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  • LANDLADY IN NEED OF HELP PLEASE

    Hi,

    I am new to this site and have been looking at posts by a member called PlanB - who I am hoping with be able to help me please?

    I have my own home and another which I rent out. I rent out to people who struggle to find anywhere else as they all have difficulties but we all manage to get on ok so it works out fine - most of the time.

    I have one tenant who recently had a visit from a charity care person...? and he has taken it upon himself to report me to the council.

    The tenant has issues with lots of things and regularly dismantles things like the smoke detectors - because he feels he is being spied on by the government etc etc. He took up all his floorboards and removed the skirting boards for the same reasons and all sorts of other things! He smashed his way through the glass panels in the main front door as he lost his keys.......so you know where I am going with this.

    I try my best to keep up with him, but he hates having visits and I dont always know what is going on - I cant watch him 24/7.

    He has filled the basement with weird stuff he keeps collecting and often sets fire to things in the garden.

    Anyway - now the council are on at me to get this and that fixed - which I always do anyway. I have asked them for a couple of weeks to get the things fixed up and they have agreed.

    I got a letter from the council just before christmas requesting the following:

    Requested under the Housing Act 2004 Section 235.

    1. valid certificate of annual fire alarm testing.
    2. valid test certificate for servicing the fire equipment.
    3. valid test certificate for emergency lighting.
    4. current gas safety certificate.
    5. valid electrical safety certificate dated within last 5 years.
    6. periodic inspection report.
    valid portable appliance test certificate by a competent person.
    7. sample copy of tenancy agreement for all tenants.
    8. evidence of deposit protection.

    Now, I have been working through getting all this sorted and provided the gas safety certificate already - No 2 is still on the way as there was a delay by the guy who did the testing for me, because as soon as he tested and fixed a couple of them - 2 were damaged by drunk friends of tenants!

    I was told by a letting agent that No 5 was not a legal requirement??

    I have recently lost one of my best friends and have not been firing on all cylinders and I am a bit out of sorts - but I am not refusing to provide all this to the council....they are very aggressive where I live.

    I have kept in touch and told them that certain things will be fixed by the end of february which they are ok with......

    Then yesterday I received a letter from the council solicitor stating that as I was refusing to provide this information they were going to carry out a criminal prosecution!

    PLUS THEY HAVE SENT AN INFORMATION REQUISITION?

    They are quoting the Local Government Misc. Provisions Act 1976 Section 16.

    This is asking for the details of the land owner and mortgage company etc etc.

    This has thrown me into a spin and I am not sure what exactly they need this information for. I have rented this house out with no problems for over 10 years.

    This solicitors letter now states that failing to provide the Certificates is a criminal matter. I understand that, BUT

    I dont want to give the council my private information so my question is - is it a criminal offence to not provide them with the information they have requested under the Local Gov. Misc. Provisions Act 1976 Section 16?

    If needed I can type out the exact request from the council but in the meantime can anyone help me? There is no problem sorting all the legal certificates I just need more time to get my act together. The information requisition - I dont think is their business and I totally resent them trying to force me into this.

    Is it a criminal offence to not provide this information please?

    Thank you to anyone who will help me.

  • #2
    Re: LANDLADY IN NEED OF HELP PLEASE

    What a nightmare!

    I'm sure PlanB will be along very soon.

    I've sent PlanB a message for you.
    Last edited by marypoppins; 21 January 2016, 14:08.

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    • #3
      Re: LANDLADY IN NEED OF HELP PLEASE

      Originally posted by marypoppins View Post
      What a nightmare!

      I'm sure PlanB will be along very soon.

      I've sent PlanB a message for you.

      Hello Marypoppins - thank you very much for your help.

      Comment


      • #4
        Re: LANDLADY IN NEED OF HELP PLEASE

        Originally posted by POPPYDOG View Post
        I dont want to give the council my private information so my question is - is it a criminal offence to not provide them with the information they have requested under the Local Gov. Misc. Provisions Act 1976 Section 16?
        Yes it is an offence.

        See here --> http://www.legislation.gov.uk/ukpga/1976/57 scroll down to point 16....

        Power of local authorities to obtain particulars of persons interested in land......


        Originally posted by POPPYDOG View Post
        If needed I can type out the exact request from the council but in the meantime can anyone help me? There is no problem sorting all the legal certificates I just need more time to get my act together. The information requisition - I dont think is their business and I totally resent them trying to force me into this.

        Is it a criminal offence to not provide this information please?
        I would probably consider speaking to someone professional about this, such as --> http://www.landlords.org.uk/services...andlord-action

        Other info at CAB --> https://www.citizensadvice.org.uk/ho...for-landlords/

        Good Luck - any queries give us a shout.
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        • #5
          Re: LANDLADY IN NEED OF HELP PLEASE

          Hello Niddy,

          Thats great - thank you I will contact them.

          Thank you for your help.

          Comment


          • #6
            Re: LANDLADY IN NEED OF HELP PLEASE

            Sorry about the loss of your best friend POPPYDOG

            Good luck in sorting this out xx
            Let your smile change the world but don't let the world change your smile


            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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            • #7
              Re: LANDLADY IN NEED OF HELP PLEASE

              Hello Pixie,

              Thank you for your kind thoughts - its hard isnt it.....

              Also am working through the Council nightmare...am thinking of closing down the house as the Council make things impossible.

              Will come back here soon

              Comment


              • #8
                Re: LANDLADY IN NEED OF HELP PLEASE

                Yes, please update us xx
                Let your smile change the world but don't let the world change your smile


                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment


                • #9
                  Re: LANDLADY IN NEED OF HELP PLEASE

                  Is this all sorted now Poppydog?

                  I really feel for you since you were clearly trying to help your Tenant in a way perhaps the Council had failed to do.

                  This week a Local Authority (who shall not be named) asked me to seek possession and evict my Tenant because she had been granted Discretionary Housing Allowance (HB top up to which she was entitled) which the Council felt was "a drain on the public purse".

                  I promptly gave her a new six month tenancy agreement

                  Plan B x

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