Michael Barnes

Registered with Property118.com
Wednesday 10th July 2013


Latest Comments

Total Number of Property118 Comments: 750

Michael Barnes

4 months ago
Doing a deal with a tenant who is in arrears?

Reply to the comment left by "jay shah" at "16/06/2017 - 09:12":

No deposit is returnable until the tenancy has ended and vacant possession obtained.

Tell the guy this.

Deposit (less deductions) goes to the person in whose name it is registered.

If it is a periodic tenancy, then the guy can serve notice to end the tenancy for both.

Until the tenancy is ended, the guy is responsible for paying you the rent: you can pursue him through the court for that.... Read More

Michael Barnes

4 months ago
Update on Nottingham City Council Selective licencing scheme

Reply to the comment left by "Ollie 2000" at "14/06/2017 - 12:22":

Secretary of State is a US position.

How is that relevant?... Read More

Michael Barnes

4 months ago
Residential Rent Increase RPI or OMV

Reply to the comment left by "Gareth White" at "13/06/2017 - 13:26":

Very badly written clauses.

As written, one could argue that
- after the first year the rent is ONLY the increase as calculated by the formula, not the original plus the increase.
- If the tenant is not on housing benefit, then no rent increase is applicable (and from first point) no rent is payable.
- if tenant was married originally and became not married and hence became entitled to less housing benefit, then the rent should go down.

However, judges tend to reject such absurdities and try to determine what the parties actually meant. So in this case probably "new rent = original rent increased by the same proportion as housing benefit has increased since the start of the tenancy".

So, as suggested above, you need to determine
a) housing benefit entitlement at start of tenancy.
b) housing benefit entitlement now.
calculate b/a and multiply that by original rent.

I think you cannot use inflation, as housing benefit may have changed by more or less than inflation (as suggested by a post above).... Read More

Michael Barnes

4 months ago
Update on Nottingham City Council Selective licencing scheme

Reply to the comment left by "Chris Daniel" at "12/06/2017 - 19:11":

I agree.
But there was opposition in these pages (https://www.property118.com/april-6th-landlords-fined-30000-without-court-prosecution/96203/) to that process; possibly knee-jerk reaction rather than considered opinion.... Read More

Michael Barnes

4 months ago
Potentially violent neighbour and I am too frightened to go back

Do you have a friend who could accompany you home, and possibly stay for a few days?

Also, a personal video camera (one you wear) might help gather evidence?... Read More