Mandy Thomson

Registered with Property118.com
Wednesday 13th November 2013


Latest Comments

Total Number of Property118 Comments: 1049

Mandy Thomson

5 days ago
No notice, because "it's my house"!

Reply to the comment left by Teddy at 11/06/2018 - 23:37“The Protection from Eviction Act only applies to residential occupiers and not to those who have cease to live at a dwelling.”
I believe you'll find the Protection From Eviction Act extends to common law tenancies. Licences (e.g. typical lodger room agreement) are excluded. I can't see anything within the Act that excludes a landlord who doesn't live in the property or only lives there part time.
Part 1, section 1 of the Act states, "(1) In this section 'residential occupier', in relation to any premises, means a person occupying the premises as a residence, whether under a contract or by virtue of any enactment or rule of law giving him the right to remain in occupation or restricting the right of any other person to recover possession of the premises [my italics] In other words, provided the tenant is entitled to live in the property, he has protection from eviction.
However, a tenant who isn't living in the property or has a main residence elsewhere, is unlikely to have any form of assured tenancy - only a common law tenancy.... Read More

Mandy Thomson

6 days ago
No notice, because "it's my house"!

Reply to the comment left by Luke P at 10/06/2018 - 22:11
If rent payments have stopped and furniture and possessions removed, this is NOT conducive with wishing to continue with a tenancy but IS conducive with surrender by operation of law.... Read More

Mandy Thomson

2 weeks ago
Evicting wife of tenant not on the agreement

Kate Mellor is spot on. Further, if you have to do the eviction yourself, to make a standard eviction claim, you need to complete forms N119 and N5 (NOT N5B which is for accelerated possession only) and pay a £355 court fee. If you join one of the three main landlords associations you can get further guidance on this, including advice on filling in the forms.... Read More

Mandy Thomson

2 weeks ago
Shadow Housing Minister wants 3 week deposit maximum

What about replacing deposits with damage insurance where landlords and tenants both pay an affordable premium towards?... Read More

Mandy Thomson

2 weeks ago
Landlord Law conference important update on Gas Certificates

Just when you thought the fallout from Caridon v MS couldn't get much worse, I learned about a tenant the other day who knows all about Judge Luba's ruling and is using it against the landlord.

The landlord wanted to do a tenancy renewal then serve s.21, but the tenant wasn't having it and actually told the landlord he wasn't going to be able to evict him...... Read More