LEASEHOLD PROPERTY BUYERS MISLED

Mar 02 | 2020
  Are you a leaseholder?  Do you feel that you have been misled by a developer? Are you now regretting purchasing a leasehold property? The Competition and Markets Authority (CMA) are reported to have discovered that many buyers were not made aware of the pros and cons of buying a leasehold property when they held discussions with developers.  There may not have been enough transparency and as a result, many leaseholders now regret purchasing a property. There are cases where leaseholders were unaware that their ground rents would double every 10 years.  This has resulted in many leasehold purchasers being unable to pay their mortgages. If you are one of the Leaseholders that feel unfairly treated, then please ask to speak to one of our experienced property Solicitors Victoria, who will happily explain what options you have.      

Can a landlord prevent me from renting because I receive benefits or universal credit?

housing, tenant
Mar 02 | 2020
If a Landlord or a Lettings Agent advertises a property to rent saying that 'the Landlord will not accept anyone who is in receipt of benefits', may find themselves in breach of the law and face fines. The law does not allow a person who is in receipt of universal credit, to become a victim of discrimination. Recent cases that have been brought against Landlords or their Agents have resulted in substantial fines.  In 2018, Landlords were fined up to 3,500, but the legal costs of the Tenants who brought the claims were up to £10,000.00. The message to Landlords and Agents is clear, they cannot discriminate against tenants by taking a blanket approach to who they rent, they cannot discriminate against anyone, regardless of their colour, the sexual preference, gender, disability or whether the tenant pays privately or is in receipt of state benefits. This may cause some issues with Landlords because some lenders of buy-to-let mortgages will not allow Landlords rent to tenants who are not paying privately.  The reason is, some lenders believe that Tenants who receive their benefits are more of a risk.  If the Landlord needs the rent to pay the mortgage, then some lenders feel housing benefit tenants may not pay the rent to the landlord thereby putting the landlord in arrears with the rent. Landlords should discuss this with their financial advisor before they accept the terms of the buy-to-let mortgage, they should always fully read the terms of all policies and mortgage conditions. It may help if the Government allows housing benefit to be paid directly to Landlords, or, makes it unlawful for lenders to request that tenants cannot be claiming benefits.

How can I get assistance with renting on benefits?

So if you are a tenant and you need a housing lawyer to help you with a discrimination case, then please call Newbold Solicitors housing team for advice and assistance.  If you are a Landlord looking for housing/tenant advice, then we will be happy to provide you FREE legal telephone assistance.    

How can a landlord deal with nightmare tenants?

eviction, landlord
Jan 22 | 2020
Some of you may have read the article in the Mirror regarding a landlord from Bridgend in Wales who was left almost in tears because a tenant had trashed his immaculate home. If you haven't had read it yet, you can here. This is a very sad, but not unusual story.  We have heard of many landlords suffering similar issues. For example, one tenant in Cardiff took off all the internal doors for firewood, and took up the wooden floor for the same reason. Another landlord in London had their immaculate home trashed because the tenants used it to grow cannabis.

How can landlords prevent tentants ruining their homes?

Most tenancy issues are preventable if a landlord takes initial steps to avoid a nightmare tenant before the tenant moves in. The first thing a landlord should do, is obtain references from previous landlords, and if possible employers. Obtain bank statements to check that the tenant has the means of paying the rent.  If a tenant asks to pay 6 months upfront, it can be tempting, but sometimes it is because they want to be 'left alone'.

You should always ask "why"?

On one occasion a landlord rented out a central London property to tenants who claimed they could afford it, despite the fact that their employment status just simply did not add up.  If your instinct tells you something is wrong, it probably is. After confirming the tenants' means to pay, make sure your agent is chosen well. Ask yourself; are they agents who will take the commission, but fail to keep you up to date on rental payments, or fail to attend and complete inspections. If you are holding a license and you may not have an agent representing you, then ensure that you attend the property for inspections, that you keep an eye on the rental income and when the tenant falls into arrears, you take immediate steps (this could be an initial telephone call, or a letter, establishing the reason for the arrears). Just please do not let the situation deteriorate. If you find there are any issues, then attend a housing Solicitor (Landlord and Tenant Lawyer) and they will explain what steps you should take to ensure you are not dealing with nightmare tenants for more than one day more than you need too. We always believe that most 'nightmare tenants' can be avoided.  It is all to do with preparing the tenancy, managing the property and then getting the right advice at the outset.  The longer you allow the problem to go on for, the bigger the issue will be.  If you require advice, then please ring our team, they will  be happy to direct you with initial FREE advice.      

ELDERLY TENANTS LIVING IN DAMP CONDITONS.

eviction, housing, landlord
Jan 17 | 2020
It is estimated that there are 250,000 pensioners living in damp or unfit rental properties. They often do not know where to go to complain, or whether they can complain at all. The fact is, that all tenants have a right to live in a safe, happy and peaceful environment.  They should not worry about 'what if I make a claim, can my Landlord evict me'.  Tenants are protected in law. The Housing Act states that a tenant must live in a property where all the essential services (gas heating water etc) are in a good working order.  That the fixtures and fittings should be in a good state of repair.  The There are Agencies where tenants, including elderly and vulnerable tenants can go for free housing advice.  Not many housing solicitors who specialise in Landlord and Tenant legal problems, offer free landlord and tenant help, but at Newbold Solicitors we provide NO WIN NO FEE on disrepair claims.

THE QUEENS SPEECH AND HOUSING

Jan 17 | 2020
  The main change will be in England with the banning of Section 21 notices.  Housing Solicitors and Landlords, use the Section 21 process as a means of getting possession quickly, but, many tenants feel (quite rightly) that there is a lack of security.  This is particularly concerning when children have made friends locally, or who attend a local school.  It can also cause tenants to lose their employment, if they work locally and not least have a detrimental effect on vulnerable tenants. Many Landlords will be concerned, so to balance this, the Government will be including additional grounds into the S8 procedure. The other major change will be 'life time deposits'.  This will allow deposits to move form one property to the other, so the tenant will not have to consider a deposit every time the move. Housing (landlord and Tenant law), is complex because it is ever changing.  As Catherine Hartland has always said in her training courses: 'housing law is complex because it is ever changing and it is ever changing because it is a matter of Government policy'.  For this reason, please speak to one of Newbold Solicitors housing team, who will be more than happy to advise you on any housing related issues.

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