Mandy Thomson

Registered with Property118.com
Wednesday 13th November 2013


Latest Comments

Total Number of Property118 Comments: 948

Mandy Thomson

A week ago
Landlords Ombudsman Coming Soon

Reply to the comment left by Mandy Thomson at 08/10/2017 - 12:58Rob has a valid point about this off topic conversation on this thread, but it is an important piece of knowledge for landlords and tenants so I believe the final question, why they were considering enforcing against s.21 and s.8, needs answering.
I posed the question to the Landlords Guild, and I was told that they were considering enforcing against one of the landlord's notices before the tenant's NTQ expired, but that expired first so they based their possession claim on that.

I also asked about the legal possession route used. The answer was, "They’re not technically trespassers when they remain, they just have to be treated as a trespasser." And went they confirmed standard, not trespasser used.... Read More

Mandy Thomson

A week ago
Landlords Ombudsman Coming Soon

Reply to the comment left by Mark Alexander at 08/10/2017 - 12:41
The claimant in Thompson v Thorpe and Thorpe-Taylor was none other than Adrian Thompson, one of the CEOs of the Landlord's Guild who is extremely experienced and knowledgeable, so I don't believe he would entertain bringing a case that might be thrown out of court.

Reading between the lines, I would surmise that in practice a judge would have been likely to have accepted a claim pursuant to the s.21 on face value. The question of the tenant's NTQ would only have come up if the tenant brought it up as a defence, which I believe would have been unlikely (unless the tenant was very well advised and/or very well informed).... Read More

Mandy Thomson

A week ago
Landlords Ombudsman Coming Soon

Reply to the comment left by Mark Alexander at 08/10/2017 - 11:49Except that on the page from Landlord's Guild relating to Thompson v Thorpe and Thorpe-Taylor it states: "A section 21 notice was served on the tenants at around the same time as the notice to quit was given to us, so upon expiry, there was going to be multiple options for possession (rent arrears, notice to quit from tenant and section 21 notice)."
So if the s.21 route would not have been available, why was it being considered as an option?... Read More

Mandy Thomson

A week ago
Landlords Ombudsman Coming Soon

Reply to the comment left by Mark Alexander at 08/10/2017 - 11:03
Yes - I agree, Romain was correct. I have passed the article about the case onto my manager and my other senior colleague. However, I believe their response will still be that in practice it's easier and safer to use the tried and tested s.21 route.... Read More

Mandy Thomson

A week ago
Landlords Ombudsman Coming Soon

Reply to the comment left by Mark Alexander at 05/10/2017 - 16:51
I have found a precedent where a landlord successfully evicted on the strength of a tenant's notice (and was awarded double rent under the Distress for Rent Act): see Thompson v Thorpe and Taylor-Thorpe Leeds County Court 13 December 2012 2QT33017.

As the article refers to the former tenant being treated as a trespasser, I double checked correct possession route and can confirm it is the standard and not the trespasser route.... Read More