Richard Peeters

Registered with Property118.com
Friday 22nd November 2013


Latest Comments

Total Number of Property118 Comments: 128

Richard Peeters

9:11 AM, 13th September 2019
About 6 days ago

Can I issue S21 during counterclaim situation?

We had a difficult tenant (last one out of an HMO that we needed major upgrades ahead of the new HMO regs from Oct 2018). His legal aid solicitor also used the disrepair and counterclaim route against our s8 (arrears and possession) claim, delaying that process in ways that kept causing adjournments.

We then started a new s21 process (just for possession), and the solicitor then forced the court to combine the two processes, in such a way that it caused more adjournments.

A new judge agreed to consider the s21 first, and upheld a previous s21 judgement in our favour, despote the sol's arguments trying to derail s21 on procedural steps (we had all the evidence).

This then gave us leverage to have the tenant agree to drop the counter-claim in exchange for our dropping the s8 arrears claim, and to get a couple of weeks extra to vacate. The tenant did leave on the day the judge had set (with our agreement), but the fact that the tenant had noticed of the eviction date from the bailiffs must have helped.

In summary, in our case the s21 *did* help us with the s8 and counter-claim, but you will need plenty of evidence to make sure the s8 can't be overturned. Your sols will want to charge double for dealing with two claims (s8 and s21) even though it's actually the one situation.... Read More

Richard Peeters

10:05 AM, 30th August 2019
About 3 weeks ago

Landlord needs advice on HMO planning questions

Hi Luke, you might need to add more info to get some informed responses here, for example:
1. Does Barnet BC operate an Article 4 scheme in that area, which would mean you cannot rely on permitted development to use it as an HMO (C3 to C4). Was that the change in May 2016?
2. Are there five or more occupants in the HMO (which would put it under the mandatory HMO licensing regime)?
3. If less than five, then does Barnet BC operate an additional licensing scheme?
4. Was there some non-residential use of the flat that caused it to be classed as "mixed use"? Yes, if you had that amended to Residential-only, there may be repercussions, perhaps including a Council Tax bill with late payment penalties.
5. While strictly neither planning nor licensing related, do the terms of the flat's lease, mortgage and insurance policies, allow subletting? If yes, do they insist on all occupants being on one AST, and not room-by-room? This is important because the freeholder can forbid non-compliant operation; the licensing authority will inform mortgage lenders of the license; and you also want your insurance to remain valid.... Read More

Richard Peeters

8:47 AM, 28th August 2019
About 3 weeks ago

One of the best kept secrets? - The SSAS “Loanback”

Reply to the comment left by Vero at 27/08/2019 - 23:51
"EG if the resi property is to be used as the loan security, then stipulate that the resi property must be sold if the company defaults on the loan, & the sale proceeds paid to the SSAS to cover the loan."

This is a important distinction and a big foot in the resi door. Vero, is that a rule for *all* SSAS schemes, or specific to some providers?... Read More

Richard Peeters

13:22 PM, 27th August 2019
About 3 weeks ago

Richard Peeters

13:14 PM, 27th August 2019
About 3 weeks ago

One of the best kept secrets? - The SSAS “Loanback”

May I ask which provider you finally chose?... Read More