The national landlord association Scotland has welcomed the review of the private rented sector published by the Scottish Government indicating that Scottish tenants were marginally happier with their landlords than tenants south of the border.
The review, highlighting the greater role Scotland's private residential landlords could play in the housing market indicates that 85% of tenants were either "very satisfied or fairly satisfied" with their landlords and rental property. In 2006, the most recent data in England 83% of tenants reported similar satisfaction levels.
David Kendall, NLA Scotland said "It is clear that the private rented sector in Scotland is flourishing. Satisfaction levels remain a little higher than in England but there is no room for complacency"
Landlord Assist are happy to advise landlords from either side of the border to try and ensure that Landlords are 100% satisfied with their service. Give them a try - we feel sure you will be impressed!!
Monday, 30 March 2009
1 in 3 landlords have tenants in arrears
The national landlords association (NLA), the leading representative body for private residential landlords in the UK has published research revealing 37 per cent of landlords currently have tenants in arrears.
Looking back over the months 44 per cent of landlords have experienced rent arrears. This goes some way to explaining the significant rise in repossessions and why a growing number of landlords are having problems meeting their mortgage payments.
When faced with arrears only 50% of landlords attempted to recover the loss through the courts.
Graham Kinnear, MD of Landlord Assist confirms the issue - "we have seen a marked increase in our workload. March 2009 has been the busiest month for our firm since its inception in 2007, there a tenants influenced by the economy and other genuinely bad tenants all of who really impact a landlords cash flow"
Kinnear suggests that landlords contact landlord Assist immediately they encounter difficulties. Kinnear adds "We provide landlords with free, no obligation advice so there is no reason for them not to call us! - we are experts in this field and together we can protect the landlords position"
Looking back over the months 44 per cent of landlords have experienced rent arrears. This goes some way to explaining the significant rise in repossessions and why a growing number of landlords are having problems meeting their mortgage payments.
When faced with arrears only 50% of landlords attempted to recover the loss through the courts.
Graham Kinnear, MD of Landlord Assist confirms the issue - "we have seen a marked increase in our workload. March 2009 has been the busiest month for our firm since its inception in 2007, there a tenants influenced by the economy and other genuinely bad tenants all of who really impact a landlords cash flow"
Kinnear suggests that landlords contact landlord Assist immediately they encounter difficulties. Kinnear adds "We provide landlords with free, no obligation advice so there is no reason for them not to call us! - we are experts in this field and together we can protect the landlords position"
Friday, 27 March 2009
Tenant Protection from repossession
Landlord Assist, the nationwide tenant eviction and rent collection company, has offered its support to a campaign to offer greater protection for the rising number of tenants who face eviction as a result of their landlord falling into mortgage arrears.
Four charities, Shelter, Citizens Advice, Crisis and the Chartered Institute of Housing, have joined forces to publicise the plight of people in the private rented sector who are being made homeless because their property is being repossessed.
They estimate that 8,000 buy-to-let properties could be repossessed in the coming year, with at least 10,000 people being made unexpectedly homeless.
Landlord Assist agrees that current arrangements need to be reviewed to prevent tenants from becoming the victims of their landlord’s arrears. They detail that at present lenders are required to give tenants 14 days notice that their property may be repossessed although they point out that many of the lenders are now largely Government owned and that there must be a better solution to the problem.
Graham Kinnear, MD of Landlord Assist comments: "With landlords being made redundant and all the other drains on their disposable income, it is easy to see how any of the 3 million families who are currently in private rented accommodation could get a nasty surprise. We sympathise with good tenants who pay their rent on time, because they should not be affected due to their landlords behaviour."
"A full review needs to take place, and a reasonable period introduced to enable occupiers to move out in cases where the lender is entitled to possession."
Landlord Assist says that in many instances tenants, through no fault of the lender, have been known to receive no notification of repossession proceedings as lenders are unaware of the existence of tenants in a property or who the tenants may be.
One such example known to Landlord Assist is that of Julie Edwards, who signed a 12 month tenancy for a property in Astley on 21 February 2009 and yet was ordered out of the property just three days later on 24 February 2009. Ms Edwards, 35, received a letter marked only to "the occupier" detailing that she would be removed by the bailiff as a result of a possession order that was granted a year earlier.
Shelter, Citizens Advice, Crisis and the Chartered Institute of Housing have noted a steep rise in people being evicted because their landlord has failed to pay the mortgage despite tenants keeping up with their rent. They say that more needs to be done to make tenants aware of possession proceedings such as getting the courts to send notices marked to "the tenant" rather than "the occupier".
Stephen Parry of Landlord Assist comments: "This would be a fairer system for tenants. Current practice for a landlord is that they, or we on their behalf, need to prove that notices have been served correctly and received by the tenant. This obligation should be the same for lenders notifying tenants."
Graham Kinnear of Landlord Assist believes a fairer system would be to require lenders to give not less than two months notice, which would be the same period that a landlord would normally be required to give to a tenant to bring the tenancy to an end.
"This would require change within the operations directive of the lenders. A recent High Court ruling has stated that a mortgage lender was legally correct to sell the property of a buy-to-let borrower who was in arrears without a repossession order – this is clearly unsatisfactory for tenants."
This view is shared by a spokesman for the Department of Communities and Local Government who stated: "From April 6th, tenants will get the maximum possible notice of possession proceedings that may affect their home, meaning that, rather than two weeks at present, they will get nearly two months to make alternative arrangements."
Kinnear continues: "We are continuously advising landlords and suggest they contact us on 08707 662288 or info@landlordassist.co.uk in order that we can assist them in dealing with their tenants."
Four charities, Shelter, Citizens Advice, Crisis and the Chartered Institute of Housing, have joined forces to publicise the plight of people in the private rented sector who are being made homeless because their property is being repossessed.
They estimate that 8,000 buy-to-let properties could be repossessed in the coming year, with at least 10,000 people being made unexpectedly homeless.
Landlord Assist agrees that current arrangements need to be reviewed to prevent tenants from becoming the victims of their landlord’s arrears. They detail that at present lenders are required to give tenants 14 days notice that their property may be repossessed although they point out that many of the lenders are now largely Government owned and that there must be a better solution to the problem.
Graham Kinnear, MD of Landlord Assist comments: "With landlords being made redundant and all the other drains on their disposable income, it is easy to see how any of the 3 million families who are currently in private rented accommodation could get a nasty surprise. We sympathise with good tenants who pay their rent on time, because they should not be affected due to their landlords behaviour."
"A full review needs to take place, and a reasonable period introduced to enable occupiers to move out in cases where the lender is entitled to possession."
Landlord Assist says that in many instances tenants, through no fault of the lender, have been known to receive no notification of repossession proceedings as lenders are unaware of the existence of tenants in a property or who the tenants may be.
One such example known to Landlord Assist is that of Julie Edwards, who signed a 12 month tenancy for a property in Astley on 21 February 2009 and yet was ordered out of the property just three days later on 24 February 2009. Ms Edwards, 35, received a letter marked only to "the occupier" detailing that she would be removed by the bailiff as a result of a possession order that was granted a year earlier.
Shelter, Citizens Advice, Crisis and the Chartered Institute of Housing have noted a steep rise in people being evicted because their landlord has failed to pay the mortgage despite tenants keeping up with their rent. They say that more needs to be done to make tenants aware of possession proceedings such as getting the courts to send notices marked to "the tenant" rather than "the occupier".
Stephen Parry of Landlord Assist comments: "This would be a fairer system for tenants. Current practice for a landlord is that they, or we on their behalf, need to prove that notices have been served correctly and received by the tenant. This obligation should be the same for lenders notifying tenants."
Graham Kinnear of Landlord Assist believes a fairer system would be to require lenders to give not less than two months notice, which would be the same period that a landlord would normally be required to give to a tenant to bring the tenancy to an end.
"This would require change within the operations directive of the lenders. A recent High Court ruling has stated that a mortgage lender was legally correct to sell the property of a buy-to-let borrower who was in arrears without a repossession order – this is clearly unsatisfactory for tenants."
This view is shared by a spokesman for the Department of Communities and Local Government who stated: "From April 6th, tenants will get the maximum possible notice of possession proceedings that may affect their home, meaning that, rather than two weeks at present, they will get nearly two months to make alternative arrangements."
Kinnear continues: "We are continuously advising landlords and suggest they contact us on 08707 662288 or info@landlordassist.co.uk in order that we can assist them in dealing with their tenants."
Wednesday, 25 March 2009
Oral Tenancy Agreements
Question: A tenant agrees orally with a landlord to take a two year lease of a warehouse unit and a five year lease on another. The tenant's business is now struggling and they want to relocate. Are they bound to wait until the end of the 2 and 5 year periods?
Answer: It appears that the oral agreement for a two year term created an immediate legal lease by virtue of section 54(2) of the Law of Property Act 1925. The oral agreement for the five year term is probably void as it falls foul of section 2 of the 1989 Act. However because the tenant entered into possession and paid rent you may have created a periodic tenancy for which the appropriate notice to quit will have to be served.
Answer: It appears that the oral agreement for a two year term created an immediate legal lease by virtue of section 54(2) of the Law of Property Act 1925. The oral agreement for the five year term is probably void as it falls foul of section 2 of the 1989 Act. However because the tenant entered into possession and paid rent you may have created a periodic tenancy for which the appropriate notice to quit will have to be served.
Tuesday, 24 March 2009
Tenant Unemployment to rise
Unemployment could double unless the UK Government takes drastic action against recession. Outgoing monetary policy committee member David Blanchflower issued a stark warning by suggesting that unemployment could reach 4 Million.
landlords need to act quickly if their tenants lose their jobs in order to protect their investment. Landlord Assist can advise ways of mitigating the losses landlords may otherwise sustain.
Landlord Assist offer free, no obligation advice on 08707 662288
landlords need to act quickly if their tenants lose their jobs in order to protect their investment. Landlord Assist can advise ways of mitigating the losses landlords may otherwise sustain.
Landlord Assist offer free, no obligation advice on 08707 662288
Keep Calm and Carry On!
David Salusbury, Chairman of the National Landlords Association who has urged landlords to "keep calm and carry on"
Mr Salusbury asserted that while landlords could face financial problems as rents fall they should examine their property portfolios and see how they can continue to attract tenants.
Mr Salusbury explains "Landlords....should do what prudent business people do and review their lettings with a view to maintaining their competitive edge"
The recent lettings survey from the Royal Institute of Chartered Surveyors reveals that an oversupply of rental properties has caused UK rents to fall considerably.
Mr Salusbury asserted that while landlords could face financial problems as rents fall they should examine their property portfolios and see how they can continue to attract tenants.
Mr Salusbury explains "Landlords....should do what prudent business people do and review their lettings with a view to maintaining their competitive edge"
The recent lettings survey from the Royal Institute of Chartered Surveyors reveals that an oversupply of rental properties has caused UK rents to fall considerably.
Tenants Evicted!
A disruptive family from Crouch End in London were evicted from their home after making their neighbours lives a 'living hell'
Neighbours had first complained about the family in June of 2006.
The list of complaints ranged from abusive language and loud music through to threatening behaviour.
After a number of warnings the antisocial behaviour team of Haringey Council secured a suspended possession order in March 2008.
The family was given one more chance but just six months later, CCTV cameras captured a large gang fight outside the flat and legal action was taken.
Councillor Nilgun Canver, cabinet member for enforcement and safer communities said "This has been a difficult case and we could not have secured this eviction without the help of residents"
Neighbours had first complained about the family in June of 2006.
The list of complaints ranged from abusive language and loud music through to threatening behaviour.
After a number of warnings the antisocial behaviour team of Haringey Council secured a suspended possession order in March 2008.
The family was given one more chance but just six months later, CCTV cameras captured a large gang fight outside the flat and legal action was taken.
Councillor Nilgun Canver, cabinet member for enforcement and safer communities said "This has been a difficult case and we could not have secured this eviction without the help of residents"
Monday, 23 March 2009
Harassment and Illegal Eviction
Landlords should be aware that most local authorities have a department resourced to deal with issues of harassment and illegal eviction and accordingly Landlords should ensure that correct procedures are followed. Landlord Assist can provide advice on these maters.
Most local authority's work on the basis that a tenant is entitled to occupy their home in peace and comfort, if the landlord does something to interfere with this it could constitute harassment. Examples could include the following:
removing or restricting a tenants essential services such as gas, electricity and water.
entering the property without permission or prior notice
refusing to allow the tenant to have visitors
forcing the tenant to sign an agreement that reduces their legal rights.
Examples of illegal eviction can include the following:
landlord changes the lock whilst the tenant is out
landlord uses violence or threats to force the tenant to leave
evicting a tenant before the proper legal procedure has been followed.
The foregoing are criminal matters and accordingly Landlords are urged to contact Landlord Assist for free, no obligation, advice on the correct legal procedure to follow.
Most local authority's work on the basis that a tenant is entitled to occupy their home in peace and comfort, if the landlord does something to interfere with this it could constitute harassment. Examples could include the following:
removing or restricting a tenants essential services such as gas, electricity and water.
entering the property without permission or prior notice
refusing to allow the tenant to have visitors
forcing the tenant to sign an agreement that reduces their legal rights.
Examples of illegal eviction can include the following:
landlord changes the lock whilst the tenant is out
landlord uses violence or threats to force the tenant to leave
evicting a tenant before the proper legal procedure has been followed.
The foregoing are criminal matters and accordingly Landlords are urged to contact Landlord Assist for free, no obligation, advice on the correct legal procedure to follow.
Horror Tenant - Eviction
A council tenant who launched a campaign of harassment, threats and intimidation on her neighbours will be evicted and banned from Swanscombe for 12 months as a result of proceedings heard at Dartford County Court.
The tenant was allegedly involved in attacks, verbal abuse, threats and intimidation of neighbours, local shop keepers and council housing staff.
The Court heard as a result of the abuse three neighbours left their homes and some claimed they had become suicidal as a result of the tenants actions.
Jeremy Kite, Leader of Dartford Borough Council states "Some Councils wouldn't have taken this step but I am proud we did. It's time to stand for the good people and make life a little worse for the bad ones. This serves as a signal to small minded individuals who blight the lives of their community"
The tenant was allegedly involved in attacks, verbal abuse, threats and intimidation of neighbours, local shop keepers and council housing staff.
The Court heard as a result of the abuse three neighbours left their homes and some claimed they had become suicidal as a result of the tenants actions.
Jeremy Kite, Leader of Dartford Borough Council states "Some Councils wouldn't have taken this step but I am proud we did. It's time to stand for the good people and make life a little worse for the bad ones. This serves as a signal to small minded individuals who blight the lives of their community"
Retaliatory Evictions - More News
There is growing support against so called retaliatory evictions , typically in private tenancies where a tenant has complained about conditions in the property and the landlord promptly issues possession proceedings.
At time of writing whilst addressing this issue appears to have a lot of support it requires evidence in terms of the scale of the problem before it can be addressed in the forthcoming green paper on private lettings.
We shall keep you posted of further progress.
At time of writing whilst addressing this issue appears to have a lot of support it requires evidence in terms of the scale of the problem before it can be addressed in the forthcoming green paper on private lettings.
We shall keep you posted of further progress.
Council Powers - Landlords Beware
Local Authorities have various powers under the Protection from Eviction Act 1977. Harrassment and illegal eviction as defined in the act are criminal offences. Local Authorities have a power to prosecute persons who commit offences. Generally the Council Housing Officers will investigate complaints and mediate wherever possible. The Council will consider bringing a prosecution where the evidence is sufficient to indicate the liklihood of a successful prosecution or where it is in the public interest.
Local Authorities also have powers under the Landlord and Tenant Act 1985. Such matters include the failure of landlords to provide rent books and the failure of long leaseholders information concerning service charges and insurance. Many local authorities will consider prosecution in the case of persistent offenders.
In addition local authorities have powers under S.33 of the Local Government (Miscellaneous Provisions) Act 1976 to make arrangements to secure the restoration or continuance of gas, water or electricity supplies for the benefit of residents where the supplies have been or are likely to be cut off because of failure by the owner of the property to pay for the services.
Local Authorities also have powers under the Landlord and Tenant Act 1985. Such matters include the failure of landlords to provide rent books and the failure of long leaseholders information concerning service charges and insurance. Many local authorities will consider prosecution in the case of persistent offenders.
In addition local authorities have powers under S.33 of the Local Government (Miscellaneous Provisions) Act 1976 to make arrangements to secure the restoration or continuance of gas, water or electricity supplies for the benefit of residents where the supplies have been or are likely to be cut off because of failure by the owner of the property to pay for the services.
Saturday, 21 March 2009
Family Evicted after just three days
A family served with an eviction notice just three days after moving into a rental property is warning others to beware.
Julie Edwards signed a 12 month tenancy on a property in Astley and moved in on February 21st 2009 but she was ordered out of the property on February 24th after an eviction order was granted by the Court.
The 35 year old tenant received a letter as occupier of the property stating that a possession order had been granted a year earlier due to the landlords mortgage arrears and that a bailiff would be coming to evict them.
The letting agent involved with the rental said they had no obligation to check if a landlord was in arrears with their mortgage.
Julie Edwards signed a 12 month tenancy on a property in Astley and moved in on February 21st 2009 but she was ordered out of the property on February 24th after an eviction order was granted by the Court.
The 35 year old tenant received a letter as occupier of the property stating that a possession order had been granted a year earlier due to the landlords mortgage arrears and that a bailiff would be coming to evict them.
The letting agent involved with the rental said they had no obligation to check if a landlord was in arrears with their mortgage.
Friday, 20 March 2009
150,000 tenant evictions
As the impact of the credit crunch reverberates throughout the economy the effects reach ever further often taking individuals and companies unaware. No less an example can be found in the property market.
Landlord Assist the nationwide tenant eviction company state that recent research by KPMG and the Credit Action Charity detail that in 2009 there will be over 150,000 repossession claims for private sector landlords which represents around 5% of the private rental sector.
Graham Kinnear, MD of Landlord Assist is shocked "We are very surprised at these figures. We have noticed an enormous increase in business against 2008 however on the basis of the increase we have received we felt the claims total would have been around 120,000"
"In addition we have seen a surge in the number of landlords and letting agents engaging our referencing service. Recent research suggests that only 13% of landlords reference prospective tenants and yet for every ten tenants that are referenced on average one County Court Judgement is found"
It is estimated that 880,000 County Court Judgments will be issued for non payment of debts this year and an estimated 150,000 people will be made bankrupt. It is there imperative to check a prospective tenants’ credentials before handing them the keys to what is probably the landlords second most valuable asset.
Kinnear explains "There is a clear correlation of non referenced tenants and tenants who need to be evicted. Whilst not all circumstances can be foreseen, tenants should be fully referenced to mitigate the chance of the tenancy going wrong"
The key message for Landlords is take action to help ensure you maximise the experience of being a landlord. An investment of £20 to reference your tenants could save you thousands in the long run.
Landlord Assist provide free, no obligation advice on all landlord and tenant matters and are available on 08707 662288 Monday to Friday 8am to 8pm. Alternatively they can be contacted at info@landlordassist.co.uk
Landlord Assist the nationwide tenant eviction company state that recent research by KPMG and the Credit Action Charity detail that in 2009 there will be over 150,000 repossession claims for private sector landlords which represents around 5% of the private rental sector.
Graham Kinnear, MD of Landlord Assist is shocked "We are very surprised at these figures. We have noticed an enormous increase in business against 2008 however on the basis of the increase we have received we felt the claims total would have been around 120,000"
"In addition we have seen a surge in the number of landlords and letting agents engaging our referencing service. Recent research suggests that only 13% of landlords reference prospective tenants and yet for every ten tenants that are referenced on average one County Court Judgement is found"
It is estimated that 880,000 County Court Judgments will be issued for non payment of debts this year and an estimated 150,000 people will be made bankrupt. It is there imperative to check a prospective tenants’ credentials before handing them the keys to what is probably the landlords second most valuable asset.
Kinnear explains "There is a clear correlation of non referenced tenants and tenants who need to be evicted. Whilst not all circumstances can be foreseen, tenants should be fully referenced to mitigate the chance of the tenancy going wrong"
The key message for Landlords is take action to help ensure you maximise the experience of being a landlord. An investment of £20 to reference your tenants could save you thousands in the long run.
Landlord Assist provide free, no obligation advice on all landlord and tenant matters and are available on 08707 662288 Monday to Friday 8am to 8pm. Alternatively they can be contacted at info@landlordassist.co.uk
Tenant wins court order against eviction
A mother of 10 has won an interim High Court order preventing a local authority evicting her family over admitted anti social behaviour of two of her sons.
The injunction applies pending the outcome of proceedings by Patricia Byrne against the council aimed at preventing eviction from her home and a condition of the order is that the two sons do not return home in the meantime.
The tenant was served with a notice to quit in January 2007 on the grounds of anti social behaviour. The council sought to enforce the notice for reasons of good estate management.
In her high court proceedings she argued that section 62 of the 1966 Housing Act did not give her any opportunity to confront those who accused her in breach of article 6 and article 8 of the European Convention on Human Rights relating to respect for family and private life.
The judge said it was difficult to justify interfering with the protection for family life afforded nu the European Convention.
The injunction applies pending the outcome of proceedings by Patricia Byrne against the council aimed at preventing eviction from her home and a condition of the order is that the two sons do not return home in the meantime.
The tenant was served with a notice to quit in January 2007 on the grounds of anti social behaviour. The council sought to enforce the notice for reasons of good estate management.
In her high court proceedings she argued that section 62 of the 1966 Housing Act did not give her any opportunity to confront those who accused her in breach of article 6 and article 8 of the European Convention on Human Rights relating to respect for family and private life.
The judge said it was difficult to justify interfering with the protection for family life afforded nu the European Convention.
Tuesday, 17 March 2009
Service of Notices
A good place to start when considering whether notices are being drafted and served correctly is the legislation itself. For example, section 25 of the Landlord and Tenant Act 1954 requires a landlord to give notice to its tenant in a prescribed form in order to terminate a business tenancy. Notices served under this section must comply with a number of express criteria such as the requirement to state whether the landlord opposes the granting of a new lease. There are also restrictions in terms of when a notice can be served.
A leading case on the implications of errors concerning contractual notices is Mannai Investment Co Ltd. In that case the House of Lords upheld as valid a notice containing an obvious error on the ground that a 'reasonable recipient' would not have been misled by the mistake.
The Court will however most likely approach the situation by assessing the validity of a notice by establishing the statutory requirements and whether the notice adequately deals with these.
A leading case on the implications of errors concerning contractual notices is Mannai Investment Co Ltd. In that case the House of Lords upheld as valid a notice containing an obvious error on the ground that a 'reasonable recipient' would not have been misled by the mistake.
The Court will however most likely approach the situation by assessing the validity of a notice by establishing the statutory requirements and whether the notice adequately deals with these.
Monday, 16 March 2009
Squatter Eviction
Michael Buckpitt a barrister at Tanfield Chambers says that although Squatters do not generally have any 'rights' to occupy property there are restrictions in terms of how they can be evicted.
If squatters have entered the property then the people who normally occupy the property are allowed to use reasonable force to secure entry back into their home. Squatters who then refuse to vacate the property are committing a criminal offence and can be arrested without warrant. This resolution is not normally recommended as it rarely runs smoothly.
The safest course is to issue court proceedings to evict the squatters. Only the person with an immediate right to possession can bring such proceedings though they could authorise the title holder to bring a claim on their behalf where appropriate.
Proceedings are issued in the county court and a possession order can usually be obtained in 7 to 10 days.
Once a court order is obtained it must be enforced by the County Court Bailiff or the High Court Sheriff. Enforcement by the Sheriff is quicker but more costly.
If squatters have entered the property then the people who normally occupy the property are allowed to use reasonable force to secure entry back into their home. Squatters who then refuse to vacate the property are committing a criminal offence and can be arrested without warrant. This resolution is not normally recommended as it rarely runs smoothly.
The safest course is to issue court proceedings to evict the squatters. Only the person with an immediate right to possession can bring such proceedings though they could authorise the title holder to bring a claim on their behalf where appropriate.
Proceedings are issued in the county court and a possession order can usually be obtained in 7 to 10 days.
Once a court order is obtained it must be enforced by the County Court Bailiff or the High Court Sheriff. Enforcement by the Sheriff is quicker but more costly.
Sunday, 15 March 2009
Landlord and Tenant - forged lease
Admiral Taverns v Daniel is an interesting case. The appellant held a headlease of licensed premises that it intended to assign. The respondants were allowed to occupy the premises in the meantime but subsequently refused to give up possession.
The appellant obtained a possession order in the county court at a hearing from which the respondants were absent.
The first respondant arrived late and presented the judge with a document which purported to be a lease of the premises in their favour. The judge declined to vary his order considering the lease to be a forgery. A warrant for possession was issued the same day.
The appellant obtained a possession order in the county court at a hearing from which the respondants were absent.
The first respondant arrived late and presented the judge with a document which purported to be a lease of the premises in their favour. The judge declined to vary his order considering the lease to be a forgery. A warrant for possession was issued the same day.
Regulation of Private Rented Sector
Residential members of the British Property Federation will be required to sign up to a redress scheme to attempt to bring regulation to the private rented sector.
It will require landlords to adhere to certain service standards. The code will eventually become compulsory for members.
Six of the UK's largest landlords Dorrington, Grainger, Touchstone, Terrace Hill, Marston Properties and Fairbridge residential have already signed up to the code.
The BPF is also launching a new standard lease for landlords in a bod to make tenancy agreements more transparent.
A report commissioned by the Department for Communities and Local Government has stated that regulation of the rented sector is currently insufficient.
It will require landlords to adhere to certain service standards. The code will eventually become compulsory for members.
Six of the UK's largest landlords Dorrington, Grainger, Touchstone, Terrace Hill, Marston Properties and Fairbridge residential have already signed up to the code.
The BPF is also launching a new standard lease for landlords in a bod to make tenancy agreements more transparent.
A report commissioned by the Department for Communities and Local Government has stated that regulation of the rented sector is currently insufficient.
Friday, 13 March 2009
Greater protection for Tenants
At present lenders are required to give tenants 14 days notice that their property may be repossessed.
Many of the lenders are now largely owned by the Government and it is suggested that there is a better solution to this fast growing problem. With experts predicting that 75,000 homes could be repossessed it is easy to see how any of the 3m families who currently rent could get a nasty surprise at any moment.
Ian Potter, operations director of ARLA says this is just another plain example of politicians failing to understand how the rental sector works.
He states "Tenants, through no fault of the lender often receive no notification of repossession proceedings as lenders are unaware of the existence of tenants in a property or who the tenants may be.
It has been suggested that the system be amended to provide tenants with seven weeks notice of an order being sought but that assumes that the repossession will be granted.
ARLA have suggested that one realistic solution would be for the government to insist that local authorities take more action on the use of empty dwelling management orders to ensure that better utilisation is made of the housing stock in the country. ARLA has called on the government to act quickly to mitigate the stress of tenants as well as homeowners.
Many of the lenders are now largely owned by the Government and it is suggested that there is a better solution to this fast growing problem. With experts predicting that 75,000 homes could be repossessed it is easy to see how any of the 3m families who currently rent could get a nasty surprise at any moment.
Ian Potter, operations director of ARLA says this is just another plain example of politicians failing to understand how the rental sector works.
He states "Tenants, through no fault of the lender often receive no notification of repossession proceedings as lenders are unaware of the existence of tenants in a property or who the tenants may be.
It has been suggested that the system be amended to provide tenants with seven weeks notice of an order being sought but that assumes that the repossession will be granted.
ARLA have suggested that one realistic solution would be for the government to insist that local authorities take more action on the use of empty dwelling management orders to ensure that better utilisation is made of the housing stock in the country. ARLA has called on the government to act quickly to mitigate the stress of tenants as well as homeowners.
Thursday, 12 March 2009
Landlord prosecuted for Unlawful Eviction
Portsmouth City Council has prosecuted a landlord for unlawfully evicting a tenant. The landlord was given a 12 month month community order involving 150 hours of unpaid work and £650 towards court costs.
The eviction occurred after a dispute about the payment of rent. The tenant returned home to find the locks had been changed and his belongings placed outside. He approached the Council who assisted him in securing alternative accommodation and in taking action against the landlord.
Bruce Lomax, Standards manager at the Council details "the landlord received a high sentance which proves how seriously the council and courts take this sort of matter"
Landlord Assist urge landlords to contact them for free, no obligation, advice before taking action against tenants and this story illustrates the value in taking such advice. Call Landlord Assist on 08707 662288.
The eviction occurred after a dispute about the payment of rent. The tenant returned home to find the locks had been changed and his belongings placed outside. He approached the Council who assisted him in securing alternative accommodation and in taking action against the landlord.
Bruce Lomax, Standards manager at the Council details "the landlord received a high sentance which proves how seriously the council and courts take this sort of matter"
Landlord Assist urge landlords to contact them for free, no obligation, advice before taking action against tenants and this story illustrates the value in taking such advice. Call Landlord Assist on 08707 662288.
Saturday, 7 March 2009
Repossession after just two missed payments
A High Court ruling has stated that a mortgage lender was legally correct to sell the property of a buy to let borrower who was in arrears without a repossession order.
The landmark ruling means that property owners could see their homes being sold from under them by mortgage lenders after just two missed payments.
The ruling is based on a 1925 law. The court heard that the lender, GMAC-RFC appointed receivers and auctioned the property. The homeowner was evicted for tresspassing by the purchaser of the property, Horsham Properties.
The High Court ruling by Mr Justice Briggs confirmed that property owners could be evicted under legislation from 1925 which allows loan providers to sell the homes of people in arrears without a court order.
As a result it is imperative that landlords take action quickly to avert this course of action. Landlord Assist are expert in advising landlords and can be contacted on 08707 662288 or via email at info@landlordassist.co.uk
The landmark ruling means that property owners could see their homes being sold from under them by mortgage lenders after just two missed payments.
The ruling is based on a 1925 law. The court heard that the lender, GMAC-RFC appointed receivers and auctioned the property. The homeowner was evicted for tresspassing by the purchaser of the property, Horsham Properties.
The High Court ruling by Mr Justice Briggs confirmed that property owners could be evicted under legislation from 1925 which allows loan providers to sell the homes of people in arrears without a court order.
As a result it is imperative that landlords take action quickly to avert this course of action. Landlord Assist are expert in advising landlords and can be contacted on 08707 662288 or via email at info@landlordassist.co.uk
Referencing is Imperative
A recent survey of 1389 private landlords commissioned by the Letting Protection Service revealed that 24 per cent of landlords allow tenants to move into their properties after just one meeting. The survey also detailed that 63% f landlords are happy to entrust their property to a tenant based on little more than a hunch. This is despite the fact that two thirds have had a bad experience with tenants.
38% of landlords have had to seek legal advice from experts such as Landlord Assist and an amazing 11% had received threats as a result of a rogue tenant.
Unbelievably only 13 percent said they conducted any type of referencing on their tenants.
Landlords - referencing is not a 'nice to have' it is absolutely essential prior to any letting.
Landlord Assist carry out thorough referencing on tenants and prices start at only £9.00. You really now have no excuse not to check out your tenants before they move in!
38% of landlords have had to seek legal advice from experts such as Landlord Assist and an amazing 11% had received threats as a result of a rogue tenant.
Unbelievably only 13 percent said they conducted any type of referencing on their tenants.
Landlords - referencing is not a 'nice to have' it is absolutely essential prior to any letting.
Landlord Assist carry out thorough referencing on tenants and prices start at only £9.00. You really now have no excuse not to check out your tenants before they move in!
Friday, 6 March 2009
Tenant faces prison
A Birkenhead woman who was evicted from her home and issued with a further injunction for antisocial behaviour has been sentenced to prison.
The lady had held an assured shorthold tenancy from Wirral Partnership Homes making her a probationary tenant. She and other people visiting her home caused repeated disturbance to neighbours by shouting, fighting, swearing and causing damage.
An interim anti social behaviour injunction was obtained against the tenant and the following week a two year anti social behaviour injunction was issued.
The injunction was breached and she was sentenced to 28 days in prison suspended until January 29th 2010.
Landlord Assist are experts in dealing with problem tenants and provide free, no obligation, advice to landlords. Call them on 08707 662288 or email them at info@landlordassist.co.uk
The lady had held an assured shorthold tenancy from Wirral Partnership Homes making her a probationary tenant. She and other people visiting her home caused repeated disturbance to neighbours by shouting, fighting, swearing and causing damage.
An interim anti social behaviour injunction was obtained against the tenant and the following week a two year anti social behaviour injunction was issued.
The injunction was breached and she was sentenced to 28 days in prison suspended until January 29th 2010.
Landlord Assist are experts in dealing with problem tenants and provide free, no obligation, advice to landlords. Call them on 08707 662288 or email them at info@landlordassist.co.uk
Tenant Nightmare resolved
Somer Community Housing Trust went to court to evict tenant Michelle Tate from her flat at Oxford Row in Bath. It has now brought in a new policy effectively putting tenants on 'probation'
A number of allegations of antisocial behaviour were made including drug taking, threatening behaviour, excessive noise, visitors urinating in the communal areas.
The property has now been secured with a metal door.
Ms Evans of the trust commented "We acted as soon as we were legally able in this case and are pleased with the result"
Landlord Assist can provide free, no obligation, advice on any aspect of a tenancy. Call them on 08707 662288.
A number of allegations of antisocial behaviour were made including drug taking, threatening behaviour, excessive noise, visitors urinating in the communal areas.
The property has now been secured with a metal door.
Ms Evans of the trust commented "We acted as soon as we were legally able in this case and are pleased with the result"
Landlord Assist can provide free, no obligation, advice on any aspect of a tenancy. Call them on 08707 662288.
Thursday, 5 March 2009
Landlord fined for squalid condition
A landlord from Bolton has been fined thousands of pounds for letting a house in squalid conditions. Mohammed Ashraf left the property in Salford with a broken boiler, leaking soil pipe, broken lighting and damp.
The landlord was issued with improvement notices by the local authority but he failed to comply with them.
The landlord was ordered to pay £6,895 by Salford Magistrates and the council is seeking to reclaim a further £13,000.
This case highlights the need to take advice in terms of the landlord obligations to ensure that you do not fall foul of the law.
Landlord Assist is expert in advising landlords of their obligations and in the preparation for litigation. Call us for free no obligation advice on 08707 662288
The landlord was issued with improvement notices by the local authority but he failed to comply with them.
The landlord was ordered to pay £6,895 by Salford Magistrates and the council is seeking to reclaim a further £13,000.
This case highlights the need to take advice in terms of the landlord obligations to ensure that you do not fall foul of the law.
Landlord Assist is expert in advising landlords of their obligations and in the preparation for litigation. Call us for free no obligation advice on 08707 662288
Sunday, 1 March 2009
Anything else to add?
Landlord Assist were recently representing a Client from Yorkshire who wanted to evict his tenant. Negotiations prior to our appointment had been very acrimonious and so it was with some trepidation that the parties came together at Court.
"Be careful" said our client "the tenant is a nasty piece of work, he has been in jail for armed robbery and GBH " As the tenant sat across from our advocate the landlord was asked whether there was anything else we should know about the tenant before presenting evidence to the judge - to which the landlord replied "yes, he's my brother!"
"Be careful" said our client "the tenant is a nasty piece of work, he has been in jail for armed robbery and GBH " As the tenant sat across from our advocate the landlord was asked whether there was anything else we should know about the tenant before presenting evidence to the judge - to which the landlord replied "yes, he's my brother!"
Landlord and Tenant Possession Order
In the case of Austin v Southwark London Borough Council the appellant lived with his brother in a flat owned by Southwark Council. In 1983 the brother was granted a secure tenancy of the property but an order for possession was made in 1987 which was not to be enforced provided rental payments were made.
By reason of the order and the payment history he became a tolerated tresspasser and was permitted to remain at the property until he died intestate in 2005.
It was held by the court that once a secure tenancy had ended the right of a tolerated tresspasser to apply to the court for the revival of the tenancy could not be excercised by a family member after the death of the tolerated tresspasser. Moreover that right did extend to the estate of the tolerated tresspasser.
Landlord Assist provide free no obligation advice to public and private landlords throughout the UK.
By reason of the order and the payment history he became a tolerated tresspasser and was permitted to remain at the property until he died intestate in 2005.
It was held by the court that once a secure tenancy had ended the right of a tolerated tresspasser to apply to the court for the revival of the tenancy could not be excercised by a family member after the death of the tolerated tresspasser. Moreover that right did extend to the estate of the tolerated tresspasser.
Landlord Assist provide free no obligation advice to public and private landlords throughout the UK.
Council seek rented homes advisor
Thirteen London authorities are searching for external advisers to help them improve their provision of rented homes.
Cecily Herdman, project officer in Westminster's housing strategy team said "the main objective is to get a better understanding of the role that the private rented sector plays in the market" Under the terms of the appointment the selected agent would be required to refurbish, manage and maintain properties that are subject to empty dwellings management orders.
Landlord Assist agree that landlords should provide quality accommodation which is appropriate for its occupiers however is concerned that the programme could lead to an increase of supply of rental property in some areas where there is already an oversupply and accordingly downward pressure on rents.
Cecily Herdman, project officer in Westminster's housing strategy team said "the main objective is to get a better understanding of the role that the private rented sector plays in the market" Under the terms of the appointment the selected agent would be required to refurbish, manage and maintain properties that are subject to empty dwellings management orders.
Landlord Assist agree that landlords should provide quality accommodation which is appropriate for its occupiers however is concerned that the programme could lead to an increase of supply of rental property in some areas where there is already an oversupply and accordingly downward pressure on rents.
Property Companies continue to fail
Corporate Rescue specialists Begbies Traynor has predicted that 1600 property companies could go bust this year. It also says that the number of commercial property companies facing critical financing problems had soared to 304 in the opening weeks of 2009. This was up from 221 in the last quarter of 2008.
Graham Kinnear of Landlord Assist concurs with these thoughts. Many property companies are reliant on rental income coming in and coming in on time. Landlord Assist are experts in dealing with problem tenants and the collection of rent arrears and their services are key to ensuring the ongoing cash flow through these difficult times.
Graham Kinnear of Landlord Assist concurs with these thoughts. Many property companies are reliant on rental income coming in and coming in on time. Landlord Assist are experts in dealing with problem tenants and the collection of rent arrears and their services are key to ensuring the ongoing cash flow through these difficult times.
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