Robert Mellors

Registered with Property118.com
Saturday 26th October 2013


Latest Comments

Total Number of Property118 Comments: 1010

Robert Mellors

16:20 PM, 6th August 2019
About 3 weeks ago

Acquired Non-Responsive HMO tenant?

Reply to the comment left by Simon Williams at 06/08/2019 - 11:28Spot on Simon, good summary of the tenancy v licence issues. However, IMO, the service of a valid s21 Notice (or any other type of notice, e.g. s8 or NTQ) may depend on the validity of the documentation issued by the previous owner and whether service of it can be proven (AST, Licence, gas cert, EPC, deposit protection, How To Rent booklet, EICR, etc, etc). Indeed the actions of the previous owner could also be relevant (i.e. any acts or omissions that could invalidate a s21 Notice).
As this is not straightforward in the circumstances described, (and I've not seen all the paperwork), then in order to avoid potential issues at court, then I would recommend biting the bullet and forking out for professional legal advice, as you certainly don't want to possession claim to fail at the court hearing.... Read More

Robert Mellors

22:50 PM, 5th August 2019
About 3 weeks ago

Acquired Non-Responsive HMO tenant?

If you have kept the existing manager, then surely they should be managing to contact the tenant, out of standard office hours if necessary?

In relation to the type of agreement you have inherited, and what rights this gives you and the tenant/licencee, I would suggest that you may need to consult a solicitor, as it may well be that you have inherited a sham licence that may be considered (by a court) to be an AST, but you would need a legal professional to look over the documentation to give you a qualified opinion on this, and advise you of the next steps.... Read More

Robert Mellors

11:46 AM, 15th July 2019
About a month ago

Real rents v LHA rents - info request

The Local Housing Allowance (LHA) rents are based on the Valuation Office Agency's (VOA's) database of rents for the Broad Rental Market Area (BRMA). The data that goes in to the VOA's database is the rental data (rents charged) for each LHA category (number of bedrooms). However the VOA does not scour the letting agents websites to find the rental data, but instead relies on letting agents and landlords to self-report the rental data to them.

Unfortunately mosts landlords and letting agents do not bother to do this, so their rental data cannot be included. This means that the only rental data being counted, is the rental data that is being declared to the VOA, but as most landlords do not bother to declare the information, then the VOA's market rent figures could be very skewed or out of date.

Where there is a low number of properties of that type in the rental data, then reporting the rents for even a few properties could make a big difference to the average rent for that property type. For example, in my local BRMA there are only a few dozen rent data entries for rooms in shared houses, so if a HMO landlord with say 20 rooms were to report the rents then this could significantly affect the average market rent for that BRMA area.

Although the HB (LHA) rates have been frozen for several years, the difference between the LHA and the current market rents has been increasing, but the amount of difference can only be shown if many more landlords declare their market rents to the VOA.

I have reported mine in the past simply be sending the officer at the VOA an email with the rents achieved clearly stated for each property address (listed in a spreadsheet format). Regardless of how many properties a landlord has, if the rental information is provided to the VOA, then the VOA should include it in their database of market rents.... Read More

Robert Mellors

8:58 AM, 8th July 2019
About 2 months ago

Evicting vulnerable tenant in hospital - Landlord Action response

Reply to the comment left by Fuming Landlord at 08/07/2019 - 06:47
The name on the s21 Notice and s8 Notice, and on any court application, should be the same as it appears on the actual tenancy agreement.

If it was your agent who served the notices, then they should have known this and ensured that it was served correctly. If they failed to do this, then you may have a claim against the letting agent. If you prepared and served the notices yourself, then you only have yourself to blame if the case is thrown out and you have to start all over again.... Read More

Robert Mellors

8:53 AM, 8th July 2019
About 2 months ago

Evicting vulnerable tenant in hospital - Landlord Action response

Reply to the comment left by Fuming Landlord at 08/07/2019 - 06:44
Hi Fuming Landlord

I did not realise that she had actually brought the inadequate locks to the attention of the letting agent, and had been refused permission to add additional security (better lock, another lock, etc). The letting agent acts on YOUR behalf, so I believe you are liable to the tenant for the actions of the letting agent, though of course if they acted incompetently or against the terms of the letting agreement, you may be able to sue the agent. I presume you are no longer using the services of this letting agent at any of your properties?

As you (your agent) were made aware of the insecurity of the property prior to the incident, and you (the agent acting on your behalf) refused to improve the security or even allow the tenant to improve the security, then IMO you may be liable to some extent for the ease of entry by the burglars, but that still does not mean that you would be liable for all subsequent events that have lead to the current situation as they were not reasonably foreseeable.... Read More