wayne carson

Registered with Property118.com
Wednesday 25th February 2015


Latest Comments

Total Number of Property118 Comments: 21

wayne carson

11:13 AM, 11th June 2015
About 5 years ago

Bailiffs at our empty rental property

You say the tenants previous tenants had vacated? How did you know this? I presume that you have visited the property since their moving out? Was there any post addressed to you from the utility provider? Who was the person named on the bills with the utility provider? Surely if you had bills landing on the doorstep from utility providers after they had moved you should have contacted them to advise they no longer resided there? The debt is against the consumer, not the property. You would of course be liable for standing charges and usage after their vacation date. All you would have needed to do was provide a copy of the tenancy agreement ( hopefully with a clause in it stating they were liable for the utilities ) and a vacation date and meter reading. Anyway that horse has bolted, lesson learnt for the future.
I am afraid some of this sounds your fault for not checking everything after they had moved out. Have you sorted out the council tax? Just in case you had forgotten about that too!
In terms of the power of entry there are rules that are required to be satisfied before a judge can issue a warrant. One of those must be that the requester must prove that the address is a verified address of occupancy. I am a bit vague over what powers they executed the warrant under. However, I believe that most county court warrant are against a person not a property ( normally ), criminal warrants can be against both. dependent under the law required for entry. I have a nagging feeling that the utility companies abuse this power they have and carry out the execution of the warrants without consideration of the full extent of their powers. i.e they overstep their remit. These companies have an entire army of staff to deal with absconded debtors, i am feeling they have not applied themselves in this case.
As a former police officer when we executed a warrant to arrest a person, once we found out that the person did not reside there our power to remain or to proceed with anything else ceased, i'm fairly sure the same rules apply for any warrant, i could be wrong.
Also under Section 11 Landlord and tenant Act 1985 you have a duty to provide utilities to the property water, gas etc.. you cannot move the tenants into the property without these being in place and working.... Read More

wayne carson

15:24 PM, 21st May 2015
About 5 years ago

Charging Admin Fees Post Tenancy

I would suggest that under the Data Protection Act you are required to keep copies for a reasonable period of time. I would suggest that you are considered the Data Controller so therefore the onus is on you to process and store any information on your Clients.
It does not necessarily need to be hard copies but one would presume that the subject provided personal information to you regarding their personal life in order to be considered for tenancy? This falls information falls under the remit of the act.
Best practice is to keep all records for 6 years. I know the police do this. they scan all papers and keep originals for 6 years.
In relation to your situation i would suggest that you inform the former tenant that copies run at £20 but they will have to be unsigned copies as you protect tenants data by destroying hard copy personal data of non current customers confidentially. You could be in breach of the Act by not being able to provide the data if officially requested.
I am suspicious as to why they would want such a copy. I would concur with the comment by Luke that someone has been singing into their ear. Ensure that you have complied with all requirements of deposits etc.. Registered in 30 days and issued prescribed information with 14 days of that. Such things as that can be claimed for retrospectively.... Read More

wayne carson

9:36 AM, 15th May 2015
About 5 years ago

Transfer of Tenancy agreement

I think what the question is about is in relation to the tenancy agreement. Speak to your relevant deposit scheme to make sure you tick the boxes and get responses in writing. In relation to the actual tenancy it's a personal choice. If you have a good tenant and want some reassurance of tenure then get them to sign a new AST with the correct landlord details on it. If you are not too bothered about tying the tenant into another fixed term then simply serve a section 47/48 notice (very simple document) that lists you as the landlord and a new address for service. Many agents will encourage you to sign a new tenancy agreement, it is a cash generator for them. Reality is you don't need one you simply need to tweek the facts of the existing one as i suggested above. saves money. If you want to put up the rent then a new AST will be required unless they agree and then a section 13 notice can be issued.
I agree though with the transfer of ownership between you and your father comments by Mark, there are a lot of potholes. Mind you conveyencers and solicitors alike can be hit and miss in terms of levels of service, so ask for referrals from like minded people/investors. In particular watch the HMRC. You don't really need them to interfere with the tenancy though. Often in my experience they mess them up as they don't actually deal in this field.... Read More

wayne carson

14:31 PM, 11th May 2015
About 6 years ago

Tenants say they should have been told house was in a bad area

It is relatively easy to find out what an area is like crime wise. There is even an app you can get. You won't get nitty gritty details but a brief over view of the types of crime.
if the letting agent was aware of issues relating to the property the. Under the code of practice laid down by the property ombudsman and stated in the the consumer protection and unfair trading regulations they should make any tenant aware.
I feel the relevant question here is how far does that liability/duty extend. Direct Neighbours yes, neighbourhood less so.... Read More

wayne carson

10:25 AM, 9th May 2015
About 6 years ago

Out on my ear after 25 years

A section 13 notice must be agreed upon by both parties. If the rent cannot be mutually agreed then it could go to the local rent arbitration panel and this could go either way! So be careful shouting off about the rent if you know you are on a good thing.
If a solicitor goes to court knowing they are running a risk of losing then they are not practicing in accordance with their codes of conduct and in any case Nicola would then be able to claim costs, which recently I have seen bills of £6k for Shelter appointed lawyers. This simply won't happen, a polite letter, intelligently structured without emotional content pointing out about the age and type of tenancy will suffice to stop them in their tracks. If they don't know the difference between assured and assured short hold then I feel they won't have the experience to evict a tenant on an assured tenancy.
If an assured tenancy is in place then the section 21 cannot be relied upon in court. They would have to evict along a fault basis such as some of the section 8 grounds we use today. If as per Nicolas statements she has been a good tenant then they can't evict her.
The tax issue would not stall or prohibit an eviction. As it is over 6 years ago it has passed its statute of limitations in terms of prosecution.... Read More