Steve Masters

Registered with Property118.com
Tuesday 6th August 2013


Latest Comments

Total Number of Property118 Comments: 258

Steve Masters

14:27 PM, 26th January 2021
About 3 months ago

No Respite for Landlords

Reply to the comment left by Dr Rosalind Beck at 26/01/2021 - 14:16
It certainly is a biggy if a loophole exists that T and Debt Advisor can use to swerve paying rent indefinitely whilst in a Mental Health Breathing Space.

If that's the case, it's not just a biggy, it's potentially the biggest of them all.... Read More

Steve Masters

11:22 AM, 26th January 2021
About 3 months ago

No Respite for Landlords

In the introduction of the gov.uk "Debt Respite Scheme (Breathing Space) guidance for money advisers" page under "What your client needs to do" for a standard breathing space it says they must meet 'ongoing liabilities' but this is not mentioned for a Mental Health breathing space.

In "1.1 Debt advice providers" at the bottom it says: "There will be times when you will need to make subjective decisions about a client. Like whether a breathing space would benefit a client, or whether cancelling a breathing space would be unfair or unreasonable for a client. There are no defined rules for these sorts of decisions. In these situations, you will use your professional judgement."

Where is the guidance on exactly what is 'unfair or unreasonable' regards not meeting 'Ongoing Liabilities' eg. failing to keep up with making rent payments during a breathing space. Could the risk of T losing their home be considered 'unfair or unreasonable'?

In "9.4 Ongoing liabilities in a standard breathing space" it is repeated that the debtor must meet 'ongoing liabilities' and making ongoing rental payments for your primary residence is specifically mentioned. The bottom of this section reads: "If your client does not keep paying these ongoing liabilities, you’ll have to decide if the standard breathing space should continue. You can take into account whether cancelling the standard breathing space in these circumstances would be unfair or unreasonable to your client. A creditor can contact your client about, or try to enforce any arrears of payment of, an ongoing liability that the debtor incurs during the standard breathing space. This obligation and review process do not apply to debtors during a mental health crisis breathing space."

Again suggesting meeting 'ongoing liabilities' is exempt for a Mental Health breathing space.

There is no corresponding section for Ongoing liabilities in a Mental Health breathing space.

Am I right to believe there is no mechanism in this bill to enforce 'Ongoing liabilities' during the entire lifetime of a Mental Health breathing space?

If so, this loophole needs to be closed.... Read More

Steve Masters

18:55 PM, 25th January 2021
About 3 months ago

Am I being unreasonable?

Normally when one of my tenants asks to leave early I say to them I will only charge rent until I find a suitable replacement tenant, please work with me to help this happen, it's in your interest.

I've just had a tenant die of covid, very sad. His daughter has said they will vacate as soon as possible. I'm working with them to help this happen, it's in my best interest.
I will not be charging this poor girls dead father any rent, it's the human thing to do.... Read More

Steve Masters

18:41 PM, 25th January 2021
About 3 months ago

No Respite for Landlords

The EXPLANATORY MEMORANDUM states:-
5. European Convention on Human Rights
5.1 The Economic Secretary to the Treasury has made the following statement regarding Human Rights:
“In my view the provisions of The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 are compatible with the Convention rights.”

The draft bill might be compatible with the debtors human rights but what about creditors Human Rights?!

Seriously, what about the CREDITORS HUMAN RIGHTS?... Read More

Steve Masters

18:30 PM, 25th January 2021
About 3 months ago

No Respite for Landlords

There are supposed to be measures in place to safeguard the creditor allowing the creditor to seek to overturn the breathing space if 'ongoing liabilities' are not met (eg T falls behind with rent during breathing space)
However:
"The debt adviser must cancel the breathing space in respect of all or some of the debts if they agree with you unless the debt adviser thinks cancelling the breathing space is unfair or unreasonable due to the debtor’s personal circumstances."
The debt advisor might consider canceling the breathing space would put the debtor at risk of losing their home which would be 'unfair or unreasonable' and refuse to cancel. This needs to be clarified because this would be a nightmare.... Read More