zhorik

Registered with Property118.com
Sunday 25th August 2019

Trading Status
Sole Owner

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 8

zhorik

14:23 PM, 20th February 2020
About 5 days ago

Tenant claiming £10k damages?

Reply to the comment left by Ian Narbeth at 19/02/2020 - 15:52
why not charge the normal rent and hand it back to them as a gift.... Read More

zhorik

8:31 AM, 20th February 2020
About 5 days ago

Tenant claiming £10k damages?

Reply to the comment left by Ian Cognito at 19/02/2020 - 14:16
See Tenant Fees Act 2019: https://www.gov.uk/government/publications/tenant-fees-act-2019-guidance page 5.
This only applies to tenancies entered into after 1 june 2019.
In Johnson & Ors V Old. http://www.bailii.org/ew/cases/EWCA/Civ/2013/415.html
paragraphs 25 , and 35 onwards.
The problem is they do not clarify what exactly was allowed and whether if the tenant had a good credit record was it permissable to ask for advance rent and that it would not be deemed as a deposit. However, the comment of Sir John Chadwick agreed to by Lord Justice Jackson and Lady Justice Arden is instructive. "he payment on 29 April 2010 was, in part, a payment in discharge of that liability in the same way as it was, in part, a payment of the liability to pay the rent in respect of the month of May 2010 on 1 May 2010. The point can be tested by asking, rhetorically, how the tenant would have responded to a demand, on 1 September 2010, for rent in respect of the month of September 2010. It is, I think, impossible to avoid the conclusion that her answer would have been: "why are you asking me for rent which I have already paid?". And, if it had been suggested to her that she would be liable for interest at 6% per annum on rent for the month of September 2010 if she did not meet that demand by payment of £1,000 forthwith, her answer might have been expressed in stronger terms of indignation."... Read More

zhorik

8:51 AM, 19th February 2020
About 6 days ago

Tenant claiming £10k damages?

Reply to the comment left by zhorik at 19/02/2020 - 08:44I should have added that there was no deposit and the subtenant never paid any rent for the advance period and nor was any rent demanded for that period. Thereafter the rent was paid normally in arrears.... Read More

zhorik

8:44 AM, 19th February 2020
About 6 days ago

Tenant claiming £10k damages?

Reply to the comment left by Trapped Landlord at 18/02/2020 - 15:36
Ian Cognito 's response could be correct though i would like to know the source. I rented out to a company that sublets while we travelled after retirement At the end of their contract they issued an s21 to the subtenant. The subtenant's solicitor argued in court that the advance rent which was supposed to be 6 weeks (they only paid 5) was really a deposit. The Judge agreed and the case was thrown out. The company had never had this decision before and was loath to place in a deposit scheme and reapplied the s21.
this time they quoted from Johnson v old as the subtenant was on housing benefit and had poor credit. The same Judge never even looked at the papers and threw it out again. In the meantime, my wife and i are homeless in limbo while we ait. a process that has taken over a year and a half.... Read More

zhorik

11:34 AM, 15th November 2019
About 3 months ago

The myth that landlords can evict at a moment’s notice

Courts do not make things easier, especially where i live where they have closed one court leaving just one county court to deal with evrything. My saga started September 2018, i and my wife were living abroad whilst she tended her sick father, when the lease was up and we were still abroad i agreed to extend for a year with no rent increase. On the end of the following yearthe tenat was notified and the company issued a section 21. I was letting to a company who specialised in sub letting to people on Benefit. At the end of the notice she had not made any objections and so the company applied for a court date. Another month went by and then the court notified that the tenant had objected to the s21, and a new court date was fixed for two months later. at that court hearing the judge threw out the s21 as he claimed that advance rent was really a deposit and that it should be in the depoist scheme. There had been no deposit asked for but as the tenant was a bad credit risk they asked for 5 weeks advance rent and indeed she never paid rent for the first five weeks. The company had never had this judgement before and when i asked why they did not just put the money in a deposit scheme they pointed out the financial implications. Instead they submitted it again hoping for another judge at that time idiscovered Johnson V Old where the court of Appeal accepted that when a tenant had a bad credit history then asking for advance rent was not to be counted as a deposit. They included this and after the second s21 notice had finished put this in their papers and other legal opinion and resubmitted for a court date. Another 3 months ensued whilst a date came up. by now it was april 2019. The same judge never bothered with thee papers and rejected it outright without a reason. All this time i and my wife were homeless , staying with relatives and friends. THe one good thing was the rent was till being paid. THis time the company placed the money in a deposit scheme and reissued the s21 at the same time formalising an offical complaint about the judge who we suspected knew the tenant as she was a legal secretary and had dealings with the court. However 3 months later they have still not had a court date. So whilst the tenant is sitting pretty in my only house , i and my wife have been sleeping in spare rooms and sofas while we wait. if we had some idea how long it would take we could rent ourselves even though it would cost more than the money we receive from the rental. it has now been over 1 year and 2 months and still no end in sight,.... Read More