How can I rent with my pet? How can I prove they are well behaved?

Jan 17 | 2020
RENTING WITH MY PET   Trying to find a rental property where you can take your well-behaved dog or other pet? Are you finding it difficult? Well you are not alone. Only 7% of rental properties are advertised as pet friendly. The Government are looking into making it unlawful for a tenant to be refused a rental property when they have a well-behaved pet. Newbold Solicitors (who are experienced housing Lawyers) feel this is an excellent idea, but Newbold Solicitors are all animal lovers. Most of us know that pets are as much a part of a family as anyone else. They help children with their confidence and give much comfort to people who are lonely. They are a great benefit for people who suffer from depression and if you are like us, you just love animals. We appreciate that not everyone feels the same; In order to protect the interest of a landlord, if the pet is causing a nuisance, then the Landlord has the right to ask the tenant to leave. So, it is good news for responsible tenants and well-behaved pets.

What is a landlord license? Do I actually need one?

housing, landlord
Jan 09 | 2020
  It would be lovely to write a blog that makes licensing so easy, but as we all know, or should know, it is not. In this blog post we try and break down the world of landlord licensing into small, manageable chunks, without the often associated jargon.  

What are the consequences of not having a landlord license?

  If you fail to have a landlord license, then the consequences for you, as a landlord are severe. You can:
  • Be fined an unlimited amount (often £30,000)
  • Be subject to a rent repayment order
  • Or a rent stop order
  • Have assets taken from you under the ‘Proceeds of Crime Act’
  • Be prevented from renting out your properties in the future
  • Be prevented from recovering possession
  • The Local Authority can take over the management of the property
  Despite these consequences, many landlord still ‘have a go’ themselves. At NewBold Solicitors we are all too often instructed late in the process by many landlords who have not taken the matter sufficiently seriously.  We have an excellent record for defending orders made against landlords, but it always helps when you contact us early.  

What landlord licenses can be breached?

If you have received notification that you are in breach of the following licenses:  

Will I have to go to a tribunal?

This is a possibility yes. This is where you will make your case to the court, and attempt to defend your landlord license, or lack of it. The tribunal will take into account:
  • Your conduct as a landlord
  • Your financial circumstances
  • Whether or not you have been convicted of a relevant offence or you have received a financial penalty
  • The tribunal also considers the conduct of the occupier
 

What happens if I’m found guilty at my landlord license tribunal?

If you are found guilty of the offence, which is on the criminal principle of ‘beyond all reasonable doubt’ and you are fined, then the order is treated as any other debt against you and is enforceable by such methods as bankruptcy or charging orders etc.  

How do I apply for a landlord license?

In order to apply for a license, you have to be considered a ‘fit and proper person’.  It costs usually about £500.00 and if you have applied, but the license has not been granted, then you can argue that the license is in hand.  However, if it has been refused, and the appeal refused, then you will not have a license. Another person can hold a license for you who is ‘fit and proper’, but if you are found in breach, and the case is taken to court, the tribunal will look at control, who is managing and controlling that property.  

What do I do if I’ve received notification from my local authority?

If you have received notification from the local authority (LA) that they believe you are renting without a license, then please pick up the phone or email our team who will deal this matter quickly and efficiently so you can continue to rent out your properties and receive your rental income. For a free 15-minute assessment and then £216.00 an hour inclusive of VAT, with the average defence of a license being between £900 - £1,500.00 (depending on the complexity of the issues).  A considerable saving of having to pay a fine or having a rent stop order made against you.     All advice given in our blogs cannot be relied upon as they depend on individual circumstances and changes in legislation,  they are meant to be a guide of the law only

Landlord and Tenant Solicitors - How can they help me?

housing
Dec 06 | 2019
  Are you looking for an experienced Landlord and Tenant Solicitor? it can be very difficult to find a property lawyer who specialises in Landlord and Tenant disputes, even harder to find one who you can trust to resolve the issue you have, quickly, efficiently and without charging you a fortune. The reason there are not many proficient housing lawyers and solicitors available for you to instruct, is mainly due to the complexity of the area of law, the ever changing statute (which means you cannot dabble in Landlord and Tenant law). You have to be experienced in many other areas as well, for example, debt, contract, family and benefits.

Is Landlord and Tenant Law in Wales different to England?

If you live in Wales, the law is very different to the law in England, and also Scottish law is very different again, which all adds to the complexity for both landlords and tenants alike. If you are not aware of the different legislation, then Landlords can face substantial fines and may even be stopped from renting out their properties to tenants in the future.  It is simply not worth risking your livelihood on ‘having a go’ yourself, or instructing your nearest law firm, or the firm that dealt with your last conveyancing transaction or drafted a will for you. It is important that you seek proper specialist legal counsel. For tenants, the issues can be different again, many tenants are not able to access free legal advice because public funding (legal aid) is scarce, and this can make it very difficult to bring a claim against a Landlord. Therefore, it is extremely important that you   NewBold Solicitors are a leading Landlord and Tenant law firm with an excellent record in resolving Landlord disputes. Landlords, we can can assist you with the following:   We charge for example (inclusive of VAT):
  • £90.00 for serving a notice
  • £360.00 for applying to Court for a possession order
  • From £168.00 per hour for ongoing work
  • Fixed fees are available upon request
  Tenants, we can assist you with (for example):   We have a number of charging options:
  • Fixed fees
  • An hourly rate from £168.00 per hour
  • NO WIN NO FEE
  • Deferred payment scheme.

MY TENANT HAS STOPPED PAYING ME RENT.

Oct 28 | 2019
      If your tenant has stopped paying you rent you should:
  1. write a letter to them, asking them why and advising them that by failing to pay you rent they risk you serving them with a S8 or S21 notice.
  2. If they fail to get in touch, it may be worth sending a Solicitors letter to them.  It is often looked at as a more formal response, that you are 'serious'
  3. If this had no effect, then you should consider serving a notice on the tenants.  You can either serve a S21 notice (for 2 months) or a S8 notice (for 2 weeks)
  4. If the Section 8 notice has no effect, then you may have little option but to apply to Court for a Court order.
What if my Tenant has advised me that there is disrepair, can I still serve a notice?
  1. If the property is in England and you have been served with a notice by Environmental Health, then you first of all must make good any repairs that they have found.
  2. the tenants should not stop paying you rent just because there are repairs outstanding.
What are the cons for serving a S8 notice?
  1. Well you will have to attend Court.
  2. The Tenant could put in a counterclaim
  3. if you do not get the best advice, then it could  become a lengthy process.
What are pros for serving a Section 8 notice:
  1. You only have to give 2 weeks notice
  2. if the tenant owes you more than 2 months rent at the time of serving the S8 notice and when you attend Court, the Court has to order possession
  3. You can make a claim against your tenant and he/she could end up with a county court judgement against them.
  4. if a defence is filed and you are successful, you can claim your costs over and above your fixed costs.
To find out more about the best way of recovering your rent, then please call our housing team.  

MY LANDLORD WILL NOT MAKE REPAIRS.

Oct 28 | 2019
If you are a tenant, then you will have the right to rent a property free from disrepair.  You should live in a property that you are proud to call your home, free from hazards and safe for you and your family. Your Landlord has a duty to make the repairs, maintain your property and keep it safe for your to live in.  Sadly this is not always the case, some Landlords happily take the rent, but are not happy about making the repairs.  So if that is the case, what are your options as a tenant? what are your rights?

Tenants rights regarding getting a property repaired:

Your rights are contained in the Housing Act 1988, which has been amended. Your rights are that:
  1. the internal and external structure of the property should be kept in repair
  2. that all essential services should be in good working order (gas, electricity, water, sewerage)
If your Landlord is failing to maintain and repair, then you should:
  1. write a letter to your landlord explaining about the issue you are facing.
  2. If your landlord fails to make any repairs then talk to a housing solicitor
  3. If the Landlord continues to ignore your situation, then you should consider forcing him/her to make the repairs.
If your Landlord is failing to maintain and repair, then you should not:
  1. fail to report the problem
  2. withhold your rent, withholding your rent could result in you losing your home.
What if my Landlord serves me with notice because I have advised him/her about the disrepair?
  1. if you live in England you could be protected from this, it is known as 'retaliatory evictions'.  To find out more about retaliatory evictions, follow our blogs or call our housing team for free legal advice.
What if I cannot afford to pay for a Solicitor?
  1. then you should ask for a Solicitor that can take on your case without charging you an up front payment, and if you lose your claim, will not charge you their costs.  This is known as a 'conditional fee arrangement' (NO WIN NO FEE).  Newbold Solicitors can take on cases under a CFA, if you call our team, we can help you further.

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