Heather Moriarty-Phillips

Registered with Property118.com
Tuesday 19th June 2012


Latest Comments

Total Number of Property118 Comments: 7
Contents insurance needed on exchange or completion?

There is a difference between freehold houses and flats. You must insure the buildings on exchange of contracts on a freehold. The service charges on a leasehold flat will include your share of premium for buildings insurance . You therefore need to Consider landlords contents cover but most importantly third party liability and possibly even employers liability so that any injury caused to your tenant, visitors or contractors due to your potential negligence is covered. I would do this on exchange of contracts as a matter of course bearing in mind the premiums are much less than or buildings insurance. You only need someone to trip and injure themselves on a worn carpet to land you with a potential claim!... Read More

Is he a landlord?

Hi Sharon. Your partner is not a landlord, there is no tenancy between him and his ex wife. She has a court order and as you said the court order was made in the divorce it is binding on both husband and wife. The terms of the order cannot be varied as divorce settlements are final . The only exception is they can be varied by agreement between the husband and wife which sounds unlikely here..However the order may contain words " liberty to apply" which means you can go back to court for working out the details of the terms of the order eg the wife not looking after the property properly. It is important for the property to be maintained as it will affect value in 2016. Check the terms of the order carefully particularly if there are some trigger events which might specify she loses the right of occupation, if they are there they will be set out clearly. Most importantly if your partner is concerned his asset is depreciating he should consult the solicitor who acted for him in his divorce who will have notes of all that took place at the time.... Read More

Agent's breach or tenant's breach? Please HELP!!

Did the agent not issue you notice that the deposit had been protected after the start of the tenancy?Was the inventory done by the agent or by an independent inventory company? If the deposit was protected and an inventory done and it is clear on check out the inventory revealed there had been damage then I would be refusing to return the deposit and lodge notice of dispute with the appropriate dispute service. The deposit if held by the agent would be sent to the dispute service and representation made by both sides.. There are some strange gaps here as the agent is your agent, not the tenants and should be totally supportive of you if the facts clearly show the tenants have caused damage. I agree you have a more questions to ask your agent. Watch time limits for dispute service.... Read More

No pet policy, tenants have 2 dogs with pups, help!

I have always let to pet owners with little problem although a condition of the
Tenancy agreement is that I take an increased deposit and insert a clause that
the carpets are professionally cleaned and sprayed at the end of the tenancy. As you know there are dogs present I would be inclined to write to the tenants saying that you know that to be the case and you would like to inspect and get their reassurance any damage will be resolved by them . Once it is out in the open maybe it will not be such a concern to you. If they are otherwise good tenants and you have not had a void for a long time it is probably best to stick with them. Is it time for a rent increase? Check with them that the pups are to be homed, 7 dogs would be a different story!... Read More

The 2013 buy to let goldrush

Well 2013 was always going to be the turning point in the property market! I am long enough in the tooth to have seen several cycles of boom and bust and the tide is turning. Based on the basic principle of economics, supply and demand, we are an island, housing stock is limited and the population is increasing. 2012 gave us a feel good factor with the diamond jubilee and the Olympics. People are sick of recession and want to move on. Other disasters in the economies of Europe have given us more confidence in our own and recent government incentives have been the icing on the cake. So will this mean more home ownership and less market for the buy to let? I do not think so. Young people like renting. It gives them flexibility in their careers, in their children's education and let's face it spares them the burdens of home ownership when the landlord will fix it. That said from the heart as I have to install a new boiler in one of my properties! Middle aged people are also looking to their pension shortcomings. Where can you have full control over your pension fund? Only by owning all the funds yourself! The elderly more and more are ridding the burden of home ownership if only to defeat long term care costs so all in all the property market has to move forward.... Read More