John Frith

Registered with Property118.com
Friday 11th October 2013


Latest Comments

Total Number of Property118 Comments: 204

John Frith

14:28 PM, 15th February 2019
About 10 hours ago

Sefton trial case - Landlords Alliance

Reply to the comment left by Larry Sweeney at 14/02/2019 - 15:03
According to:
http://www.privacy-regulation.eu/en/article-5-principles-relating-to-processing-of-personal-data-GDPR.htm

1. Personal data shall be:
.......
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ('accuracy');
====
So firstly it says "where necessary", and secondly it says " having regard to the purposes for which they are processed", so ample wriggle room for Councils (and Landlords) to argue that if the information they hold is not up-to-date, that there is no material detriment for the data subject, and they / we are therefore still complying.
I can't see this as anything but a red herring.... Read More

John Frith

13:33 PM, 14th February 2019
About A day ago

Sefton trial case - Landlords Alliance

Larry, could you point out the relevant GDPR text that requires Data Controllers to keep their information up-to-date. I'm aware that the subjects have the "Right to rectification", but that's a different issue.
Basically I don't believe that GDPR "requires" data controllers to keep their information up-to-date (that would impose an incredible burden on ALL data controllers, including landlords) - but merely to keep it updated if informed. I'm happy to be corrected on this point if I'm wrong.... Read More

John Frith

13:27 PM, 14th January 2019
About a month ago

VAT on Service Charges?

The 4th para of the "Background" section states:
"The property management company obtains goods and services on behalf of the landlord and charges a management fee for providing such a service. This management fee is taxable at the standard rate of VAT and is not covered by ESC 3.18."

So my understanding is that the article is about VAT on the fee the management company charges for it's own services, but not (as David points out) on the expenses which it pays from the leaseholders funds.... Read More

John Frith

23:02 PM, 23rd November 2018
About 3 months ago

Is Shelter liable for criminal activities?

Reply to the comment left by Luke Roxberg at 23/11/2018 - 18:03Unfortunately Landlords are not a "protected characteristic". See:
https://www.gov.uk/discrimination-your-rights
Types of discrimination ('protected characteristics').
It is against the law to discriminate against anyone because of:
age
gender reassignment
being married or in a civil partnership
being pregnant or on maternity leave
disability
race including colour, nationality, ethnic or national origin
religion or belief
sex
sexual orientation

Note that financial status is not a protected characteristic, so we are, fortunately, allowed to select tenants based on whether they can afford to pay.... Read More

John Frith

17:09 PM, 23rd November 2018
About 3 months ago

Is Shelter liable for criminal activities?

I am not convinced by the replies above. I do understand that to dismiss a behaviour as "a civil matter" is a convenient excuse for the CPS to avoid admitting any responsibility.
I'm not a legal expert so I cannot argue the difference between criminal damage and civil damage, but I know Mark Alexander has often argued that if a tenant purposely damages a property that is should be treated as criminal damage. I know this is a different point, but they are related / similar.
In any case, even if it is a civil matter, the argument for compensation from Shelter surely still applies? I did a quick search, and it appears to me that one can still have class action in civil matters.

Encouraging people to break contracts can't be fair or reasonable.... Read More