Michael Barnes

Registered with Property118.com
Wednesday 10th July 2013


Latest Comments

Total Number of Property118 Comments: 892

Michael Barnes

5 days ago
New Holding and Tenancy deposit rules and data clarified

Reply to the comment left by James Mann at 19/06/2018 - 13:54
It is a deposit because it is a surety against the tenant pulling out.

It is not a fee because it is refundable if the tenancy goes ahead.... Read More

Michael Barnes

5 days ago
Rents or equity?

I would suggest selling a privately-owned property, making maximum use of your and your wife's CGT allowance, and live off that, then sell another when necessary.

Remember that there is no income tax on that money, unlike the rent you receive... Read More

Michael Barnes

7 days ago
Obtaining permission from mortgage provider to rent rooms?

I believe (but have no references, just vague memory) that taking in 3 lodgers makes you subject to HMO regulations; 2 is OK.... Read More

Michael Barnes

7 days ago
Dilemma on arrears, eviction, and late deposit protection?

Reply to the comment left by Judith Wordsworth at 15/06/2018 - 21:40The reason I served both s21's was that not having a signed AST since 17.12.14 the tenant is on a second statutory periodic. Was advised to do this by a solicitor.
I wouldn't use this solicitor; doesn't seem to know what he is doing.
I do not know what the effect of two S21 notices would be, but my guess is that you cannot use both in proceedings at the same time.
General advice (I realise it is too late now for you): Issue under S21 only and argue for anything in S21 that supports you (eg only argue 21(4) if 21(1) is rejected [but should not be if you raise the CoA ruling] and your notice complies with the rules for 21(4).... Read More

Michael Barnes

A week ago
Tenant keeps changing mind and date for ending tenancy?

If the tenant has emailed that "X will be the last day of my tenancy" and the LL or agent has replied accepting that date, then it seems to me that notice to end the tenancy has been given and accepted, and the tenancy ends on that date. Double rent is then claimable from that date if posession is not returned.

Given the above and that the tenant has moved out, you may or may not need a court order to repossess (see a lawyer).

I do not understand why a S8G8 notice was not issued last year and why no possession proceedings have been started.... Read More