13:34 PM, 5th September 2016, About 5 years ago 38
Every landlord should sit up and take note of the prosecution and conviction of Nichola Barker. Durham council prosecuted a law abiding citizen Mrs Barker for not having a reference for her tenant, when the tenant took up occupancy of the said premise.
Mrs Barker had indeed demanded a reference however the tenant had not supplied the reference at the time of her moving in. The reference was actually supplied later.
The housing act 2004 is crystal clear and worded in such a way as to avoid situations like this. Landlords have complied with their obligations when they DEMAND a reference. Demand being the key word. Should the tenant fail to, or not wish to supply a reference, the landlord must then make a judgement call as to whether to accept or decline the prospective tenant.
This spurred me on to reviewing Durham”s License conditions. They are absolute rubbish and fail every legal test. Every License issued is illegal.
I would urge every landlord in Durham to reject their license and demand their fees be returned forthwith.
Finally in conjunction with Property 118 which highlights such illegality, I wish Mrs Barker every success in the action she must now institute.
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