Comments for Keywee - Landlord and Tenant Law Research Site http://www.keywee.co.uk Residential Landlord and Tenant Legal Information Thu, 08 Dec 2011 21:12:30 +0000 hourly 1 http://wordpress.org/?v=3.3.1 Comment on Who has the Material Interest? by ksb http://www.keywee.co.uk/archives/3603/comment-page-1#comment-138 ksb Thu, 08 Dec 2011 21:12:30 +0000 http://www.keywee.co.uk/?p=3603#comment-138 You are correct,I will be appealling the decision and hopefully using the Leeds case as an example. There is still a contractual agreement in place (normally under the same terms and conditions)when an assured shorthold tenancy ceases and a periodic one starts. Kind regards ksb You are correct,I will be appealling the decision and hopefully using the Leeds case as an example. There is still a contractual agreement in place (normally under the same terms and conditions)when an assured shorthold tenancy ceases and a periodic one starts.

Kind regards

ksb

]]> Comment on Who has the Material Interest? by guildy http://www.keywee.co.uk/archives/3603/comment-page-1#comment-137 guildy Thu, 08 Dec 2011 20:57:57 +0000 http://www.keywee.co.uk/?p=3603#comment-137 Hello I think your case maybe worthy of appeal? Although it would depend on what you pleaded at the first tribunal. I am confident the decision above that we took is correct. In any event, regardless of the contract, section 5 Protection from Eviction Act 1977 provides that a notice from a tenant is not valid unless at least four weeks long so the weeks notice part is plain wrong in my view. Many thanks Adrian Hello

I think your case maybe worthy of appeal? Although it would depend on what you pleaded at the first tribunal.

I am confident the decision above that we took is correct. In any event, regardless of the contract, section 5 Protection from Eviction Act 1977 provides that a notice from a tenant is not valid unless at least four weeks long so the weeks notice part is plain wrong in my view.

Many thanks

Adrian

]]> Comment on Who has the Material Interest? by ksb http://www.keywee.co.uk/archives/3603/comment-page-1#comment-136 ksb Thu, 08 Dec 2011 20:49:42 +0000 http://www.keywee.co.uk/?p=3603#comment-136 I had the same problem with a dss tenant who abandoned the property leaving her furniture behind and giving me no notice to quit,despite having a periodic tenancy in place. I started getting coucil tax bills afterwards. Walsall council took me to a magistrates court and finally a valuation office in Birmingham. The council argued that the material interest came to an end after tenant left and that I was only entitled to a weeks notice as my rent period was only a week (alhough it had been agreed in contract I wold get a month's notice). The council even accepted the tenant had given me no notice to quit but still wanted their money from me from the date they said the tenant had told them she had left. My judgement from Birmingham valuation tribunal arrived dated 5.12.11 in which they found in the council's favour. Sometimes it seems it is better to argue that one is not the legal fiction and demand to be heard under the jurisdiction of common law and argue that such statutes like the LGFA 1992 are not applicable in this case. The legal system is flawed and it is very sad that bad tenants and councils will try to take advantage at the expense of landlords who are simply trying to provide a service for their community. I had the same problem with a dss tenant who abandoned the property leaving her furniture behind and giving me no notice to quit,despite having a periodic tenancy in place. I started getting coucil tax bills afterwards. Walsall council took me to a magistrates court and finally a valuation office in Birmingham. The council argued that the material interest came to an end after tenant left and that I was only entitled to a weeks notice as my rent period was only a week (alhough it had been agreed in contract I wold get a month’s notice). The council even accepted the tenant had given me no notice to quit but still wanted their money from me from the date they said the tenant had told them she had left. My judgement from Birmingham valuation tribunal arrived dated 5.12.11 in which they found in the council’s favour. Sometimes it seems it is better to argue that one is not the legal fiction and demand to be heard under the jurisdiction of common law and argue that such statutes like the LGFA 1992 are not applicable in this case. The legal system is flawed and it is very sad that bad tenants and councils will try to take advantage at the expense of landlords who are simply trying to provide a service for their community.

]]> Comment on Local Housing Allowance Calculator by admin http://www.keywee.co.uk/archives/3308/comment-page-1#comment-119 admin Sat, 29 Jan 2011 12:11:00 +0000 http://www.keywee.co.uk/archives/3308#comment-119 After this article, the software suppliers called us to try and explain what it does differently. They have made some amendments to their website (and I note the price has been reduced as amended above). In particular, in response to this article, they have added "What does the LHA Calculator do that I can't find on the VOA website?" You can see this here: http://bit.ly/hZUbvn From the phone call and further information provided, it seems it is simply putting the data in a better looking format (graphs and such) but the information itself is no different and the software is only "predicting" what a rate will be. Of course, it's impossible to know what an actual rate will be until the rent officer has published the rates each month. Don't forget as per our other articles in this category, the 30 percentile is not 30% off the rate, it is 30% of the median calculation and therefore in real terms it will result in about a 10% reduction. As the suppliers pointed out quite rightly, if rents are steadily rising (which I dispute but figures do seem to show this) then this increase in market rents might counter the 10% real effect of the April changes and in reality it may result in little impact on landlords. I don't include the capping rates which affect central London and a couple of other areas in that statement as clearly those properties will be affected not by the 30% medium but by the capping of rates. Adrian After this article, the software suppliers called us to try and explain what it does differently. They have made some amendments to their website (and I note the price has been reduced as amended above). In particular, in response to this article, they have added “What does the LHA Calculator do that I can’t find on the VOA website?” You can see this here: http://bit.ly/hZUbvn

From the phone call and further information provided, it seems it is simply putting the data in a better looking format (graphs and such) but the information itself is no different and the software is only “predicting” what a rate will be. Of course, it’s impossible to know what an actual rate will be until the rent officer has published the rates each month.

Don’t forget as per our other articles in this category, the 30 percentile is not 30% off the rate, it is 30% of the median calculation and therefore in real terms it will result in about a 10% reduction.

As the suppliers pointed out quite rightly, if rents are steadily rising (which I dispute but figures do seem to show this) then this increase in market rents might counter the 10% real effect of the April changes and in reality it may result in little impact on landlords. I don’t include the capping rates which affect central London and a couple of other areas in that statement as clearly those properties will be affected not by the 30% medium but by the capping of rates.

Adrian

]]> Comment on Summary of HB Changes April 2011 by jamal http://www.keywee.co.uk/archives/3114/comment-page-1#comment-118 jamal Tue, 07 Dec 2010 01:16:49 +0000 http://www.keywee.co.uk/?p=3114#comment-118 i have new shourthold assured tenancy on july 2010..am i affectd with the govenment new plans and will be considered as a new tenant or i fall in the category of exciting tenant i have new shourthold assured tenancy on july 2010..am i affectd with the govenment new plans and will be considered as a new tenant or i fall in the category of exciting tenant

]]> Comment on Housing Benefit Consultation by Alan Hunter http://www.keywee.co.uk/archives/2819/comment-page-1#comment-113 Alan Hunter Fri, 27 Aug 2010 11:47:40 +0000 http://www.keywee.co.uk/?p=2819#comment-113 It appears to me that the private rented sector is on course to split into two separate and very different parts.With one part letting only to working people,whilst the other will deal only with LHA claimants. Increasing numbers of landlords that that I speak to state that they given up on the HB/LHA system.Most -- if not all cite, the ending of direct payment to landlords as the tipping point for this decision.Other causal factors which are stated include :delays,extreme pettiness,intransigence and ignorance of the HB/LHA regulations by local council staff; rent arrears resulting from such delays(which is sometimes greeted with an air of triumphalism and humour when council staff are informed.)Lastly, that the lifestyle and attitudes of many claiments results in both anti-social behaviour and damage to the property.It is to be noted that it is very widely accepted that there claimants out there who will and would be excellent tenants--but where are they? For those landlords who continue to accept HB/LHA claimants, they cit reasons which include:acceptance of the business they have chosen;a more basic standard of accommodation is required and accepted and in some instances ,economic necessity. As one might expect, professional landlords closely follw housing trend reports and a common theme shown by all landlords known to me is the view that:- the day is very quickly approaching when local councils(who have a statutory responsibility for homelessness) will need the private landlord more the private landlord willneed the local council. It appears to me that the private rented sector is on course to split into two separate and very different parts.With one part letting only to working people,whilst the other will deal only with LHA claimants.
Increasing numbers of landlords that that I speak to state that they given up on the HB/LHA system.Most — if not all cite, the ending of direct payment to landlords as the tipping point for this decision.Other causal factors which are stated include :delays,extreme pettiness,intransigence and ignorance of the HB/LHA regulations by local council staff; rent arrears resulting from such delays(which is sometimes greeted with an air of triumphalism and humour when council staff are informed.)Lastly, that the lifestyle and attitudes of many claiments results in both anti-social behaviour and damage to the property.It is to be noted that it is very widely accepted that there claimants out there who will and would be excellent tenants–but where are they?
For those landlords who continue to accept HB/LHA claimants, they cit reasons which include:acceptance of the business they have chosen;a more basic standard of accommodation is required and accepted and in some instances ,economic necessity.
As one might expect, professional landlords closely follw housing trend reports and a common theme shown by all landlords known to me is the view that:- the day is very quickly approaching when local councils(who have a statutory responsibility for homelessness) will need the private landlord more the private landlord willneed the local council.

]]> Comment on Standard pre action letter – after section 21 served by Ali Jaffri http://www.keywee.co.uk/archives/84/comment-page-1#comment-111 Ali Jaffri Wed, 11 Aug 2010 10:42:31 +0000 http://www.keywee.co.uk/?p=84#comment-111 printable virsion of pre action letter cant find? printable virsion of pre action letter cant find?

]]> Comment on Budget and Spending Review 2010 by admin http://www.keywee.co.uk/archives/2655/comment-page-1#comment-109 admin Thu, 22 Jul 2010 15:11:51 +0000 http://www.keywee.co.uk/?p=2655#comment-109 Hello That's really interesting thank you and it hasn't been mentioned on this site before. Adrian Hello

That’s really interesting thank you and it hasn’t been mentioned on this site before.

Adrian

]]> Comment on Budget and Spending Review 2010 by David Heal http://www.keywee.co.uk/archives/2655/comment-page-1#comment-108 David Heal Thu, 22 Jul 2010 13:12:21 +0000 http://www.keywee.co.uk/?p=2655#comment-108 I found the following link useful. It gives an indication of LHA based on the 30th percentile compared with the median: www.voa.gov.uk/LHADirect/LHA-emergency-budget-news-2010.htm Sorry if I'm duplicating info that's already on the site. I found the following link useful. It gives an indication of LHA based on the 30th percentile compared with the median:

http://www.voa.gov.uk/LHADirect/LHA-emergency-budget-news-2010.htm

Sorry if I’m duplicating info that’s already on the site.

]]> Comment on A Flaw in the Argument? by admin http://www.keywee.co.uk/archives/2701/comment-page-1#comment-107 admin Tue, 20 Jul 2010 07:41:42 +0000 http://www.keywee.co.uk/?p=2701#comment-107 It really must be in the DPS and no other scheme. Draycott established that the 14 day rule does not apply to DPS. However, there is no such case for other schemes. In addition, the other two schemes have different wording which appear to try and avoid Draycott by specifically saying their initial requirements require the deposit be protected within 14 days and are therefore different wording to the DPS. (MyDeposits rules suggest they might accept late protection with consent and an additional fee being paid and other conditions.) It really must be in the DPS and no other scheme. Draycott established that the 14 day rule does not apply to DPS. However, there is no such case for other schemes. In addition, the other two schemes have different wording which appear to try and avoid Draycott by specifically saying their initial requirements require the deposit be protected within 14 days and are therefore different wording to the DPS. (MyDeposits rules suggest they might accept late protection with consent and an additional fee being paid and other conditions.)

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