John Frith

Registered with Property118.com
Friday 11th October 2013


Latest Comments

Total Number of Property118 Comments: 221

John Frith

16:48 PM, 10th October 2020
About 2 months ago

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

Reply to the comment left by terry sullivan at 07/10/2020 - 12:43
Terry, not sure what you mean by "court order"? The original article refers to a judgement by an ombudsman - which I don't think is the same as a court order.

In any case, I suspect that councils will have some sort of "exemption" from criminality. I mean, they're the good guys, aren't they?... Read More

John Frith

14:34 PM, 6th October 2020
About 2 months ago

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

The reality is that, for many, getting a council house is like winning the lottery, and so the council policy is set up to stop the flood by creating obstacles - and obviously they turn a blind eye on how that harms tenants and landlords. The fact is that policy decides the budget, and at the front lines it doesn't matter what "should" happen, the budget inevitably dictates that only a few will be rehoused.
It does seem to me that the council's legal Achillees heel is if they say that a tenant is making themselves intentionally homeless if they leave before the bailiffs come. This discriminates against someone who wants to honour his contract with the landlord.
Shelter, do you fancy taking this on as a test case? Now that would be something I'd consider a win-win.... Read More

John Frith

14:31 PM, 22nd February 2020
About 9 months ago

Advance Payments - Kicking the can down the street

Am I the only person to notice the similarity between claimants mismanaging housing payments being made to the tenant, (rather than the landlord), and claimants mismanaging advance payments of UC? The pressures leading to this behaviour is the same.

Divorced from reality, the politicians can talk about claimants "taking responsibility" to manage their finances, but the reality is that with a system full of cracks for them to fall through, and without any support to make the transition successfully, claimants are effectively being set up to fail, at great cost to the claimants, landlords, and the taxpayer.... Read More

John Frith

14:11 PM, 12th January 2020
About 11 months ago

Boyfriends/girlfriends: Is it now an HMO?

My concern on this point is not that anyone is routinely checking for extra "bodies", but that if there were (eg) a serious fire, and it was clear that the landlord knew of the extra person, the landlord would then be blamed for not having a licensed and compliant house (eg by not having a mains powered fire alarm system).... Read More

John Frith

14:27 PM, 27th November 2019
About A year ago

Tenant asking not to extend S21?

This raises a point I'd not considered before. If a tenant is evicted using S21, then presumably the council has usually accepted that this is consistent with the tenant NOT making themselves intentionally homeless. But when S21 is abolished, tenants will now be evicted on many different grounds (ASB, rent arrears etc.). Will this change the councils assessment of whether the tenant has made themselves intentionally homeless or not?

If S21 is no longer an option, maybe the councils will be able to class more evictions as "intentionally homeless", resulting in less tenants trying to game the system by going down that route? I'm looking for a silver lining here!

I would have thought ASB's would be construed as intentional.

I read of a case this year where the council argued that rent arrears were an intentional reason, because the tenant was in receipt of HB, and therefore had been given sufficient to cover all their rent, but that view was overturned by the court arguing that the tenant couldn't be expected to use non-housing benefits to "top up" the shortfall in HB, and therefore HADN'T made themselves intentionally homeless.... Read More