Robert Mellors

Registered with Property118.com
Saturday 26th October 2013


Latest Comments

Total Number of Property118 Comments: 1073

Robert Mellors

13:06 PM, 3rd July 2020
About 2 weeks ago

Switching AST to which contract type for tenants with Ltd co?

I agree with Graham Bowcock, this seems very dodgy and not thought through. I would urge extreme caution.

Why would an existing tenant want to give up his own tenancy rights, in order to lease the same property in the name of a company (and him still live in it)? It does not make sense.

If he wanted to lease the property in a company name, this would only make sense if he then wanted to sub-let the property to someone else (or multiple someone elses, i.e. an unauthorised HMO), or, like Graham says, he somehow (mistakenly) thinks there would be some tax advantages.

If you facilitate this, and it does turn out to be something dodgy, then you could perhaps be accused of collusion or contrivance.

There could of course be a perfectly innocent and well reasoned explanation for the request, but nothing in the post indicates what this could be, so again I would urge extreme caution, get more info from him, and seek proper legal advice as to possible consequences.... Read More

Robert Mellors

12:51 PM, 3rd July 2020
About 2 weeks ago

Is this a Cunning Plan?

It would be a HMO, but not licensable unless there is selective or additional licencing in place for that location.

You would remain responsible as the landlord.

You would still be required to comply with all the HMO Regulations which relate to both the property conditions and also the management of the property. The duties on you would be quite onerous, and you would have to "convert" the property to meet the HMO standards, e.g. interlinked fire alarm system, fire doors to bedrooms and fire risk rooms, thumb-turn locks, maintenance and cleaning of communal areas, etc, etc.

Then of course there is the issue of gaining consent from superior landlords (the freeholder of the block of flats), and the mortgage lender.

Then there is the issue of changing the insurance to ensure it is suitable for HMO, and expect a large increase in premiums for this.

Also expect far more attention from the Local Authority who will wish to impose civil penalties on you for any breaches of the assorted HMO regs.

These are just a few of the issues I can think of off the top of my head, but I'm sure Phil Turtle, or Des Taylor, or other HMO specialists, will be able to advise you further.... Read More

Robert Mellors

11:50 AM, 24th June 2020
About 3 weeks ago

Guarantors for rent - worth the hassle?

Always ask for a guarantor.
How can this person have a job but not have a bank account, unless it is a dodgy cash in hand arrangement?
All sounds very high risk, so if going ahead then get rent deposit, rent in advance, plus at least one rent (and damage) guarantor.... Read More

Robert Mellors

11:59 AM, 12th June 2020
About a month ago

Emergency Eviction??

We (Choice Housing Trust) are a not-for-profit housing trust that provides specialist supported accommodation for homeless people in Sheffield, and we often have residents who suffer from mental health issues (84%), drug addictions (65%), alcohol addictions (50%), and a range of other issues such as offending histories, domestic violence, sexual abuse, learning difficulties, physical health issues, and multiple debts. A whopping 97% of our residents have multiple and complex support needs.

While it is not always a straightforward process to access such supported accommodation, there are organisations out there that specialise in this type of resident. Therefore, the advice of Dancinglandlord above is spot on, and it can be a good idea to try to ascertain what specialist supported accommodation services there may be within you local area, and how people can get referred into them, (self-referrals are often not possible).

By providing an alternative housing option to the tenant, (while also pursuing the possession and eviction route), you can perhaps persuade them to move out at an earlier stage, thus minimising your losses.... Read More

Robert Mellors

21:18 PM, 10th June 2020
About a month ago

Emergency Eviction??

Changing the locks, or taking any other action for an "emergency eviction" may be an illegal eviction in which case it would be the Council that prosecutes you as a criminal offence. If you are lucky, you might get away with it being an unlawful eviction, (rather than an illegal eviction), in which case I believe it is a civil offence, so the tenant could sue you for damages (these are often very large amounts, and no you cannot offset the arrears, so you would have to pay the tenant loads of money while they continue to not pay you what you are owed).

I believe that all you can do is serve him with the appropriate Notices (s21 & s8), and then at the expiry of the notice period you can apply to the court to join the very long backlog of possession cases awaiting a hearing. - The whole process could very easily take a year or more, due to the 3 month notice period, and the 5+ month backlog of court cases, plus the slowness of the court (particularly when they try to implement social distancing for cases when they eventually re-open).... Read More