TC

• Comment on: Council loses legal battle against housing association

  TC's comment | 13/08/2010 8:26 am

  Don't be fooled - negligence claims against solicitors creates work for whole teams in some law firms. I wouldn't see this as an exception - only that it has actually being reported. And why? Because anything related to pensions, shortfalls and local government spending in the current economic climate makes good press.
  I do think though whoever proofed the agreement and didn't spot the implications of such a clause ought to be worried.

TC has not added any discussions yet.

• Posted in: successions and signing new tenancy agreements

  TC's post | 05/12/2011 9:29 pm

  If the tenant themselves were not a successor, or a joint tenant whose interest in a joint tenancy passed to them via survivorship after the death of the other joint tenant, then as an eligible successor you would be able to succeed to the original tenancy.

  You would succeed to the tenancy and all terms and conditions as were in force at the date of death, but you wouldn't be liable for any arrears.

  Right to Buy entitlement is personal to some extent in that the discount qualifying period would not pass to you.  You must qualify in your own right - all the tenancy gives you is the right to apply to buy if you yourself meet the qualifying criteria.

  Successors shouldn't be asked to sign new tenancy agreements as the succession takes effect at the time of death - assuming it isn't challenged by more than one successor or the landlord has a right to deny the right to succession.  A landlord may wish to properly record that there has been a succession/survivorship, but that should not include asking the successor to sign a new agreement with different terms and conditions.

  Hope this helps.

• Posted in: Rent of decanted tenants still being counted as rent arrears

  TC's post | 15/11/2011 4:00 pm

  It's amazing reading this thread just how varied approaches to this relatively simply situation are.

  Firstly, a tenancy continues until it is terminated; therefore, the concept of 'voiding' the property or moving the tenancy to another property is not appropriate.  A tenant can hold more than one tenancy, it is usually the organisation's IT system that prevents this from happening for various reasons.

  What should happen is that the tenancy of the original property is left to continue, albeit no rent should be charged to the tenant while the property is uninhabitable and they reside elsewhere.  For accounting purposes, you either zero the rent charge and submit the total amount of rent lost as part of the final insurance claim submission, or, you transfer money from a budget to cover the rent then replenish that budget with the settlement amount.

  The tenants should be given a licence to occupy the decant property, with that a condition that once they are notified that the original property is available to return to, they do so.  Failure would result in the termination of the licence, and as their tenancy remains available to them they won't fall into a homelessness situation.

  If you grant a tenancy of the decant property then you run the risk of their occupation having greater security than you intend, and if you end the original tenancy, on what basis do you do that without a surrender or NTQ?

  Just more food for thought on what has been an interesting thread.

• Posted in: Surrender of tenancy - rent liability

  TC's post | 10/10/2011 11:15 am

  I would say if, as you have stated the surrender is mutually agreed, the date of the surrender has also been agreed - this will take effect on the date you return the keys or other agreed date and that rent is only payable up to that date.

  If in effect all you have done is to agree with your landlord that you want to move out early, and to end the tenancy early, then s/he would be entitled to the provisions of any notice period/lost rent included within the Assured Shorthold agreement.  The tenant's notice to quit requirements will be stipulated in the contract, otherwise the tenancy would end on the date given in your Section 21 notice.

  Surrender normally means that you and the landlord agree to the termination of the agreement on an agreed date, bringing all terms and ocnditions to an end.

• Posted in: Proxy Bidding on CBL sites

  TC's post | 14/09/2011 10:52 pm

  Sorry if I am missing the obvious, but if you are the allocated case worker for your client, why would you not use their log-in to bid on their behalf.  Surely you would want to create a bid history for their application, whilst also being able to maintain the information on the application?

  Back-office access should really be for the administering of the system by the CBL partners.

  We have tenanacy support advisors and downsizing advisors bidding on behalf of appicants who do not have regular or easy access to the bidding mechanisms.

• Posted in: Water rates on Council Tenancies eviction

  TC's post | 14/06/2011 11:20 am

  Proceed with caution.  If the agreement to pay water charges is within the tenancy agreement - e.g. we call it rent and other charges, and the tenant has accepted those terms, then it does become legally enforceable upon breach.  This is would allow a social landlord to consider it actionable cause under possession Ground 12 (assured tenancies) or Ground 1 (secure tenancies); especially if attempts have been made to recover the debt and these have not been successful.

  If the clearing of oustanding debts owed to a previous landlord is a condition of application, then of course these should be resolved at the earliest opportunity.  Most social housing lettings schemes, I would hope, simply wish to see a sustained payment plan to reduce any debts to enable someone to apply to a waiting list.

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