Michael Barnes

Registered with Property118.com
Wednesday 10th July 2013


Latest Comments

Total Number of Property118 Comments: 1090

Michael Barnes

18:07 PM, 17th March 2019
About A week ago

Friend lending money to buy property - how can I set it up legally?

If I was your friend, I would also want a personal guarantee from each of the directors of the company (so I would have some protection if the company goes bust).... Read More

Michael Barnes

18:01 PM, 17th March 2019
About A week ago

How do I minimise my losses?

If the original tenancy is in its fixed term, then the tenancy continues until it is terminated by Deed of surrender, signed by all the named occupants and the landlord (Law of Property Act 1925).
Given that one of the Ts is outside the UK, then it seems unlikely that you will be able to achieve this.
By granting a new tenancy (or attempting to effect a "tenant swap" (which almost certainly has no standing in Law)), you are open to being prosecuted for illegal eviction if the original person comes back.
I would have gone for the new person coming in as a lodger and not changing the tenancy (far easier with property law and deposit protection law).
It is the responsibility of the remaining people to pay the rent, and you can pursue either or both of them for the rent through the courts if necessary; they can then pursue the third person for the rent they have paid on his behalf.
As an aside, you are running a HMO; I hope you have complied with all the requirements.... Read More

Michael Barnes

17:18 PM, 17th March 2019
About A week ago

The Tenants Fees Bill received Royal Assent

Reply to the comment left by Richard Peeters at 13/02/2019 - 14:52
I believe that LL will not be able to say, e.g., "£200 to clean and deflea at end of tenancy", but will be able to say something like "the tenant agrees to leave the property in a similar state of cleanliness to that in which it was received, and to take action to ensure that the property is free from fleas and other pests that might be introduced by pets, when the tenant vacates; evidence of the actions taken to achieve this is to be provided by the tenant to the landlord".

i.e. you can claim your costs for tenant failing to do it, but you cannot charge them a fixed fee to do it.... Read More

Michael Barnes

17:00 PM, 17th March 2019
About A week ago

Gold and Silver but all Red tape!

Reply to the comment left by Steve Hards at 08/03/2019 - 10:30
"An eye rolling moment when you get to the irrelevant but oh-so-politically-correct personal questions at the end is almost guaranteed!"

My worry is that they will use that information to weight responses toward minorities or against majorities (or even to get the answer they want).... Read More

Michael Barnes

13:30 PM, 3rd March 2019
About 3 weeks ago

£100,000 slander payout to Landlord by Doncaster Council

Reply to the comment left by pbez64 pbez64 at 02/03/2019 - 09:15
Err. If you read it to the end it does correctly report that he withdrew his claim at the last minute once the council made it clear it was determined to defend itself against his accusations

NO.
If you read it, he withdrew because the council issued an agreed statement that they were wrong.
Debbie (for the council) than made a statement suggesting that he withdrew because he was wrong.... Read More