Ian Narbeth

Registered with Property118.com
Monday 8th July 2013


Trading Status

Providing essential rental accommodation since

Insures properties through a broker recommended by Property118

Latest Comments

Total Number of Property118 Comments: 538

Ian Narbeth

12:54 PM, 19th October 2018
About 2 days ago

AST renewal post agent?

Hi Cheryl
If you terminate the agency then the deposit will need to be repaid and then paid back to you to register with a deposit protection scheme. Ideally get this agreed in writing with the tenant before you sign the new tenancy.

You need to watch out that the agents don't try to claim a renewal fee if you re-let to the same tenant - see e.g. https://www.property118.com/renewal-fees-tenants/... Read More

Ian Narbeth

10:41 AM, 18th October 2018
About 3 days ago

New Freeholder changing the Right to Let game?

Hi Thomas
You should consult a solicitor.
It is unlikely the landlord can now take any action against you if the previous landlord has waived his rights to enforce the clause. Have you paid any ground rent over the last 8 years? Did you give formal notice of the tenancy to the previous landlord?
The problem you will face is when you come to sell or re-mortgage you will need to disclose that you are in dispute.
If the landlord simply wants reasonable legal costs covered to document the variation then I would go with that. If he wants a substantial premium you may be able to use section 84(12), Law of Property Act 1925. Where a lease has a term of 40 years or more, and 25 years of that term have expired, the Upper Tribunal has jurisdiction to discharge or modify restrictions affecting that leasehold land. It is not a foregone conclusion that the tribunal will do this but the threat of it might cause the landlord to be reasonable, especially if other flat owners are in a similar position and he does not want to establish a precedent.
I would also recommend contacting other leaseholders in the building to see if they have received similar letters.... Read More

Ian Narbeth

10:24 AM, 16th October 2018
About 5 days ago

I have stopped letting properties - Fergus Wilson

Hi Fergus
Having vilified you for being a landlord, I expect the Press will now vilify you for not being one.... Read More

Ian Narbeth

10:20 AM, 16th October 2018
About 5 days ago

Renewal fees - same tenants?

Reply to the comment left by David Lawrenson at 16/10/2018 - 10:08Hi David
Thank you for reminding us of the Foxtons' case. The trouble for Danielle is that the case established that a repeat fee is not per se unlawful.
As the article you link to says: "Also, each claim would have to be judged in court on a case-by-case basis. And whether you win or not would depend on the nature of the contract and whether you were aware of the full implications of what you were signing."
Let us suppose that Danielle is advised she has a very strong case that the terms are unfair but the agents disagree. They sue her in the County Court. Unless she is legally trained she will have to pay lawyers to defend her. The agent may be able and willing to spend far more on high-powered lawyers than she is. (She is trying to avoid paying £1000 or so. They have at risk many times that if a precedent is set on their standard terms of business.) She will have to show that the terms were not prominent, that she did not in fact know what she was signing and that she is a consumer landlord. She may be able to do so but it all costs time and money for my profession.
Even if she wins, which is never certain in litigation, she will probably be out of pocket.... Read More

Ian Narbeth

10:00 AM, 16th October 2018
About 5 days ago

Renewal fees - same tenants?

Reply to the comment left by Chris Daniel at 15/10/2018 - 21:31Chris
I don't think the contract requiring repeat fees, especially at a lower % than initially falls foul of the Unfair Terms in Consumer Contracts Regulations 1999. I am happy to be proved wrong. The agent's argument is that he has been the effective cause of the introduction and those are the commercial terms agreed. It will be even harder for a landlord if he or she is running a business as they are then not a consumer.
Sorry to contradict you, but Danielle and other landlords are far better advised to READ THE SMALL PRINT and negotiate the contract at the outset than to "Just dismiss them with a month's notice" which will probably lead to a CCJ against the landlord.... Read More