Michael Barnes

Registered with Property118.com
Wednesday 10th July 2013

Latest Comments

Total Number of Property118 Comments: 1426

Michael Barnes

23:30 PM, 21st January 2022, About 6 days ago

Law student sues landlord - But wait?

Reply to the comment left by Ron H-W at 18/12/2021 - 10:23
I was merely pointing out to the OP that for breach of contract LL does not have to evict the tenant. And if the LL goes down the eviction route, then it is more serious than a simple breach of contract issue (tenant losing their home rather than a financial penalty), and so it is reasonable that the process is more-onerous.

It obviously depends on the breach (and on the tenants) whether one goes down the "simple" claim route or down the S21 route.

The OP was saying, in effect, "why should S21 claim be more onerous than breach of contract claims".... Read More

Michael Barnes

22:00 PM, 17th December 2021, About a month ago

Hazard Awareness Notice?

Does NHBC not cover this?... Read More

Michael Barnes

21:45 PM, 17th December 2021, About a month ago

Law student sues landlord - But wait?

Do you really think evicting someone is on a par with breach of contract?

If your tenant has breached the contract, then you can take action against them without using S8 or S21 eviction process.... Read More

Michael Barnes

20:10 PM, 17th December 2021, About a month ago

DPS Statutory Declaration to rub salt into the wound?

Reply to the comment left by Will Brad at 17/12/2021 - 12:47
I've been charged £5 in Yeovil for my last two statutory declarations.... Read More

Michael Barnes

23:23 PM, 16th October 2021, About 3 months ago

One HMO tenant left after Section 21?

Reply to the comment left by Nigel Parry at 04/10/2021 - 12:36
Going through the eviction process will take months, and I know the temptation is to relet the other rooms, but if you do that then the tenant may have an argument when you come to court to evict that your actions in reletting are contrary to the Section 21 request.
Re-letting other rooms is not a defense to S21 proceedings. S21 can only be defended on procedural grounds.
A S8 notice, on the other hand, might be affected.... Read More