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Carryon Regardless

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Everything posted by Carryon Regardless

  1. I only mentioned the booklet as a sarcastic quip to demonstrate the continual meddling. The later conversation demonstrates nicely how we are continually tripped up by such pratting about by our so superior legislators, and with our combined expertise we still don't quote a definitive answer for our own protection. Nicely done chaps. Grampa your comment on there being no stipulated time, serving the booklet of the day in front of the judge, if it goes that far, seems a nice strategy.
  2. i agree on our taxes being abused, a good way to reduce that is for our politicians to stop messing with policies for self promotion. Is anyone sending out the revised How To Rent booklet yet? I'm being hit by Selective Licencing again. The previous 5 years were at a cost of £750 per property. This time £500 application fee, I don't know the result of a failed application ie a re application being required. Followed by £120 per year. It only came out yesterday so I don't know if this will be ongoing or a repeat each 5 years again. I do see the Council is empowered to fine a non applicant £30,000, not a typo, of course no S21 possible and 12 month rent refund to T. I know the policy statement but don't see any advantage re tenant security, better property management, or even less anti social behaviours. All given reasons for this. Glad I've only got the one property over in that hole.
  3. I don't think it unreasonable to assume that this latest initiative will become more stringent over time, with a D requirement and eventually a C. While I'm ok Jack for others it's not daft to plan for this. True enough the lower rated properties will be of lower quality, also more likely they will be occupied by claimants and be low revenue. Since legislation is creating this socialist tax on LL's there being some assistance doesn't seem unreasonable, to me.
  4. Don't do this, it's a disaster in the making. Bail out saying you have learnt that letting a property not up to standard is too risky, which it is. You start off with risk of a claim of disrepair being possible. If a housing inspector were to get involved you would be given a strict time limit to carry out works and then it / they would be organised at greater expense to you. If you use the services of an Agent, I'm sure Grampa would agree, that a good one wouldn't touch the property until ready anyway. It may be that you are needing the rental revenues to finance the renovations. It's very unlikely that you will see a positive result and the likely stresses would cause premature ageing. As said no friends or family for many very good reasons.
  5. I can't see a problem with selecting a living companion that fits in with the household. It must increase the chances of enjoying social stability.
  6. Post a notice of intended inspection with 24 hours notice. With all your contact details detailed you can 'hope' for a response from the T. The only way you can legally and correctly enter is by Court order and that would require a Bailiff action. I would be looking for evidence of departure, talk to neighbours to see if removals have been apparent, ring the energy supply companies to see if the accounts have been closed out, ring the local Council tax office to see if you have become responsible for this (that can take a while though as more often it is only when a HB T becomes registered at a new address that the account will revert to you). If the evidence of departure is there you should then consider abandonment procedures.
  7. I did have the lass of a Polish family accuse me of racism, because I didn't provide the AST in her language. She also claimed disrepair as every time she turned on the cold tap the water came out with such pressure it splashed her. I thought that most people would have learnt by the second time not to turn it on so much.
  8. I can't find the thread where we discussed this previously but firstly I was of the understanding that we are permitted to only provide a web link to this booklet. Secondly I read this wasn't adequate, so now worried that I had been neglectful to my poor tenants I looked for support of my first understanding and couldn't find it. I should have just read the booklet. Under "The landlord must provide you with" is "A copy of this guide..... via a link or as a printed copy." The incoming tenant can have the one I've printed off, and then for the fun of it thought I'd read the stupid thing. Now my third understanding is the same as my fist understanding and I'm not a criminal for omitting printed copies for the 3 latest tenancies, phew.
  9. Create a rental agreement with a 3rd party, Mr smith, for the garage and its use. This person, Mr Smith, has full access rights to the garage that they are in possession of. Your existing T's are aware of the storage use of the garage and as long as the use isn't hazardous have no rights to have understanding of that use. As the garage is for storage, of what is immaterial, access to store and remove is a reasonable right. How often is not for them to attempt to control. Would anybody attempt to control their access to the property they are in possession of? Mr Smith permits you to use the garage, end of.
  10. A fair number of the T's have fleas so pretty sure their fluffy pets will have. Hard to believe they would do a good job with DIY efforts.
  11. My AST requires T's to obtain written consent for pets, of course at application there is the question of pets and that allows me to reject the application. So a couple w/o pets moved in over 3 years ago and what do you know there are 2 little doggies. I can hoof 'em but the ill effect of fleas will already be present. Any animal smells are soon there anyway. I can make claim after hoofing against them and/ or their well of g'tor, but I have little confidence in the CC system already and as the strategy I'm using against Compton's demonstrates, recovery of the out of pocket expense is rarely recovered and this ignores the effort required. I increased their rent by more than £30pm more than I would otherwise. The longer they stay the better off I am and it's their choice, for now. The pile of paving blocks at the front are a new concern though.
  12. Agreed Grampa, for slightly different reasons but similar I have reduced the attention I give to T's and have learnt to stay within the legislative requirements. Where as I used to enjoy giving good service before the gov't increasingly told me how to.
  13. With luck I'll get to improve my quality of T's in Wales. Often i've to lower my expectations as demand isn't healthy, that might improve as other LL's increase their admin charges.
  14. So if agents don't charge tenants I assume they charge landlords, Maybe I'm missing something here. The gov't's don't lime LL's and prefer legislation to cause us to be more controlled and professional, with such as selective licencing, schemes to train and produce qualified LL's. While there are those fly by night agents in general a professional agency is easier to police than the hundreds of LL's on their books. This measure is more likely reduce the use of agents as a LL won't like the extra initial charge coming his way. I see this as being contradictory to the desires of any gov't to professionalise the industry, just more tinkering that'll cause more confusion within the industry. Not that I expect it to have a great affect on me.
  15. Aside from insurance backed schemes we don't hold the deposit anyway. Then trying to claim the deposit from an awkward T who defends the claim isn't really worth the effort, as in most LL / T litigation's the T will have the an advantage come time for 'whoever' to decide who gets what, or in the LL's case not. I am surprised that the Gov't are cutting their revenues from the holding of deposits some, and I've always seen the deposit schemes as an unnecessary Gov't scam anyway. Why a T shouldn't use the court system like any other faltered business transaction escapes me. The home owning G'tor has been my favoured method for a while. I only take a deposit when all my checks and intuition is good but the G'tor isn't a home owner. Another little gem I've developed is when an existing T isn't playing nicely I increase their rents significantly, at least while T's they are paying towards the expected hassles of later. I am surprised you guys haven't cottoned on to the fact that we don't run our own rental businesses these days, We are pretty well social LL's acting on behalf of the Gov't who can't afford to increase their housing stock as is desperately needed, That can have other advantages for us with the principles of supply and demand, but the ongoing and incoming Gov't's will continue to increase the controls over us. I'm waiting for some git up there in the Westminster ivory tower to suggest we should provide 10% of our rentals to the really needy, like ex cons and single mummies. I'm sure we've seen this great idea for the poor abused T's http://www.independent.co.uk/news/uk/politics/extend-right-to-buy-to-the-tenants-of-private-landlords-labours-jeremy-corbyn-says-10342824.html
  16. But there are no requirements as such. As there is no legislation, similar to the annual gas inspection, that causes us to meet any standard we only have to demonstrate a duty of care in the event of a serious mishap. And only then if the HSE decide to make an example and prosecute for negligence. The HSE barrister is going to use the 17th Edition 'Regulations' to show the standard the property should have been wired to to be safe. There are three organisations that oversee electrical contractor competence, but the NICEIC is the better known and more widely required by local council building control as the organisation they accept when requiring certification, but not wanting to 'confuse' further it's sensible to talk of the NIC(EIC) only. It follows that if we use a contractor who is registered with the NIC and he provides an inspection certificate then we have satisfied our duty of care. To my mind in any event of mishap the contractor might then find himself defending rather than us. Now as to selling, a new subject methinks. We have no controls to provide certificates for double glazing installations (FENSA), a 'normal' home owner has no need to prove gas safety, the same is true of electrical safety. Come a time of sale it may well be that a surveyor requires evidence of these things, then it's between solicitors/ lending sources/ and clients to negotiate. As you know often an indemnity insurance is often used to cover the risk. Or indeed to gain an electrical inspection 'pass' the property may be rewired. As you might imagine each time the Institute of Electrical Engineers (IEE) publish a new edition of the regulations, or amendments to the existing, there is no requirement for all British properties to be brought up to those standards, that just wouldn't be realistically policed. All new works do need to be carried out to those standards and it may be that an electrician may recommend a rewire of aged, out of date electrics, and even prefer not to add to a wiring system he feels would increase risk. Any contractor not registered with the NIC should inform the home owner of the need for an inspection, I can only imagine that he is still liable for the quality of his work but the home owner is then made aware of his liability to satisfy 'building control'. This bit may confuse a little more, a contractor may be competent to carry out works but not qualified to carry out inspection and testing. As previous, he should make the home owner aware. A Part P qualified electrician has a diluted qualification to carry out works in a dwelling. His ability to carry out industrial works for example won't be demonstrable from a Part P qualification, the IEE 17th Edition regs still covers this type of work though, and much more. https://www.niceic.com/find-a-contractor/electrics-explained/what-is-part-p
  17. The first sentence of my reply answers the op's question, and actually has been answered by others in this thread. I cannot answer for HMO's, as I've no experience with these. There is no legal requirement to carry out an electrical inspection on a rental property. If an NIC electrician has provided an inspection certificate, and we are able to check that the electrician is registered with the NIC and we are able to check online as to the validity of the certificate it seems to me that there is no confusion regarding our having satisfied the duty of care requirement.
  18. There is no legislation to cause LL's to carry out electrical inspections. The IEE 17th Edition Wiring Regulations are the standards electrical contractors should work to. It isn't legislative but in the event the HSE attending one of our properties (due to being informed by the Police following a notifiable incident) any inspection following that incident will use the 17th Edition standards to prosecute us for negligence, or what ever. If we have had a property inspected by an NIC contractor then it's reasonable to view that we have done all that is reasonably practicable to comply with our duty of care. But like a car MOT it doesn't mean safety is guaranteed after that inspection. We might still find ourselves defending due to an event. The 17th Edition recommends an inspection for domestic property each ten years. Where the 17th Edition gets silly is that it also recommends an inspection prior to new occupants taking residence, for me this would often mean re inspecting after less than 12 months. Of course an inspection where notifiable works are carried out is required. Non notifiable works we can carry out ourselves, but the list of these works isn't over lengthy but might well confuse some.
  19. NICEIC is the recognised body to oversee contractors, more credible than Part P. It looks like an online check can be carried out, https://www.niceic.com/find-a-contractor/certificate-check
  20. I'm unable to find the information I've been acting on. So to be safe, until I can find confirmation of my earlier statement at least, I say it is safer for us to supply the booklet. Of little comfort, and not the information I've been working to, is this I've seen this morning. As an alternative, according to this guy at least, we can email the booklet as an attachment. http://www.propertyinvestmentproject.co.uk/blog/landlords-how-to-rent-guide-for-tenants/ If I'm able to find the information I'll post it up, otherwise I apologise for misleading anyone. Now I've to print off the bloody patronising booklet for my recent tenancies, just in case I've to serve a S21 in future.
  21. We only need provide an internet link to the booklet, The T can then choose to to download or not.
  22. A well designed and less complex system wouldn't have inherent flaws that allow for such obvious abuse. The industry has no need for such complexity, it's only the clumsy legislation that makes it so. After the election we can be sure some politician will jump on the band wagon to make it more complex yet.
  23. Scary. The story might well generate sympathy for the LL, but not from those that will say "They have a house in London don't they? They can afford it." Much worse is that this can serve as a very dangerous education for the type of T we all fear, and worse still I can see ways that a T could manipulate a more favourable result for themselves from a naive LL. Grampa you're so right, we need to know what we are doing. But the law being so clumsy and changeable it's not surprising that many are caught out. The LL is an easy and prominent target.
  24. Some of Grampa's points are only relevant if he became a T after Oct 2015. Clearly here what is very important is to follow the process defined as lawful by legislation, and record your actions. A letter to the T, sent by record of dispatch and not signed for on delivery, detailing the situation is of value. As a lawyer when he sees that you are acting as required and not stepping into the world of ambiguity that lawyers enjoy he will likely play ball. His reputation is important to him 'if he really is a lawyer'. Research, not sure how, his status as a lawyer. Try to find where his other flat is. It's his choice to inspect anything but the gas cert that he 'may' hold is of no value to you. In writing you need to ask for him to state when he will make access possible for your engineer to visit. Send him a printed sheet that he might wish to fill out giving accurate detail of works as may be required, to head off a claim of disrepair.
  25. All she has to do is not let him back in, end of. As LL to her there is nowt you can do to remove her guest besides evict her and repossess the property.
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