Michael Barnes

Registered with Property118.com
Wednesday 10th July 2013


Latest Comments

Total Number of Property118 Comments: 1017

Michael Barnes

12:58 PM, 18th November 2018
About 14 hours ago

Urgent need to review Section 8

@Mike.
1. The requirement is to serve GSC before tenant occupies the property. A new tenancy is not going to fix that.
2. As far as I know the Oct 2018 changes are only for pre-October 2015 tenancies, and the only change is to use the prescribed S21 form. Therefore "you can explain the tenant why you need to do this, because new rules came into force from October 2018" is meaningless.... Read More

Michael Barnes

12:47 PM, 17th November 2018
About 2 days ago

Email to Karen Buck MP re S21 Debate

S21 "improvements" (aka restricting when it can be used, or abolishing it altogether) for good tenants need to be balanced by improved protections for LLs against bad tenants.

I do not have a problem with S21 going if S8 is improved.
I think S21 restrictions will come regardless of what LLs say, so we should use these opportunities to identify how the system can be improved to protect LLs from bad tenants as well as protecting tenants from bad LLs.
Just saying "bad for LLs" will not be taken seriously; showing that we are proposing improvements is more likely to be considered.

1. time taken for court processes under S8 need to be greatly improved
a) time to get a hearing;
b) LL should be able to go straight to enforcement of an order immediately it expires, not return to court.

2. New S8 grounds needed, including:
a) Selling property.
b) Abandonment.

3. Disrepair (and probably others) should not be a defence to S8 (especially G8) unless it was notified to LL in writing before S8 was issued and notified to court before the hearing.

4. Court sanctions on tenants who raise spurious defences to get a delay in a hearing or court order.... Read More

Michael Barnes

10:23 AM, 17th November 2018
About 2 days ago

Urgent need to review Section 8

Reply to the comment left by Chris Daniel at 16/11/2018 - 17:35
Michael - have you got any cases to quote on rent increases for AST's ?
I'm sorry, I have nothing at my finger tips (or easily found).

The case I recall reading (but did not bookmark) involved a tenancy agreement where after a certain period the rent would increase dramatically (I think it was 5 or more times original rent). The judgement was along the lines that "this was an unlawful device to make the tenant give up the tenancy".
BUT there was no indication of what might be considered acceptable.... Read More

Michael Barnes

10:12 AM, 17th November 2018
About 2 days ago

Urgent need to review Section 8

Reply to the comment left by Michael Barnes at 17/11/2018 - 09:39
Error in previous post: S13 cannot be used in a fixed term; it applies only to periodic tenancies.... Read More

Michael Barnes

9:39 AM, 17th November 2018
About 2 days ago

Urgent need to review Section 8

Reply to the comment left by Chris Daniel at 16/11/2018 - 17:35If there is any provision in the tenancy agreement, Form 4 under Section 13 Housing Act can't be used ( see note at para 9 of the form )
If it is a SPT AST, then HA 1988 S13(1)(a) says you can.
There is also a ruling (almost certainly incorrect because judge considered S13(1)(b) and ignores S13(1)(a), but binding until anyone appeals) that a rent-increase clause does not carry over to a SPT (https://nearlylegal.co.uk/2009/06/rent-review-megarry-at-last/), so you are left with S13 or agreement for a rent increase.
S13 cannot be used in fixed term if there is a rent-increase clause, nor in a contractual periodic if there is a rent-increase clause.... Read More