M P

Registered with Property118.com
Tuesday 14th June 2016


Latest Comments

Total Number of Property118 Comments: 8

M P

11:06 AM, 27th September 2016
About 4 years ago

Liverpool Licensing and the Surveillance Comissioner

Larry. Have you had any reply from the ICO regarding the issues raised.... Read More

M P

15:38 PM, 12th September 2016
About 4 years ago

Liverpool Licensing and the Surveillance Comissioner

Reply to the comment left by "Tony McVey" at "12/09/2016 - 15:08":

Would hate to be a tenant in Liverpool with the slightest hint of ASB with a previous landlord. It will be a hostel or B and B future for them.... Read More

M P

8:14 AM, 12th September 2016
About 4 years ago

Liverpool Licensing and the Surveillance Comissioner

Reply to the comment left by "Michael Barnes" at "11/09/2016 - 21:54":

Demand is a firm request, obtain is to become in possession of.

In my previous incarnation many moons ago I had much amusement with the use of May or Will in bond derivative contracts.

The difference between demand and obtain is less subtle.

Am not suggesting people refuse to follow the process on this question. All I request is clarity from the Authority. I want to know what business practise we need to adopt.

I don't wish to be prosecuted because I demand a reference from a foreign masters student who has just landed at John Lennon airport but as a result of living at home with his parents in Rome can't produce one. What happens when said Italian hosts noisy pizza parties in his back yard in Aigburth.

To be safe do we have to adopt a blanket policy of not renting to said groups.

Now do we forbid access to foreign students or any migrant on the basis none of us can provide accommodation.

Equally what about first time renters, those just leaving home, those moving from an owner occupier home to a rental in another part of the country.

Are those that have a negative reference to be permanently refused accommodation in Liverpool.

And anyway what's the point of it. What are they going to do with a reference. Is it a breach if we rent to someone with a negative reference.

Equally I want to know how broad is "references".

Asking these questions is due diligence if this your business.... Read More

M P

7:32 AM, 12th September 2016
About 4 years ago

Liverpool Licensing and the Surveillance Comissioner

Reply to the comment left by "Michael Barnes" at "11/09/2016 - 21:54":

Hi.

Assuming your refering to Liverpool, where do they require we "obtain".

Regards... Read More

M P

12:54 PM, 11th September 2016
About 4 years ago

Liverpool Licensing and the Surveillance Comissioner

Morning.

To tackle this process we must deal the concept of illegality. From reading the above it appears its being approached from 2 angles. There is no doubt the Housing Act creates a legal framework for licensing. Thus we have a legal obligation as owners of rented property to apply. That is the non disputable legal side of the discussion. The problem as I see it is the potential creation of an illegal contract. An illegal contract being an agreement that forces the signed party to carry out obligations or actions that are not permitted under law. There are possibly many examples listed above of obligations that breach the law thus forcing participants to commit an offence.

From a legal drafting perspective the T and C's as noted above are interesting, frequent use of undefined obligations such as "monitor", what is "monitor", is it follow correspondence on your phone, install CCTV, or is it sit outside the property. Given the tenants right to peaceful enjoyment the concept of monitoring unless defined more accurately leads a landlord to breach the law. What the Authority considers monitoring may equally be considered harassment by a tenant. We may end up complying with the agreement and breaking the law of harassment. I know plenty of solicitors happy to accuse a LL of harassment when asking for the payment of rent.

My current favourite is "take all necessary steps". What are these necessary steps, what happens if we dont take them "all", how can we take them "all" if we dont know what they are.

Another is "reference", what is a reference. Who can provide one of behalf of a tenant, can Mum and Dad or a friend or an employer. Tony as we can be prosecuted on matters like "reference", areas such as this can't be allowed to be vague.

After all this one of you will probably direct me to the definitions page and I will look daft. Am I mistaken in not finding an attached glossary of terms. Maybe I have missed an obvious guide of the Terms and Conditions.

The confusion caused by the use of "demand" is a classic example. We can all demand but not necessarily obtain. Its a shame the LL in Durham failed to provide a defence at the court.

Crucially if we can prove the terms of the agreement force LL to act in an unlawful manner we have lawful argument to refuse to comply with the terms of the agreement. I will do a little case law research on illegal contracts and update if its beneficial.

Enjoy the rest of the weekend.... Read More