Neil Patterson

Registered with Property118.com
Monday 7th February 2011

Member of The Landlords Union

Insures properties through a broker recommended by Property118
Yes


Latest Comments

Total Number of Property118 Comments: 2909

Neil Patterson

17:00 PM, 17th July 2019
About 5 hours ago

Would it help the situation if I become a live in landlord?

Response from Enayat Ahmed, Solicitor for Landlord Action:

"Hi Sophie,

The situation which you have described is unfortunate and is clearly causing problems for the other tenants as well as, no doubt, yourself.

You mentioned you have a HMO house and refer to the occupiers as tenants. I am therefore assuming each individual occupier has an AST for at least 1 room each and they share some of the amenities. If this is the case, moving in as a live-in landlord would not ease the situation. This is because the status of each occupier is already determined by the AST which they have. They enjoy exclusive possession of their individual room and unless they vacate voluntarily, you will have to evict them using the section 8 or 21 route. You cannot change the locks or remove the tenant’s belongings.

Even if the HMO becomes you main dwelling, this will not change the status of the occupiers and the police will not evict them.

In order to evict the tenant using the section 21 route, you will need to ensure you have supplied the tenant with the prescribed information (in relation to the deposit, if applicable) and complied with the prescribed requirements. If you have not complied with these requirements, you will need to do so and re-serve a section 21 notice. Alternatively, you may wish to consider serving a section 8 notice based on breach of contract for bringing a dog to the house and for causing nuisance.

I hope the above helps and you are able to obtain possession of the room from the problem tenant amicably.”... Read More

Neil Patterson

8:27 AM, 17th July 2019
About 14 hours ago

How should we go about a change of letting agent?

Hi Cindy,

Your experience does not sound like the normal actions of a reputable lettings agency.

You need to check the terms and conditions of the contract you signed with this agency as they may have clauses tying you in with penalties. However, this may be negated by a complaint to the redress scheme they must belong too. See .Gov notes above.

Please also check they have Client Money Protection insurance.... Read More

Neil Patterson

12:41 PM, 16th July 2019
About A day ago

Illegal HMO- Do we advise Council?

Hi Martin,

I would say it is better the council do not find out on their own.

However, as some councils can be very heavy handed I would seek legal advice and representation first.

Maybe worth checking out Paul Shamplina and his legal team at Landlord Action as they will have run across most scenarios before.... Read More

Neil Patterson

12:15 PM, 16th July 2019
About A day ago

Zero Tolerance - £30k per offence?

Hi Marie,

Can I ask which council it is please?... Read More

Neil Patterson

12:00 PM, 16th July 2019
About A day ago

Lease covenants breaches by the Landlord

Hi Cy,

If you can get the majority of leaseholders together you can try to force taking over the management yourselves.

The government reference site "Leasehold Advisory Service" has the most helpful reference material and also I believe a panel of lawyers that can also help with the breaches.

Please see >> https://www.lease-advice.org/... Read More