Michael Barnes

Registered with Property118.com
Wednesday 10th July 2013


Latest Comments

Total Number of Property118 Comments: 1131

Michael Barnes

23:02 PM, 25th May 2019
Less than a minute ago

Tenant Fees Act 2019 – Elephant trap for the unwary!

Reply to the comment left by Michael Barnes at 24/05/2019 - 01:05
I see that I was wrong about applying the holding deposit to the tenancy deposit.

Schedule 2 paragraph 7 states "If all or part of the amount of the deposit is applied in accordance with paragraph 6(b), the amount applied is treated for the purposes of section 213 of the Housing Act 2004 (requirements in connection with deposits) as having been received by the landlord on the date of the tenancy agreement.

So the 30 days for complying with deposit rules starts on the date of the agreement (I imagine that means the date the agreement is signed).... Read More

Michael Barnes

22:57 PM, 25th May 2019
Less than a minute ago

Tenant Fees Act 2019 – Elephant trap for the unwary!

Reply to the comment left by at 25/05/2019 - 13:11
What is the situation for the holding fees held by landlords for student properties, where the money is often taken long before the rental start date?

It appears to me that there are 4 options:
1.Agree (in writing and signed by tenant) that the holding deposit goes toward the 1st month's rent;
2. Agree (in writing and signed by tenant) that the holding deposit goes toward the deposit AND protect it within 30 days of the date of the agreement (not the start of the tenancy).
3. Return the holding deposit, take the full tenancy deposit AND protect it within 30 days.
4. return the holding deposit and take the first month's rent.... Read More

Michael Barnes

22:49 PM, 24th May 2019
About A day ago

Tenant fees act - Renewal with higher rent £50?

So if I draw up a renewal with higher rent, would this qualify for the fee of up to £50 as it is a variation to the original contact?
If you just want to charge a higher rent, then no.
If the tenant wants a change to the agreement and you have both agreed that a higher rent should be charged once that change has been agreed and you have agreed that there will be the charge for making the change, then yes (but it seems unreasonable to me to make a charge as well as taking extra rent).... Read More

Michael Barnes

22:42 PM, 24th May 2019
About A day ago

Official government guidance for tenant fees ban released

Reply to the comment left by Ross Tulloch at 24/05/2019 - 17:50
Not for agreements signed on or after 1 June 2019, and not for earlier agreements from 1 June 2020.... Read More

Michael Barnes

22:33 PM, 24th May 2019
About A day ago

Tenant fees act - Renewal with higher rent £50?

Reply to the comment left by Richard Peeters at 24/05/2019 - 13:26I believe that you can charge T for your costs incurred (for any breach of the agreement by T): postage, printing, phone calls, etc.
See S1(6)(e)(ii) of the Act.... Read More