant Act 1985 make clear that landlords should not enter the property without the express permission of the tenant."

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The perfect present for property investors @ £4.64. My book, where I warn about the storm clouds that are gathering for landlords is available on Amazon title. Property For Rent – Investing in the UK: Will You Survive the Mayhem? http://www.amazon.co.uk/dp/1484855337... Read More