The Landlord Law Blog

I am interviewed by Property Geek

2013-05-21T11:50:06Z

Just a quick heads up to let you know that I was recently interviewed by Property Geek and the interview has now gone online.

So if you want to hear me talking about tenancy agreements, eviction, sacking letting agents, deposits and HMOs, >> this is the place.

While there you may want to listen to some of the other interviews he has done – for example there is one from HMO Landlady.

Thanks as well to Property Geek for wanting to interview me in the first place!

Residential Possession Proceedings by Gary Webber and Daniel Dovar

2013-05-21T07:35:54Z

Ben has often referred in this blog to the book ‘Defending Possession Proceedings‘ from LAG as being the last word on the subject, but I have always had a sneaking preference for Gary Webbers book.

Maybe its because I bring eviction claims and don’t defend them.

Gary’s book covers the same subject matter as the LAG book, but is presented in a more ‘lawyerly’ way. Lay litigators may find it less approachable but lawyers will appreciate it.

However my old copy of the book had dramatically reduced in relevance as it was dated 2008 and a lot has happened since then.

So I was delighted to learn that a new 2013 edition was out. The 9th Edition in fact, so a long lived book, the first edition being way back in 1984.

As you would expect, this edition brings the law on possession proceedings up to date. Plus we have new chapters on discrimination and orders for sale.

The book also covers the new rules on tenancy deposits but was obviously published too late to include the Johnson v. Old case.

This is the perennial problem with published books – cases will come along and change things just after you have sent the manuscript to the publishers

However here, if you want them, updates are available from Gary’s website Property Law UK. The updates are free but if you want access to the online information you need to pay to subscribe.

Talking about payment, one big difference between this and the LAG book is in price. Whereas the LAG book is £55, Gary’s book (which is published by Sweet & Maxwell is an eye popping £105.

Is it worth the extra £50? Well it depends on who you are. If you are cash strapped and want something authoritative, then obviously the LAG book is the one. Particularly if you mostly act for defendants in possession claims rather than claimants.

However if you are a law firm where several staff members will be using the book as a reference, then you should definitely get it (as well as the LAG book) – it will be cheaper than going on a course for example, and it is a very useful reference book for anyone doing possession work.

In fact for any law firm which covers possession work I think this book is essential. Particularly as, until a new edition of Defending Possession Proceedings (currently last edited in 2010) comes out, it is more up to date.

However if you are thinking of getting it from Amazon, please use my affiliate link >> here. The link for Defending Possession Proceedings is >> here.

Can anything be done about anti social neighbours?

2013-05-20T06:34:12Z

Here is a question to the blog clinic from Barbara (not her real name):

Some individuals in our street are renting from a private landlord. They have been exhibiting antisocial behaviour across the neighbourhood but have recently gone as far as threatening violence (including a threat to kill) to one of our neighbours who have lived in the street for several decades.

The threat has been heard in court as a criminal charge but the people threatened have had to move out to temporary accommodation as they are in fear of their lives.

However, the antisocial neighbours are still not under any obligation to move and their landlord refuses to evict them. Is there anything we can do as a neighbourhood? The victims cannot sell their house as they would have to declare any problems with neighbours in a HIP.

This is a real problem and there is no easy solution.

The landlord is not bound to evict the tenants if he does not want to. There are good reasons why he might NOT want to during the fixed term of the tenancy as bringing eviction proceedings on anti social behaviour grounds can be expensive if the tenants defend (which they may well do).

The landlord cannot be liable himself for the actions of his tenants – unless perhaps he knowingly and maliciously installed antisocial tenants. But generally one person cannot be held legally liable for the acts of another.

If the neighbourhood got together and offered to fund a court claim for possession maybe the landlord could be persuaded to take action. However if the claim failed, note that you all might be liable to the tenants in costs (I doubt you would lose the cose but it has to be said).

Short of that, I am not sure what could be done. Does anyone have any ideas?

Landlord Law Blog roundup from 13 May

2013-05-19T09:11:43Z

I am a bit late with the roundup this week as I have been setting up a new service for Landlord Law members.

Its a new ‘bespoke’ tenancy service.

Members can request me to do up to five amends to my standard template (or more by agreement) to be set up so they can generate it online via my ‘document generator’ system in a private part of the site.

Plus I will try to get their logo on the agreement too. This is not as easy as it sounds as with the document generator things don’t always display as you expect. Tables for example are impossible.

But I think I have found a way to do it. You can read about the new service >> here.

But what happened on the blog?

Monday

Can tenants withhold rent for maintenance?

Tenants move in only to experience various problems All of which the landlord deals with but the tenants still withhold rent. Are they entitled to do this? See what I say here …

Tuesday

Resolving tenancy deposit non protection issues – interpreting the law

I ask a question and get some answers. See what they are here…

Wednesday

What is the best way to serve possession notices?

A blog clinic question from a letting agency employee who is worried that her manager may be serving notices the wrong way. Take a look here …

Thursday

Three misunderstanding about tenants rights when a section 21 notice is served on them

Just clearing up a few misunderstandings. Were they yours? Check here …

Friday

Ben’s Public Eye

A new series from Ben about social housing. We are in the year of the apocalypse. Read more here …

Ben’s Public Eye #1

2013-05-17T17:53:21Z

A monthly look at life in social housing land

2013 is the year of the apocalypse. Anyone working in front facing housing services has been dreading this year for quite some time.

The four horsemen of the Old Testament were

Famine
War,
Pestilence
Death

The four horsemen of 2013 are

Bedroom tax
The overall benefit cap
Universal credit and
Direct payments of housing benefit to social housing tenants

And just like the luckless population of ancient Judea, those most affected by this new apocalypse have no idea that it is even coming.

Today I interviewed two of my tenant clients, whose landlords had twigged to the oncoming debacle and are not going to be renewing their tenancy agreements.

Neither of these women want to force their landlord to get a possession order and have been trying to find alternative accommodation but nobody will touch them with a barge-pole.

They are financial lepers.

I explained the 4 horsemen above and one burst into tears as she realised the writing that is most definitely on the wall.

I suggested that she might be better served moving well outside of London and back to Leicester, where she fled domestic violence 2 years ago but she pointed to her mum, who was knocked down by a car last year and is in a care unit in Streatham, with only her daughter left to keep in touch.

What will she do? Move back to Leicester where her safety is under threat? Who then cares for mum? Decisions, decisions.

July for the benefits cap

The overall benefit cap throws it’s withered, ghostly leg over the saddle in July. At the moment a claimant gets their DWP benefits and separate payments from Housing benefit.

Come July it all changes. If your rent is £1,000 per month and you get £800 per month in DWP benefits then all housing benefit will pay is the £200 per month top up to meet the rent.

Stephanie Bottril – The first victim

Bedroom tax has already thrown it’s similarly rotting limb into the stirrups on April 1st and claimed his first victim in the shape of poor Stephanie Bottril, who killed herself last weekend, leaving a suicide note blaming the government for putting her home at risk.

Disabled from a very early age, Stephanie was hit by bedroom tax which put her £80 per month in debt and in danger of losing her family home.

Lord Fraud, the architect of this arrogant madness commented:-

“Clearly it is a desperately sad and tragic event, as you say. I and my colleagues send our condolences to the family. I’m not in a position to make any more comment. The relevant authorities need to investigate exactly what happened.”

Is it me? Or is that a cop out answer? We all know exactly what happened. Stephanie stepped out in front of a truck, leaving behind an articulate note with no ambiguities in it about the reason for her actions. What is it that the authorities need to investigate?

One of my clients this morning was of the opinion that crime will rise as people struggle to make ends meet. I heartily agree.

But it would appear that despite this vicious attack already being enshrined in law, nobody is taking it lying down.

Court challenges

Several cases were in the high court this week, confronting government in ways that challenge the UKIP/Daily Mail/IDS version of life at the bottom of the fish tank

Rebekah Carrier of solicitors Hopkin Murray Beskine who are mounting some of the 10 cases said:

“My clients are disabled children and their families who don’t have a ‘spare’ room.

Two of the families I represent have fled serious domestic violence and have only recently been able to settle down in their new, safe homes.

One family who were able to move to a suitable home after many years in appalling housing conditions have been told that their son would need to go into residential care if they moved to a smaller home.

This would cost the tax payer hundreds of thousands of pounds and would separate a disabled child from his family.”

And people are getting organised around this banner in ways that haven’t been witnessed for some years.

Benefit Justice

A coalition of campaign groups and trade unions have formed – ‘Benefit Justice’ – and are mounting a mass, national protest on the 1st of June, to coincide with Europe wide protests against austerity governance

Linda Burnip of the group Disabled People Against Cuts said:-

“Ministers are literally killing us with their savage and unjust cuts to housing, disability and other benefits. The war on benefits must stop now – never again.”

Whilst Eileen Short of Defend Council Housing said:-

“We do hold this Government responsible, and will tell every minister so, collectively and individually. The nation-wide day of protest on 1 June will honour Stephanie Bottrill’s memory in the best way we know.”

People are galvanising across the country, rallying to this particular flagpole and this is just the start.

Before you all attack me with accusations of being some pinko socialist agitator, be aware that I am simply reporting what I read and the comments made by my client’s on the front line of housing world.

Anti austerity

Much is being made this week about a referendum on staying in Europe but while government’s eyes are distracted elsewhere a bigger storm is brewing.

Not just in the UK either. Anti-austerity campaigns are springing up by the day.

It’s first manifestation in the UK is over Bedroom Tax but we still have to see the introduction of the benefit cap, universal credit and direct payments of HB.

Once those particular horsemen begin to nibble at the cud of the poorest, other campaigns and acts of defiance will start to surface and as is always the case with these things, there is a ready army of organisers waiting in the wings to maximise effects.

As the Chinese curse goes “May you live in interesting times”. We certainly do.

Four Horsemen of the Apocalypse picture