Alistair Cooper

Registered with Property118.com
Sunday 24th November 2013


Latest Comments

Total Number of Property118 Comments: 48

Alistair Cooper

14:26 PM, 26th March 2021
About 4 weeks ago

Allowable legal costs for tax purposes?

Transfer costs could be off set as capital costs; ie against CGT on any future sale
Remortgage fees & related solicitors fees would be considered as finance costs so now due to Sec 24 relief will be restricted to basic rate of 20%
Interest on the new mortgages will benefit from 20% relief as long as their aggregate value does not exceed the value of the properties on the first day they were let.... Read More

Alistair Cooper

8:55 AM, 25th March 2021
About 4 weeks ago

EPC required for HMO where rooms are on seperate tenancy agreements?

Section 6(5) of the 2012 Energy Regulations refers to the letting of a building or building unit and not a section within a building.
Interestingly the How to Rent Guide published by the DCLG which we are also reqd to serve at the inception of the tenancy used to specifically state in previous editions that an EPC was not reqd for HMOs but I notice in the latest edition this comment has been removed. The law hasn’t changed so even the DCLG are sitting on the fence!
It all comes down to wether or not a room is a ‘unit within a building’
The matter was tested in the County Courts in Home Group Ltd v Henry (2018) where the defendant was trying to wriggle out of possession on the argument the sec21 notice was invalid because he had not been served an EPC. The judge concluded that an HMO room was not a building or a unit within a building and as such an EPC was not required. The landlord gained possession.
The problem is that County Court judgments are not binding, so for the sake of £50 you may as well get one and serve it. Most solicitors and lenders are unsure on the legal position and want to see one anyway!... Read More

Alistair Cooper

11:13 AM, 19th March 2021
About a month ago

When can I re-let room after tenant has done a runner?

Sadly this is a dilemma landlords regularly face with the law being very ‘grey’ in this area.
To be sure of abandonment it is best to document everything with photographs and get signed statements from the fellow tenants confirming he/she hasn’t been seen. You are still required to take reasonable care of the tenants possessions; keep in storage for 3-6 months and make every effort to contact the estranged tenant by writing messaging etc to the alternative address you may hold on the Prescribed Info etc
Even then you as the landlord are always at risk of being accused of illegal eviction without a Possession Order. Even then it is recommended to go all the way to a Bailiffs appointment before emptying the room and changing locks
The problem at present with our almost non functioning civil (no) justice system is that it can take a year + to get to a Possession Order and Bailiffs Appt even after waiting until there are 6 months arrears before being able to serve a 4 wk notice Sec 8, so in total 19 months is not unusual! (If you serve Sec 8 before 6 months arrears 6 months notice before issuing proceedings has to be given!)
Unfortunately it’s a tough call between being accused of illegal eviction and losing £10,000 !... Read More

Alistair Cooper

9:58 AM, 11th March 2021
About a month ago

Eviction ban extended to 31st May

Yet another extension has nothing to do with protecting the vulnerable tenants the govt claim to be serving; rather another cynical move to avoid the cost of housing those rightly evicted and appear friendly to ‘generation rent’ All the main political parties are indulging so this is not a party political point.
Let’s face it with the visually non functioning courts and ludicrous notice periods, hardly anyone less than 8 + months in arrears is facing eviction at present.
Universal Credit Housing Element rates have been generously increased to in excess of market rates in some areas so there is little genuine excuse for anyone falling into such serious arrears.
Such a move is abhorrent to natural justice. Major supermarkets are not ‘required’ to invite a thief back in every day for a year to steal yet more, however, ‘keeping’ the Housing Element of Uni Credit is considered a morally acceptable stunt!
Ultimately the good tenants will suffer as more and more landlords simply give up and a reduction in supply worsens.... Read More

Alistair Cooper

19:21 PM, 8th March 2021
About a month ago

Are Lambeth's Proposed Additional HMO Conditions Illegal?

Of course the net result of ludicrous and over zealous enforcement and regulation by Councils, who in their own right have no idea whatsoever of how to run an HMO is to cause the supply of such affordable housing to further decrease as more and more landlords look for an easier route to generating an income or give up all together.
This in turn harms the very tenants they claim to be trying to protect!
The net cost of even trying to comply with the above could top £600 pcm per property. I think most tenants would rather buy their own hand sanitiser for £1 than face a 20% hike in rent!
And most 16 yr olds would rather be as far away from their parents as possible and would feel it safer and more private to use an en-suite than walk through a corridor after sounding an alarm to use the toilet!
You do begin to wonder what it going through the minds of those that author these ideas???... Read More