Nigel Parry

Registered with Property118.com
Tuesday 16th July 2013


Latest Comments

Total Number of Property118 Comments: 7

Nigel Parry

12:59 PM, 8th July 2014
About 6 years ago

Time scales for vacated tenant's goods?

Hello again,
Interestingly enough, the Government have just issued a guideline for tenants and in it they describe what happens to your possessions when you leave!
See link for the document and in particular bottom of page 7!
http://bit.ly/1k1RCrr
If the government says this is right, then it must be?... Read More

Nigel Parry

10:49 AM, 7th July 2014
About 6 years ago

Time scales for vacated tenant's goods?

This is always a bone of contention. Like Robert we get the leaving tenant to sign a disclaimer allowing us to dispose of ALL possessions as we see fit. But what happens if the leave without signing it. This is where the 'Tort' comes in. There really is no guidance on exact timescales and I have seen as much as 3 months quoted on other forums. The key here is that it doesn't matter what is signed in an agreement (contract law) as the 'Tort' is an Act of prescribed legislation and overrules any contractual obligation.
The issue here. is what is regarded as 'reasonable'. If you have contacted all phone numbers, next of kin, employers etc and have got no response, then I would argue two weeks is long enough. Some would disagree. But don't forget that have the absolute right to charge for storage, and if the value of the goods are not enough to cover storage costs then at that tipping point you can get rid of them. As long as storage charges are reasonable £10 or £20 a day I would suggest, then there really is no problem. Just remember to document all items removed.
Hope that helps.... Read More

Nigel Parry

11:55 AM, 1st July 2014
About 6 years ago

Inventory Protocol when there is no void and student tenants change

This can be a common issue, especially where Landlords wish to avoid any void period (and the consequent Council Tax Bill!), and you will need to be very careful how you do this.
This is why we always prefer a 'clean' break in the tenancy periods as it eliminates disputes between tenants. The first thing to applaud is the fact that you are issuing a 'new' tenancy even though some existing tenants are 'staying on'. This will allow to treat the two tenancies completely separate. It IS a completely new tenancy and be treated as such, new tenancy, new deposit. Clean.
That said, you can use the existing Inventory/Schedule of condition, as a basis for the new tenancy.
My suggestions is you do a formal 'check out' with or without the existing tenants, and produce a formal report of delapidations, if any, INCLUDING any cleaning required.
Create an addendum to the existing inventory, and send this to the NEW tenants explaining that they will be accepting the liability going forward for any delapidations over and above this. The important bit is the cleaning aspect, as it is highly unlikely you can get a cleaner to go around while tenants are in situ. If they don't agree to this addendum, then you have recourse to the existing tenants deposit, and you should proceed in the normal manner, obtaining quotes for cleaning etc. Any damage would be dealt with in accordance with the first deposit in any case.... Read More

Nigel Parry

10:25 AM, 1st May 2014
About 7 years ago

Landlords address

Hi Mark, as an Agent, you should really know the answer to this as this is a basic requirement under the Housing Act. However, assuming this is just a request for reassurance on the topic I will answer the question.

Both points above are valid. The basic answer is you must give the CONTACT address of the Landlord that you hold to the tenant if they request it. The AST can have a care of address as the landlord's address as long as you are acting as agent for the service of notices, otherwise the AST MUST have a CONTACT address for the landlord. As to what constitutes a contact address as as far as a landlord is concerned is more of a grey area. We have landlords that insist on a PO Box address for this, and we have checked that this is a valid address for this purpose. My advice is that you must give the tenant the address that YOU hold as a contact address for the landlord if they ask for it.

We insist on the the 10 day formal request by email or letter from the tenant, as detailed in the statutes, but we also try and understand why the tenant is asking for it, and deflect it that way. But if they insist and follow the 10 day letter request, then you have to give it to them. You do NOT, however, have to give them any email or phone number for the landlord. And we normally give the landlord the Heads Up as to what is happening and hopefully why they have asked for it, so the landlord is forewarned.

The landlord can give a business address if they want to, but they must be able to prove that this is a valid address where any letter sent to it will be passed the the 'legal owner' of the property concerned.

Hope that helps... Read More

Nigel Parry

15:13 PM, 30th April 2014
About 7 years ago

How the Article 4 Direction could benefit student property landlords

Owning an agency in Nottingham, this article has, again, highlighted the lengths that some District Councils are going to in order to protect so called family households. We do need to just correct a couple of points in the Article, and this is more to highlight the peculiar situations this creates in some areas rather than belittle a good article.
Article 4 is a new tool in the local policies of Councils that they can invoke under the Localism Act that allows them to change a particular piece of overall legislation as long as they can prove a need for it (another article in itself) and they allow consultation before invoking it OR run the risk of claims against them for losses from disaffected parties.
In this case, the Article 4 has been implemented to REMOVE the AUTOMATIC entitlement to move within some planning classes. Again, in this case moving from Class C3 to C4. It is important to note that in many cases there is NO PHYSICAL change to the building as a whole, and is only concerned with the tenure of the occupants residing within. Herein lies the problems that can occur. HMO and Class C4 takes into account any PERSON in the property and is not specifically related to the actual tenancy in situ. Hence a 6 month old baby is a person in this definition, although they are not over 18 and not a tenant.
So, a landlord letting to two tenants has no need for planning permission. But if one of the tenants brings a baby into the mix this creates an HMO and the landlord is officially in breach of planning laws, through no fault of their own. This is an extreme case to illustrate the point, but I hope you get the picture. There are easier ways of controlling occupancy without burdening landlords with more things to think and worry about. Try using existing statutory tools.... Read More