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Thursday 6th June 2013

Latest Comments

Total Number of Property118 Comments: 704

Industry Observer

11:41 AM, 7th November 2016, About 5 years ago

New TPO guidance states - express tenant consent for access should, rather than must be obtained

Just to be clear any time a tenant says "no entry" you do not go near the place. If you do the breach will be the Landlord's, as well as the tenant's. Landlord's is of quiet occupancy, tenant's is of the agreement, typically not acting in a tenant like manner. Statute always overrides contract, the tenant's rights are statutory, the Landlord's are contractual.

So guess which one any Court will regard as the more serious breach?

If the tenant does not object then the TPO guidance is saying silence is deemed to be acceptance of the visit. Course half the time if they are in when the key goes in the lock they will refuse entry, and if you argue and say you have the right they will change the locks. 'Twas ever thus.

But the TPO guidance is useful in confirming silence is acceptance. However do not believe that any amount of creative writing of agreement clauses will entitle you to access. If the tenant demurs in any way you keep away.... Read More

Industry Observer

8:40 AM, 20th September 2016, About 5 years ago

Refund for hotel expenses while property was infested

Romain is right MacDonalds, not The Four Seasons for dinner.

The whole key is whether the property was uninhabitable, or whether the decamping and to a hotel, not B&B, was essential or personal choice/preference.

Leaving it a year weakens the case dramatically - evidence?... Read More

Industry Observer

8:35 AM, 20th September 2016, About 5 years ago

The criminalisation of landlords by Durham Council

Be advised anyway that there is a very short clause in the 2004 Act, I can never remember the number but it is in there, which basically gives Councils very wide discretionary powers when it comes to detailing conditions for licences. May only be for mandatory, though I don't remember seeing that word in the clause when I last visited it, just refers to in connection with granting a licence, or similar>

This explains why some Councils "demand" a fresh full electrical certificate every 2 years, for example.... Read More

Industry Observer

16:13 PM, 19th September 2016, About 5 years ago

Care of address on tenancy agreement?

There is no obligation AT LAW for a tenant to demand a Landlord's private, personal address. All a tenant is entitled to is an address in England and Wales for the purposes of serving notices on the Landlord.

There is nothing in the Statute which requires a personal land address, if an agent receives such a request they confirm their address as the address for service of notices. Because that is the landlord's business address.

There has never been a Court case to confirm otherwise.... Read More

Industry Observer

17:53 PM, 24th August 2015, About 6 years ago

Forced to become a tax exile?

Only just seen reference to this on Tessa's site.

You're not serious Mark, surely?... Read More