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Abi Bhalla
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Abi Bhalla
It is certainly a good legislation, however it will give rogue tenants more opportunities to exploit good, innocent landlords by accusing them to avoid evictions first genuine reasons like non payment of rent/property damage/refusal to fix damage/refusal to allow entry to workers etc. What evidence will be used in courts to prove that the tenant or landlord is telling the truth?? Videos of caught in act won’t be possible by either of the victims-landlord or tenant so It will alway be one party’s word against the other with witness (not likely to be available unless shared homes, acts in public places or witnesses are paid). It’s more than likely that Female tenants will try to get away with it by accusing Male landlords by claiming sex for rent, even if the landlords had not stated or applied this practice. Our laws provide protection to everyone under Sexual Offences Act 2003 to refuse Sex for rent/similar practices and inform the police immediately without any further anti Landlords specific legislations. Why not make it compulsory to include information about Sexual Offence Act 2003 to be included in the Tenancy Start pack/Right to Rent documents to inform Tenants of their Safety and Rights? This the Easiest, Most Efficient, Effective, Less time/admin burden and an Evidence based solution for good landlords, good tenants, as well as for courts, and Police if the matter gets to that stage? Unless there are safeguards to protect both innocent parties (Landlords & Tenants) based on actual physical evidence to be presented in court, this legislation should not be allowed. For clarification of doubt: I am a female Real Estate professional. I have seen female tenants tell lies, accuse innocent landlords (both male and females) as well as their families of sex for rent to avoid evictions based on other genuine reasons (rent non payment, property damage, nuisance neighbor, criminal behaviours and acts), thus resulting in long costly court cases to prove the innocence of Good Landlords. Hence I am against this legislation change proposed by MP Wera Hobhouse unless Landlords are protected from Rogue Tenants. Perhaps MP Wera Hobhouse doesn’t have sufficient workload, or genuinely worthwhile matters to consider hence is going after good landlords. Instead of hounding good landlords, MP’s should be focusing more on removing grooming gangs from the streets of U.K., forcing Home Office to release the reports to show which MP’s, and Senior Civil Servants are involved in those Sex scandals brushed under the carpet by Labour and Liberal Senior officials.

From: Abi Bhalla 11 March 2020 12:20 PM

Abi Bhalla
The Govt. is not worried re homelessness. It’s relying on Build to Rent (B2R) developers. Some have now been completed in Scotland and North. South East Council’s are encouraging people on housing waiting lists to explore a relocation, including providing financial resources to visit for viewing/short term stays. Many B2R developments are near completion in South East as well hence the Govt. is confident to fill the gaps created by PRS LL’s leaving the sector. Local authorities come to an agreement with the Developers at the Planning approval stage re the no. of homes to be provided to the council. More can be acquired using various laws by the councils. The Govt is shifting more powers to local councils to reduce homelessness by using almost any means-eg refuse planning permission if the Developers do not agree to a % of new homes for Council usage, Cap PRS rents in privately rented homes by the developers/owners, redefine Lodger status to Tenant-thereby prolonged eviction process for homeowner/LL. Lodgers, Tenants and Councils will/do have more rights than PRS homeowner/LL. A lodger refusing to leave can not be evicted with just NTQ-s.8/s.21 eviction process must be followed, up to Bailiffs warrant. A good/unaware lodger would leave with NTQ may be, an unscrupulous lodger who rents with an intent to get a Council home can not be evicted with just NTQ unless charged with ASB. Police treat lodgers as an ‘invited person’ hence will require full evidence-even if the homeowner calls 999 in case of an assault /damage in home by the lodger-a lengthy process requiring visual evidences/ongoing complaints to council not just by the homeowner but neighbors/local/businesses etc etc. Homeowners can face criminal charges if evicting Reluctant lodger/s without Bailiffs warrant-especially if council decides to pursue a case on behalf of the homeless lodger. London’s Labour mayor is pushing for PRS rental cap. With over 5 B2R projects approved just in East & South London to provide over 1,000 rented homes, it will be interesting to see the ratio of Developer owned/rent:Council rented, reduction in homelessness in East & South London Councils, and the impact of PRS rent cap. The Govt. is waiting for B2R Properties Councils usage Data. If successful in reducing homelessness and waiting lists for council homes - Data will definitely be used by both Labour & Conservatives during the next GE. It seems that s.21 change will not be repealed now. Time will tell if Govt’s B2R policy has been successful in reducing homelessness, whilst also keep PRS profitable for LLs.

From: Abi Bhalla 06 July 2019 15:27 PM

Abi Bhalla
Re: Tenants for 10+ years-not sure if that’s a risk worth taking, in light of ‘Tenants (multiple) Human Rights to stability and long term security of a home’. If a tenant is over/nearer to 60, has an accident or falls into vulnerable categories whilst living in PRS-the Council can attempt/ask the judge to grant the lifetime occupancy rights for tenants or even worse forcing to sell/transfer the property to a council if they can convince the judge re HMO operation with license (even if the tenant is subletting without LL’s knowledge). Tenants with sensory pets for medical reasons have additional ‘tenants/human rights’. My colleagues helped to evict a tenant (EU Citizen) in situ for 5 years, 60 years of age, broke both arms in an accident by climbing a tree to release football, no rent paid for a long period (2 years), had friends living at home without informing LL, Council attempted to declare the rented property HMO without license requested the judge to hand it over to Council as LL had a home but Tenant won’t have one if evicted (multiple human rights and housing plus HMO acts used, long term tenants, home improvements paid by the tenant (a bath curtain, 2 light bulbs and a feature wall), inability to work or mentally cope with a change of home after the accident, and accused LL running HMO, when LL had denied it in face to face meetings. Antiquated laws favouring tenants of Residential and Commercial properties need to be changed for a Fair and Balanced treatment of both Tenants and LL’s. Unscrupulous Council should be heavily penalised, with unscrupulous staff to be immediately fired, should they enter a home without the homeowner’s/LL’s permission, especially in cases of lodger complaints.

From: Abi Bhalla 04 July 2019 14:53 PM

Abi Bhalla
s.8 is not fit for purpose. A tenant can pay on the day before or even a few seconds before the hearing to win the case, costing LL high legal costs. I have seen this happen whilst helping a neighbor, an elderly couple. The Tenant transferred funds whilst the usher was calling them, after being advised by the duty solicitor! Result-case dismissed as the judge couldn’t issue an eviction order with the knowledge that the rent was paid. Poor LL ended up with £000’s legal costs, and an anti social tenant continues to damage their property with the support of (another case) Hounslow council. There should be simplified laws to help homeowners repossess their property from unscrupulous tenants (& lodgers). We see so many homeowners with the change of circumstances, them wanting to use 2nd or more properties for personal/family’s usage but they are unable to do so without spending high legal costs due to convoluted eviction processes in England-especially if the tenant is an EU citizen/or a Refugee who suddenly loses the capacity to speak/understand English or has made false allegations against LL to the local council. Even Fast Track Housing Tribunal won’t help LL’s, unless judges are authorised by enhance laws to issue an eviction order without requiring a hearing for certain reasons-eg Lodgers refusal to leave, a Police report for anti social behaviour (not requiring a criminal conviction & another legal case result), 1 month’s unpaid rent. Let’s wait and see what happens and how many false promises are made by the political leaders nearer to GE voting periods.

From: Abi Bhalla 04 July 2019 12:21 PM

Abi Bhalla
Paul Barrett - Unfortunately your statement ‘Under NO circumstances can Lodgers appear on Council Tax statements’, is 100% inaccurate. I have seen the signed lodger agreement, Hounslow Council tax bills for the last 2 years pre lodger arrival, and post lodger Council tax after the Lodger went to the council to complain about LL having given a notice to vacate room without a Court Order. Legally speaking, a lodger can get a Council tax bill from Hounslow council once they have a Lodgers agreement-quoting from Hounslow council’s advise to the solicitor. As I said in previous comments-Councils have the power to overrule a Spareroom or other legally drafted Lodger’s agreement. If a Lodger refuses to leave, & LL changes the locks, when Councils get involved then the LL is certainly looking for potential criminal prosecution, loss of rent and further short/long term ban on becoming LL/having lodgers in their home. That’s the reality of this case, regardless of whatever you have experienced. LL beware of sharing your home with lodger/s. Eviction of a tenant from A separate property where LL doesn’t live may cost financially but it doesn’t impact LL’s own home lifestyle, a difficult Lodger supported by Council does! So again, LL should be aware of risks of taking in Lodgers under rent a room Scheme. Sure enough, in case of lodger or council problems, they should approach you first instead of local CAB, Law Society Or a Lawyer/Residential evictions specialist.

From: Abi Bhalla 22 June 2019 22:28 PM

Abi Bhalla
Suzanne Morgan - It’s a theoretical fact as per Gov.UK, Spareroom and relevant laws, until a Council decides that the Housing Act 2000 overrules a Signed Lodger agreement (received by LL from Spareroom in this case) to redefine a Lodger as a Tenant. The Lodger uses shared areas with LL (to date). LL’s have been told in clear terms to wait for Bailiffs or face arrest by Met Police (instead of entering the room or changing locks) although they have the keys to Lodger’s room. Therefore the Housing Act has to be considered when advising anyone to only rely on Spareroom, Gov.uk or other excellent free resources available for public to use. Not sure if this is a Council staff fraud case or a friend helping friend using internal processes, but the Council team member also updated the Tax register to show the Lodger as the Primary resident liable for tax, although the signed Spareroom Lodger agreement clearly stated that the Council tax and all bills were included in the Lodger’s monthly rent. The LL became aware after the council tax team wrote to them about credit due on their bill hence they called the helpline to check why they had received a credit note. The tax team response was ‘there was an internal “miscommunication” resulting in removal of LL’s/homeowners name from the council tax bill’. Fast forward, the LL started receiving postal mail from multiple unknown names at their address, they had to contact CAB and Royal Mail to get that stopped. The lodger accused LL of having withheld her passport expected by postal mail hence although she wanted to but couldn’t leave. We assisted LL and Royal Mail confirmed in writing that the Lodger had redirected her as well as several other people’s mail from LL’s home address. This is just one of many cases of Lodgers defrauded LL & Council Housing/benefits system. Each Council uses their own criteria’s about Lodgers-the Law is in favour of Lodgers (or Tenant’s), Police and courts go by The Council’s rules-LL’s beware. Best wishes with your Lodgers.

From: Abi Bhalla 22 June 2019 14:42 PM

Abi Bhalla
Paul Barrett - Hope everything turns out well with your prospective lodgers in Ealing for the Council or Chiswick CAB to not send you any warnings. LL’s in this specific case had relied on Gov.UK Rent a Room Scheme, & Lodgers agreement from Spareroom, total residents 3 adults from different household families (2 LL’s-1 lodger). Hounslow Council overruled Spareroom document (signed agreement by both parties) & Police advised LL’s to contact CAB. CAB and any of the countrywide Law Society staff or volunteers work within defined statutory compliant guidelines and would not advise anyone to ignore Council or Police advise. 2 clear options were left for LL’s-1. Change locks to take the risk of criminal proceedings, dragged out court case & fines by council along with the stress and social stigma, or 2. Apply to court for lodger eviction via s.21 or s.8 rule using Self representation or appoint a solicitor. They opted for 2nd method. Spareroom is indeed a good website, nonetheless if a lodger doesn’t leave and Council gets involved (Hounslow or elsewhere), along with the Police refusal to remove the lodger despite ASB, then there is no other lodger eviction alternative to a court case & long wait to follow the due legal process. Landlord Today, Gov.UK, and Spareroom are amongst the resources advised/shared with LL’s (as well as tenants) approaching Met Police, CAB, Age Concern and pro bono Law/other voluntary Societies reference documents. Best wishes to everyone considering Future LL ventures with Lodgers sharing own home. Do so with an informed Risk based approach. Hopefully it will be successful. Have a great weekend All.

From: Abi Bhalla 22 June 2019 14:14 PM

Abi Bhalla
Paul Barrett & others contributors in this forum- The existing Lodger eviction case is coming to a close now awaiting Bailiffs order. My friends do not wish to change the locks now & face any legal issues/criminal record at their age so they convey thank you for the advise re lodgers. They had read Gov.UK and online advise before responding to the Council, were subsequently advised by the lawyer and Police not to change the locks on lodger’s or main home door to avoid criminal charges. These are educated, a retired school teacher and public servants so their intellect and ability to research and do the right thing is higher than most of the ones claiming to know better about English laws re Lodger eviction (or any other matters). However since I have seen many similar cases in Hounslow & Ealing with LL’s needing to go to court for lodger evictions, if anyone has a local Person, Locksmiths’s (aware of similar scenarios) or contacts in these areas, I can share it with the voluntary organisations including CAB teams to help empower LL’s. I am guessing it’s an individual decision of LL’s-some would be happy to take the risk by changing locks, others wouldn’t especially if the CAB, Council, Police and Solicitors advise against it. A voluntary/pro bono organisations can not advise to change the locks and make a lodger homeless, they can provide referrals to the LL’s Or Lodgers to contact the Council, Royal Mail, Lawyers, Interpreters (for non English speakers), Support organisations & advise them to search websites etc. Any useful contacts info will be appreciated for sharing with local LL’s. This matter is closed now. Thank you.

From: Abi Bhalla 22 June 2019 09:27 AM

Abi Bhalla
Possession Friend UK, Apologies it took a while to get the details from my friends: Timelines-excluded occupier: 06 Oct 18 - verbal notice 1 month NTQ, lodger refuses to accept, txts the landlords, goes to Hounslow council. The council advise lodger to seek a written NTQ, duly provided by Landlords, taken to Council by the lodger. Oct 18-Council tells the homeowners in writing that they have classified and are satisfied that the lodger is a tenant by way of definition under the Housing Act 2000 hence not to attempt to ask them to leave without a Court order, or the landlords will face criminal proceedings. Also with multiple false allegations including that CCTV has been installed in shared areas to spy on the lodgers breaching their human rights to quiet enjoyment of their home (confused-as it’s also the Landlord’s home, they live there), although this couple have had CCTV in their home since 2016! Nov 18-The Landlords have a face to face meeting with Hounslow Council staff for an amicable solution, very disrespectful & arrogant Council staff team member repeats the same as per the Oct 18 letter above, advising the Landlords to wait till Feb 19 before giving 2 months NTQ & obtaining a court order for eviction. The lodger stops paying rent-apparently based on the Council team members advise. Dec 18-No Rent. The Landlords decide to contact a solicitor, who contacts Hounslow Council and gets the same answer as above. Issues a s.21 notice with 2 months NTQ. Feb 19-Lodger doesn’t leave, suddenly another female and 3 children appear in her room. No rent & Anti social behaviour getting worse due to Council support, s.8 issued provides another 2 weeks NTQ. 06 Mar 19-s.8 application in court. Court date received for 24 May. Apr 19 - Lodger assaulted one of the landlords & damages property inside the home, which is reported to Police, who ask for the evidence that it was the lodger. No action taken by Police due to lack of evidence, & they are unable to evict, advise against changing locks as there are children seen in the room, Landlords advised to wait for court order to evict, and call 999 in case of an emergency. May 19-Eviction order issued on 24 May, 2 weeks for lodger to leave. Jun 19-Lodger doesn’t leave on 6th June, Solicitors applies for Bailiffs to Hounslow court & receives an email from the Hounslow council team asking for the Bailiffs court order so that they can House this excluded occupier lodger redefined as tenant by them. The solicitor estimates that due to courts being busy (based on the time gap from application submission to previous hearing date), & council involvement, it may be July or even possibly August before the lodger/tenant can be evicted. 11 months timeline is based on the first notice in October 18 to lodger/tenant till estimated quitting and room repossession expected in August 19. So this couple has lost rent since Nov 18, and still waiting for s.8 eviction to gain repossession of a room in their home. Hope it provides the necessary information. Sharing it on this platform rather than by email, to make other users aware and hopefully assist if they are facing a similar situation. I am ignoring the nonsensical comments by PB in this thread re Lodger’s eviction. Landlords must be aware that if a local Council gets involved, the same process as a tenant eviction has to be applied to evict a lodger.

From: Abi Bhalla 22 June 2019 00:21 AM

Abi Bhalla
Paul Barrett - I will bear that in mind if I ever decide to return to PRS or support, help anyone looking to do so. Note: In legal terms, Permission granted doesn’t qualify as a Disclaimer from legal claims after receiving information under FOI requests. Without prejudice noted on the advise from counsels in a jury case during my civic duty. I do voluntary work with the local Community in 2 Boroughs of London, including community policing support and have seen the issue of unscrupulous tenants disrespecting honest LL’s (some LL’s in 70’s or older having used their lifetime earnings to get a property to rent, & known personally for over 20 years), damaging properties, anti social behaviour, non payments etc but Police’s hands are tied until laws change with direct clear guidelines to support LL. I strongly disagree that it’s LL’s fault or that they don’t know what to do. Over 95% of my pro bono voluntary support cases were EU lodgers or tenants using LL’s as a stepping stone to gain a Council home with the help of Council staff who guide the tenants tactics about what to do. The fault lies with our housing laws and govt policies (accumulated over multiple govt changes over the last 35 years)-well known globally as ‘The Easy Target/Asylum nation-an easy life for economic migrants, and lazy people’. To be clear- I myself am from migrant heritage. My ancestors contributed to the economy by Defence Services sacrifices & financial funding from the starting point & we have never looked to the state for assistance. In fact, my ancestors (passed away) frowned upon state support if anyone mentioned seeking the council or benefits support during their toughest times hence I am qualified to comment about the impact of uncontrolled immigration as well as unscrupulous migrant tenants.

From: Abi Bhalla 21 June 2019 17:40 PM

Abi Bhalla
Steve Sykes -Thank you for the advise. #1 step is planned for action, once my friends lodger has actually left (see earlier comments in this thread). They are willing to write, and I will be a witness but don’t wish to prejudice the current case. #2 - Hounslow is a Labour Majority Council = full of unscrupulous people-no chance (or as they say-no hope in hell) of an action to support honest landlords or hardworking honest people either. If one knows an insider, is willing to defraud the system - things will get done, or just go to the end of queue until the next 4-5 general elections have happened and if one is still alive! It was bad before the EU floodgates opened, when many people arrived all prepared with how to use the system to get housing benefits and council housing with no regards to anyone else’s home, or respect for the LL. Now it’s getting worse as many have settled from previous waves, got council benefits/housing and work for the council. They help their friends/network associates. As per my earlier thread-my friends lodger spoke perfectly good English when asking for help in Oct 18, but suddenly lost her linguistic skills on the court hearing day in June 19-requesting an interpreter at HM taxpayers cost! The Council staff had advised her all along to act in such a manner, whilst threatening the Landlords with the criminal proceedings. Unless the media, Organisations like Landlord today and Legal Eagles influence the urgency of laws for better protection of LL against lodgers/tenant’s & Councils, the Rental Properties stock will continue declining, in due course one of the Politicians might take notice.

From: Abi Bhalla 21 June 2019 15:20 PM

Abi Bhalla
Paul Barrett, Your assumptions describing nativity as idiot actions are wrong. My friends (a couple) had checked the lodgers passport (right to rent), are always exceptionally HSE aware in their home hence have fire, smoke alarms preinstalled, and gas, electricity safety checks are completed regularly. They used gov.uk ‘rent a room’ link to download and got the lodgers to sign a ‘Lodger’s agreement’, not Tenancy agreement, which clearly stated the notice period. They didn’t take any deposit, just as well or the Hounslow Council would have definitely classified them as criminals-knowing how the council has harassed these senior citizen homeowners. The lodgers subsequently (after receiving a written notice) got her mother and a child to start living with her in the room and took the notice letter to Hounslow council. The council team behaved more of a rogue lodger, telling the homeowners that the lodger is classified a tenant as per certain sections of housing act 2000 and warned in writing that if they change the locks, the council will issue criminal proceedings, resulting in them having to pay legal costs plus rent and compensation to the Lodgers! The lodger then assaulted one of the homeowners. When reported to council and police, they wanted evidence-with the warnings from council that cctv could not be put in shared areas to protect the lodgers rights to privacy! Hence they were Forced to get a lawyer involved to help with the eviction using S.8 -still waiting for Bailiffs 11 months later because Hounslow council team hires people who support unscrupulous Lodgers, and Tenant’s. Hence not everyone is an Idiot by placing trust in govt schemes. The unscrupulous Hounslow council team members and Lodgers definitely are the Idiots & bad news for Honest Landlord victims. My friend’s experience taught me to Beware and Not rent to EU migrants especially Brazilian Portuguese female as lodgers or tenants even after referencing.

From: Abi Bhalla 21 June 2019 14:24 PM

Abi Bhalla
The Govt needs to create new laws to protect Landlords from unscrupulous Tenants, Lodgers & local Council. Tenant eviction in 5 months - either the local council is supportive of landlord or please share the details of solicitors who helped. My friend helped another friend’s family as a Lodger (Brazilian Portuguese), who wanted a maximum stay for 3 months after arriving from Portugal. Naively my friend thought that renting a spare vacant large double room could be a source of income as per Govt’s heavily publicised ‘Rent a room’ Scheme. Fast forward 10 months later, no rent, hallways with holes, staircase damaged, holes in walls, brand new bathroom damaged, kitchen utensils & gadgets stolen, £6,000 spent on legal costs so far, still waiting for Hounslow based courts (as it has to be a local council only) to issue a Bailiffs order! Gov. U.K., Landlord today and other bodies encouraging private renting options should put clear warnings for Homeowners, Landlords of excluded and non excluded occupiers that it can cost More in Eviction & Property damage than the Return on Rental income. My friend (in 70’s age bracket) have decided not to rent or become a private residential landlords. All laws are stacked up against Residential and Commercial Landlords in Housing, Landlord and Tenant as well as other Acts. Time for a quick overhaul of laws and clear guidelines for judges to rule in favour of Landlords for Commercial & Residential lets when a tenant stops, delays rent payment even by 1 day, damages property (without the police or courts requiring evidence of them damaging it from inside the place-effectively needing a CCTV in rented homes/areas resulting in costs and breaking privacy laws) or behaves in an anti social manner. 3 days eviction rule for an automatic court order with an easy to follow application steps by Landlords should be applied in the above mentioned breaches by unscrupulous Tenants/Lodgers to encourage more people in becoming private landlords to help the Govt reduce the pressures on lack of good rental homes in private sector housing.

From: Abi Bhalla 21 June 2019 11:42 AM

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