Mark Prichard

Registered with Property118.com
Friday 3rd February 2017


Latest Comments

Total Number of Property118 Comments: 7

Mark Prichard

15:00 PM, 10th October 2020, About A year ago

Council must re-house when tenant is given notice not wait for bailiffs - Local Government and Social Care Ombudsman

While there is undoubtedly an issue whereby council officers do not always have due regard to the statutory guidance (as demonstrated by this critical Ombudsman report), the headline to this article ("must...") and the characterisation of the report as "groundbreaking" is misleading.

As such, you're not doing landlords any favours, certainly if your aim is to accurately inform landlords of what the law actually requires of councils in this context.... Read More

Mark Prichard

13:54 PM, 29th October 2017, About 4 years ago

Am I getting the right Section 21 advice - Father provided deposit?

Reply to the comment left by Mid Landlord at 28/10/2017 - 11:17
I suspect, as you indicate, that option (b) will be preferable as it has the advantage of certainty.

Your case perhaps highlights the importance for landlords of:
(a) asking tenants to confirm who is paying the deposit, and
(b) not proceeding to grant the tenancy in a situation where a third party is paying the deposit directly to you, but you haven't obtained/confirmed their address for service of the prescribed information notice.... Read More

Mark Prichard

22:57 PM, 27th October 2017, About 4 years ago

Am I getting the right Section 21 advice - Father provided deposit?

Reply to the comment left by Martin Youngman at 27/10/2017 - 19:13
I was presuming that the money was paid directly from the parent to the landlord?... Read More

Mark Prichard

17:47 PM, 27th October 2017, About 4 years ago

Am I getting the right Section 21 advice - Father provided deposit?

Given that's it's a statutory requirement I'd definitely seek legal advice on the effect of the non-provision of the father's address before lodging the possession claim.

It may be advisable to refund the deposit before reissuing the s.21, so you can avoid a defence on this basis by the tenant.... Read More

Mark Prichard

12:06 PM, 2nd May 2017, About 5 years ago

Section 21 and conflicting Government policies

The Council may lawfully decide that your tenant is not yet homeless or threatened with homelessness.

However, they DO have to have regard to statutory guidance which states, essentially, that if there's no defence and you intend to apply for possession they should treat the applicant as homeless when the notice expires (on the basis that it's not reasonable for them to continue to occupy).

And yes, it's correct that they CANNOT adopt a blanket policy of requiring all tenants in this situation to remain in occupation until they're evicted.

What this means in practice is that the Council must consider the applicant's specific circumstances and give reasons for deviating from the recommendation in the guidance.

It would be the applicant that challenges their decision (rather than you) by requesting a review of the decision that it's reasonable in their particular circumstances to remain in occupation until the tenancy ends. They have 21 days from the date of the written decision to request a review.

In summary, providing the Council give reasons for their decision, have regard to the guidance and take the tenant's particular circumstances into account it's entirely lawful to take the approach they have.

A fundamental reason for this being the legal position is that an assured shorthold tenancy does not end (in the absence of notice from the tenant or surrender) until you obtain a possession order and a bailiff's warrant.

If it's more than 28 days from the date on which the notice expires the tenant will not - absent some other reason why it's not reasonable to remain, e.g. domestic abuse - yet be 'threatened with homelessness' in any event and the council will owe them no duty.

One would however expect them to help the tenant as a 'non-statutory' case, i.e. by advising them and helping them find alternative housing, so they don't end up having to assist them as a homeless applicant.... Read More