Prakash Tanna

Registered with Property118.com
Monday 10th April 2017


Latest Comments

Total Number of Property118 Comments: 40

Prakash Tanna

17:39 PM, 4th September 2019
About 2 weeks ago

Legally Homeless, Out of Contract or Squatting?

Reply to the comment left by Tim Rogers at 04/09/2019 - 17:18
Hi, I seldom get involved with the tenant and their CT exemption/reduction claim. Am sorry to hear he had to go to extreme measures to get 'heard'.

CT is governed by the Local Government Finance Act 1992 (http://www.legislation.gov.uk/ukpga/1992/14/contents) and there should be guidance there of how far back one can claim discounts ?

My personal experience of CT departments is that they are bullies and they think they are a law upon themselves. I have often challenged CT bills where the property was empty and could not legally be occupied and should be granted exemption. One went to court and I won and together with costs (despite the CT Officer lying in court) and the other, the Council backed down 48 hours before the hearing. Sadly you have to fight all the way to get justice!

Well done for assisting your tenant, and good-luck with it.... Read More

Prakash Tanna

17:28 PM, 4th September 2019
About 2 weeks ago

Legally Homeless, Out of Contract or Squatting?

Reply to the comment left by WP at 04/09/2019 - 16:32
Which Council are you dealing with here?

1. Do you know why he is refusing to co-operate and not willing to assist in his HB claim? Are you sure he's still there and alive and has not abandoned the property and moved on or gone into hospital or something ? Can you make the appt with the Council, pick him up and physically take him there?
2. They cannot not refuse to continue paying unless his HB claim has been cancelled and the claimant (tenant) is refusing to complete the forms to re-apply OR the tenant has told them he moved out OR they have asked him for some documents and he failed to provide them within 30 days of the request.
3. It's worth insisting they tick the box on the HB claim form allowing consent for them to discuss the claim with the Landlord but all in all, it requires a compliant tenant for things to run smoothly.
4. Try PCOL (https://www.possessionclaim.gov.uk/pcol/) next time. It's super quick and easy to use and cheaper court fees (use to be when I last used it a long time ago).

In answer to your question, in my opinion, I don't think he is legally homeless as he still has a roof over his head irregardless of whether he is paying rent or not OR in receipt of state support so I think you're stuck with him until he either moves on (offer him an incentive?) or he is evicted. Sorry as that is not what you wanted to hear BUT it's just my opinion. Others will think differently.... Read More

Prakash Tanna

16:11 PM, 4th September 2019
About 2 weeks ago

Legally Homeless, Out of Contract or Squatting?

Reply to the comment left by JJ at 04/09/2019 - 15:26
"So you have had to challenge it in the past. "

Over the past 10 or so years, i've had this issue once or twice and it hasn't been difficult to challenge. I'm geared 99.% to housing tenants on LHA/HB so have templates and processes in place to avoid most situations before they crop up.

There are many pros & cons for either tenants on benefits or those without. I'd had many years of a relatively peaceful experience and am committed to continue this model for now as it works for me, but appreciate it's not for everyone.

... and you're welcome. Us Landlords need to stick together and help each other out while the government and some Councils are working against us!... Read More

Prakash Tanna

15:18 PM, 4th September 2019
About 2 weeks ago

Legally Homeless, Out of Contract or Squatting?

Reply to the comment left by JJ at 04/09/2019 - 14:49One presumes he is getting direct payments otherwise the Council do not usually write to the Landlord about the HB claim.
Its rare for the Council to claim over-payment back directly from the Landlord. They usually take it off as a deduction from future and on-going HB entitlement for the claimant. That said, as you state, the law does allow it but i have successfully challenged it in the past and the Council have backed down.
Wrt s21 ... he still has to apply for a possession order thru the courts or PCOL followed by a Bailiff Order to gain possession. As it a non-fault eviction process (which the government are trying to outlaw 😫) it does not routinely require a hearing to be granted.... Read More

Prakash Tanna

12:51 PM, 4th September 2019
About 2 weeks ago

Legally Homeless, Out of Contract or Squatting?

Reply to the comment left by Mick Roberts at 04/09/2019 - 12:45Thanks Mick. Having worked closely with Councils and LHA/HB tenants for over 10yrs now, I've got to learn how it all works.
Sadly, most departments within the Council work independent of each other and have their own criteria/boundaries they must adhere to. No point fighting it, achieves nothing. Best thing is to learn how to work with it if your model is to rent to LHA/HB tenants. Works for me! 😉... Read More