James Barnes

Registered with Property118.com
Wednesday 5th October 2016


Latest Comments

Total Number of Property118 Comments: 61

James Barnes

9:25 AM, 7th March 2019
About 2 weeks ago

Night shifts vs access requests for viewings

I think what you as the tenant consider to be a "reasonable time" given your shift pattern holds as much weight as what your landlord and their agent consider to be reasonable. If you've tried to work with the landlord and agent by providing times that will work for you, and they aren't willing to compromise, if think you're within your right to suggest no more viewings until your tenancy has ended.... Read More

James Barnes

12:01 PM, 14th February 2019
About a month ago

Sefton trial case - Landlords Alliance

Reply to the comment left by Larry Sweeney at 14/02/2019 - 11:44
I'm not sure that GDPR would "override", I would think that HMO licencing would probably fall into one of the GDPR exemptions actually. A quick look online and I've found "GDPR does not apply to government agencies and law enforcement when data are collected and processed for the prevention, investigation, detection, or prosecution of criminal offenses or the execution of criminal penalties or for preventing threats to public safety".
In any case the the HMO regulations I referenced in my previous post applies to selective licencing and other accommodation (Housing Act 2004, Part 3) as well as licencing of houses in multiple occupation (Housing Act 2004, Part 2).

It's not that I don't support what you're trying to do here, in fact challenging new legislation in such a way helps to ensure it's fit for purpose. It's just that I don't believe there's much prospect of success here.... Read More

James Barnes

11:39 AM, 14th February 2019
About a month ago

Sefton trial case - Landlords Alliance

I'd advise you to have a look at the the Regulations below, available at:

http://www.legislation.gov.uk/uksi/2006/373/pdfs/uksi_20060373_en.pdf

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions) (England) Regulations 2006

SCHEDULE 2 Regulation 7(1), (2) and (3)
Content of applications under sections 63 and 87 of the Act

2. (e) details of other HMOs or houses that are licensed under Part 2 or 3 of the Act in respect of which the proposed licence holder is the licence holder, whether in the area of the local housing authority to which the application is made or in the area of any other local housing authority;

There may be a discussion to be had on keeping information up to date but if the legislation requires certain information be included in HMO licence applications then you're really up against it in my opinion!... Read More

James Barnes

9:59 AM, 11th February 2019
About a month ago

Ruinous Council Tax banding - HMO or Flats?

As Neil, more or less alludes to above, it is not the Council that sets Council Tax banding, it is the VOA.
I've certainly heard instances where rooms in HMOs have been given their own Council Tax banding, usually because they are have their own facilities such as an en-suite bathroom, kitchen, or both.
The argument in my view would be that an en-suite bathroom or kitchen does not make a room a self-contained unit, however if the VOA are intent on re-banding rooms in HMOs then it would make sense for those affected to remove any exclusive facilities (where possible), then essentially you have one house where all facilities are shared.
The matter of tenancies either on one shared contract or all individual is irrelevant.... Read More

James Barnes

11:36 AM, 31st January 2019
About 2 months ago

HMO appeal assistance please

It's hard to know on what grounds the Council have refused your HMO Licence Application based on the information you've provided.
HMOs with less than 7 occupiers don't usually require planning permission unless there is an Article 4 Direction in place.
Wildlife in the garden isn't a relevant consideration in terms of HMO licencing decisions so I'm not sure what the issue is here either.
I think you'll have to provide a bit more information on this!... Read More