Julie Kirby

Registered with Property118.com
Monday 13th January 2014

Latest Comments

Total Number of Property118 Comments: 12

Julie Kirby

19:42 PM, 24th April 2019
About 2 years ago

Dispute on certification for fire doors going to court?

We’ve been informed that the Small Claims case we are bringing hinges on whether the information contained in the Ministry of Housing, Communities & Local Government Advice Note (MHCLG/BSP/Advice Note/16/310718) is legal. This document contains many references as to the provision of paperwork, one of which is reproduced below:

Item 16 states ‘Replacement doorsets should have test evidence from a UKAS accredited test facility, or equivalent17, to ensure they meet the standards set out in the Building Regulations guidance’.

This guidance note stems from the regulations in Article 50 of the 'Regulatory Reform (Fire Safety) Order 2005' which references ‘Communities and Local Government guidance’ to assist responsible persons to fulfil their duties. Article 50 provides that the Secretary of State must ensure that such guidance, as he considers appropriate, is available to assist responsible persons in discharging their duties under the Order. Communities and Local Government has produced guidance for responsible persons in the types of premises covered by the Order.

Given that the Fire Safety Order (which is an ‘Act’) points to guidance, could anyone offer an opinion as to whether the guidance is also a legally enforceable document?

Thank you.... Read More

Julie Kirby

7:10 AM, 8th April 2019
About 2 years ago

5k charged for Right to Consolidate?

We have sold two properties recently with M.E. mortgages after first obtaining a letter from M.E. confirming they would not call in all the mortgages as a result of the sales. For one of them they just kept the extra proceeds of the sale and they chose which remaining mortgage to allocate the proceeds against based on their current valuations and the biggest LTV across our portfolio. For the other they required us to pay off another £2000 of our overall debt - which we paid initially to our solicitor's holding account. However the sale took 4 months and on completion of the sale our solicitor had different redemption figures from M.E. to those in their original letter to us. We both rang M.E. to check which figures to use and were told to use the new figures as their valuations change all the time. So their more recent valuation meant our portfolio LTV had improved and our solicitor refunded the £2000 which ME no longer required! One other point, on ME's redemption letter the daily interest charge listed is there to help calculate how much of the usual mortgage payment is owed for each day that the sale date extends past the assumed completion date. Hope this helps.... Read More

Julie Kirby

8:07 AM, 5th April 2019
About 2 years ago

Julie Kirby

7:23 AM, 25th April 2018
About 3 years ago

Thinking out of the box or garage?

Having rented out a garage hassle free for 10 years the current tenant has stopped paying and left her partner's wrecked car in it. Police have confirmed from the VIN number that it is indeed their car (no plates) and not stolen. Does anyone have any idea how to gain possession? I have the tenant's address, copy of driving licence and bank statement plus working email address but phone number has been changed.... Read More

Julie Kirby

10:01 AM, 21st November 2017
About 3 years ago

Agent responsible for PMQs UC eviction letter meeting PM's Policy Board Chairman and Shadow Housing Minister

You may be able to use my current example for my property in Cwmbran, south Wales. We are experienced landlords and let to working families (which is a condition of our mortgages).
Our joint tenants of two years – who have made a lovely home - have had a change of circumstance, have a new baby and have dropped to one wage for now. They tell us they have had a UC claim in since August which keeps deducting for twice the one wage coming in -but if and when it is sorted they will be eligible for the housing benefit element (£100 less than the current rent).

I have spent some time negotiating the system but have been unable to verify any of this as I’m not a party to the UC application. As the arrears stand at two month’s rent to date I have followed the UC website ‘potential eviction’ link which generated a call back only to be told they cannot verify any details as I’m not authorised on the account! I have filled out a UC47 online and am astounded that this hasn’t even generated an acknowledgement – we have no idea whether it is being processed. In addition my tenant is at the end of his patience and tells me that he will no longer phone UC as calls have already cost him so much money – so I cannot get added to his account to verify anything – how long does the UC system expect us to wait and why?

I have spent time researching our tenants’ options to try to help them out. I have spoken to our local bond scheme to ask if they would provide a bond to him as an existing tenant so we could use his current bond to pay off one month of arrears. I’m told the bond scheme is usually for new tenancies but they would be happy to meet the tenant – he has done nothing about this – but does work 50 hours a week and has a new baby. I’ve also referred him to our council’s financial inclusion team as there may be a discretionary housing payment available – haven’t heard a thing since. I sent the tenant’s wife info on the married tax allowance – which she hasn’t replied to.

We are prepared to wait for the next rental date but if no payment is received again we will be carrying 3 month’s arrears and are holding only a one month bond. We are still paying mortgage payments and are aware that one of the mortgage conditions has been breached.

Unless anyone has a solution the only option I can see is to issue an eviction notice two weeks before Christmas to a working family with a young baby which is definitely what we have been trying to avoid.... Read More