Ian Narbeth

Registered with Property118.com
Monday 8th July 2013

Location
London

Trading Status
Joint

Providing essential rental accommodation since
1989

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 859

Ian Narbeth

14:35 PM, 19th November 2019
About 60 minutes ago

Can I contract that any new tenant provides their own reference?

Reply to the comment left by Queen Victoria at 18/11/2019 - 19:08
Queen Victoria, amused. Geddit?

You seem to be taking a contrarian, somewhat academic position. Not one of over 150 tenants in the past six years has asked for sight of bank statements.

I have no problem with prospective tenants talking to current tenants about us as landlords and how we look after our tenants and the property. However, it is not pertinent to see our bank statements.

As mentioned previously every tenant is free not to take the property. My gaff, my rules.... Read More

Ian Narbeth

15:35 PM, 18th November 2019
About 24 hours ago

Can I contract that any new tenant provides their own reference?

Reply to the comment left by paul robinson at 18/11/2019 - 14:59
Hi Paul
If you agree it in writing you should be OK as you would simply show that agreement to the Council. The Council may take a dim view of a tenant who agrees £50 but turns round a week later and says a reasonable fee was £30.... Read More

Ian Narbeth

14:55 PM, 18th November 2019
About A day ago

Can I contract that any new tenant provides their own reference?

Reply to the comment left by paul robinson at 18/11/2019 - 14:49 Paul I agree. The problem is £50 will be seen as the "norm" by Councils (even in 10 years time when the figure won't have been increased by Parliament). Unfortunately the Act doesn't simply say that the landlord has to repay the difference if the Council/court thinks he has charged too much. The excess is a prohibited payment and the landlord is liable for a fine and/or being put on the rogue landlords' register.... Read More

Ian Narbeth

11:06 AM, 18th November 2019
About A day ago

Can I contract that any new tenant provides their own reference?

Reply to the comment left by Jim S at 16/11/2019 - 09:00Jim
Para 6 of Sch 1 of the TFA deals with payments "in consideration of the variation, assignment or novation of a tenancy at the tenant’s request". This would cover the Landlord agreeing that tenants A, B and C can assign to A, B and D.
Para 7 of Sch 1 of the TFA deals with payments "in consideration of the termination of a tenancy at the tenant’s request—
(a) in the case of a fixed term tenancy, before the end of the term, or
(b) in the case of a periodic tenancy, without the tenant giving the period of notice required under the tenancy agreement or by virtue of any rule of law."
Once the tenancy becomes periodic the tenants need to give notice to terminate it. If they do not, the tenancy continues indefinitely. In my example A, B and C may not want to give notice in case the landlord accepts it and asks them to leave. So they may request that the existing tenancy is ended and a new one given to A, B and D. That raises an interesting legal point. Will a court hold that the amount of the payment exceeds the loss suffered by the landlord as a result of the termination of the tenancy? Is it a "loss"? Does it arise "as a result of the termination?" Great questions for a law exam.! However for landlords the issue is does he risk it for £50? If the tenant threatens a complaint to the Council the landlord's upside is that he is hundreds of pounds out of pocket if he has to take professional advice and his downside is a massive fine and the risk to his livelihood.
Landlords are on safer ground either refusing any request or agreeing only to the assignment of the tenancy to A, B and D. As so often with badly thought out legislation there are unintended consequences.... Read More

Ian Narbeth

10:37 AM, 18th November 2019
About A day ago

Can I contract that any new tenant provides their own reference?

Reply to the comment left by Queen Victoria at 16/11/2019 - 08:22We are mildly amused by your question but it misses the point.
I am not asking the tenant to trust me to make regular payments. The tenant is not entrusting me to take care of an asset worth several hundred thousand pounds. I cannot "do a runner" and leave the tenant with a £2000 debt that they have little chance of recovering. The law does not give me as a landlord very substantial rights to prevent the tenant exercising his or her contractual rights.
None of my prospective tenants has ever asked but I would point out that I run my business through a company so the accounts are public. The tenant can also talk to other tenants to find out what I am like as a landlord. If that is not sufficient, the tenant is free not to do business with me.... Read More