Mike McDonagh

Registered with Property118.com
Sunday 22nd September 2013


Latest Comments

Total Number of Property118 Comments: 51

Mike McDonagh

12 months ago
First tier tribunal for nonpayment of service charges

Yes it is normal that any lease dispute will be referred to first tier (formerly LVT). Unlike an ordinary court which simply applies the letter of the law they are allowed to interpret and apply reason.
They are typically sympathetic to individual leaseholders and are happy for you to represent yourself but beware and be well prepared.
You say you are disputing the charges but you will need to be very specific as to which charges and why. You also need to ensure that you have only withheld those charges that are in dispute. So for example if you are disputing the validity of specific repair works, you cannot withhold the payment which covers general maintenance, communal heating, lighting, water, cleaning, gardening, block insurance, ground rent etc. You must identify specifically what you are disputing, why you are disputing it, show that you have raised objection with the landlord (or agent) and paid all undisputed charges in a timely manner.
If you fail in any of the aforementioned sympathy will rapidly dissolve
Good luck,
Mike... Read More

Mike McDonagh

12 months ago
New BBC1 Programme about Landlords

Hi Grace,
The vast majority of landlords and tenants are very good and share a good relationship. Both sides already have a pretty good understanding of the market.
The people who seem to have no realistic basic comprehension tend to be in local and/or national government.
Good indicators of this are:-
1) Extra 3% stamp duty
2) Removal of relief on the costs of financing
3) Paying housing benefits to tenants instead of direct to landlords, wrongly assuming all benefit tenants can manage their finances
4) Advising and encouraging tenants who fall into arrears to stay in occupation of the property until the bailiffs or enforcement officers evict them
5) Failing to recognise that the results of 3 & 4 increase the need for expensive emergency housing
6) Failing to recognise that the result of all the above leads to a reduction in available properties
7) Failing to recognise that the results of 3 & 4 increase the costs of landlord insurance premiums
8) Failing to recognise that the increase cost to landlords and reduction of profitable income of all of the above results in rent increases
So I'm afraid that rather that trying to provide entertainment with a contrived role reversal program, I would much rather see a documentary involving councillors, MP's and ministers learning about the real world private rental sector and the problems they create.... Read More

Mike McDonagh

12 months ago
Sadiq Khan announces new database of criminal landlords and agents amid opposing industry views

All in favour of a comprehensive database, so presumably it will include rogue letting agents, rogue landlords and rogue tenants. If not why not?... Read More

Mike McDonagh

A year ago
Council Tax Enforcement Notice Advice Please

Hi Caroline,
As with most things governmental it is made as complicated and intimidating as possible. With property owners/landlords we get hit whenever we cannot prove any other liability existed.
If you can prove that you held no stake in the property, your tenancy had ended and you were no longer resident at the address and that your monthly DD was payment in advance you are NOT liable for the CT bill for any period beyond that date . Any costs the council have incurred chasing a debt that didn't exist are entirely their responsibility. Do not be bullied by them.
I would suggest you speak to citizens advice and produce a letter confirming your position also advising that if the action continues and/or if your credit rating is adversely affected you will counter sue for harassment and damages.
Good luck Mike... Read More

Mike McDonagh

A year ago
Viewing Clause vs Right to Quiet Enjoyment

Hi,
To me this begs a few questions. Did you let through an agent and who is arranging the viewings? Is the landlord even aware? Are the viewings to let or sell.
It could be that the landlord is being forced or deciding to sell.
In the first instance I would speak with the landlord to establish what is going on and why. I have never arranged or allowed any viewings in any of my properties (landlord) until a contract termination date has been agreed with a tenant.
Good luck Mike... Read More