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<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:wfw="http://wellformedweb.org/CommentAPI/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" xmlns:slash="http://purl.org/rss/1.0/modules/slash/" > <channel> <title>dwaezms.info</title> <atom:link href="http://dwaezms.info/feed/" rel="self" type="application/rss+xml" /> <link>https://dwaezms.info</link> <description></description> <lastBuildDate>Wed, 13 Mar 2024 22:54:42 +0000</lastBuildDate> <language>en</language> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <generator>http://wordpress.org/?v=3.1.3</generator> <item> <title>Tips for Buying an Abandoned Property</title> <link>https://dwaezms.info/tips-for-buying-an-abandoned-property/</link> <comments>https://dwaezms.info/tips-for-buying-an-abandoned-property/#comments</comments> <pubDate>Tue, 21 Mar 2023 15:04:23 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[entertainment]]></category> <guid isPermaLink="false">http://dwaezms.info/?p=85</guid> <description><![CDATA[Upon getting information about an upcoming school science fair and the need to consider a topic of interest, many students will typically have no idea where to get started. While the science fair is typically a common occurrence in any school at any grade level, there are different types of topics that should be taken [...]]]></description> <content:encoded><![CDATA[<p> Upon getting information about an upcoming school science fair and the need to consider a topic of interest, many students will typically have no idea where to get started. While the science fair is typically a common occurrence in any school at any grade level, there are different types of topics that should be taken a look at depending on the age of the student. After first taking a look at the many different categories of science projects, you will be able to locate a suitable choice of topic to take to the next level.There is a wide variety of categories that fall under the types of science projects that can be chosen for a school science fair. These include biology, chemistry, physics, microbiology, biochemistry, medicine, environmental, mathematics, engineering, and earth science. While you may not have yet learned very much in any of these categories, don’t be afraid to see what each one entails. Taking a good look at your interests will allow you to focus on the right direction to take.Many resources are also available for those who are unsure as to the topic they are wanting to use to create their science projects. If you take a look at the topics that fall under the biology category, you will likely notice that there are topics that deal with plants, animals, and humans. For those who are in 2nd grade or 3rd grade, an interesting topic may be to determine if ants are picky over what type of food they eat. While this topic might not be of interest to an 8th grader, it is certainly something in the biology category that an elementary school student would enjoy.Along with the biology category, a high school student may want to take a look at diffusion and osmosis in animal cells as this would be a more appropriate topic for the grade level. A student in 6th grade would be more advanced than an elementary school student, but not as advanced as a high school student. At this middle school grade level, a topic of how pH levels effect the lifespan of a tadpole may be of interest.Whichever resource is used to locate a topic for science projects, it is always a good idea to consider the grade level of the student prior to making a selection. It is always assumed to be best to have a project at an appropriate level in order to keep the attention of the student and provide a fun and enjoyable learning experience. </p><div class="mads-block"></div>]]></content:encoded> <wfw:commentRss>https://dwaezms.info/tips-for-buying-an-abandoned-property/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>The Investments Step By Step Guide To Letting Your Property In The United Kingdom</title> <link>https://dwaezms.info/the-investments-step-by-step-guide-to-letting-your-property-in-the-united-kingdom/</link> <comments>https://dwaezms.info/the-investments-step-by-step-guide-to-letting-your-property-in-the-united-kingdom/#comments</comments> <pubDate>Tue, 21 Mar 2023 14:07:15 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[entertainment]]></category> <guid isPermaLink="false">http://dwaezms.info/?p=83</guid> <description><![CDATA[There are so many rules and regulations governing the lawful letting of a property. It is imperative that these legalities are adhered to in order to be successful long term within the industry. If you choose to overlook the necessary guidelines you may be faced with substantial loss of earnings and potentially face a custodial [...]]]></description> <content:encoded><![CDATA[<p> There are so many rules and regulations governing the lawful letting of a property. It is imperative that these legalities are adhered to in order to be successful long term within the industry. If you choose to overlook the necessary guidelines you may be faced with substantial loss of earnings and potentially face a custodial prison sentence. It is therefore highly important that you have the correct information at your disposal that will help you towards a profitable investment.Anyone can sue these daysThere is a vast amount of information, financial aid and legal advice available to us these days where anyone can find a case for a ‘No Win No Fee’ claim. With such readily available access to the Web, tenants are more clued-up on their civil rights when renting a property. You may think that full knowledge of the following information is not something you need to know too much about because your property will be fully managed by an agent. Although many agents are very professional and experienced when it comes to any problems that may arise, there are no regulations as such that prohibit anyone from running a Letting Agency. It is therefore essential that you have full and up to date knowledge on your investment and can ensure that it is all fully above board.Choose the right agentIt is important to do your research. 99% of agents will not charge you to come out to your property and conduct a valuation so it is to your advantage if you make full use of this and call as many agents as you can within the location of your property. Once these agents are at your property it is easy to be caught up in their ‘chat’ and to be convinced that they are the right agent for you. Agents prefer to be the last of the group to see you and will probably ask you how many others you are seeing and when, and they may also try to find out how much the other agents have valued the property at.It is important to remain ambivalent throughout this stage and not to simply go with the agent that offers the highest valuation. Some agents may slightly over value the rental figure of your property in order to get you on board with them and if it then receives no interest from potential tenants they will discuss a price reduction (which may then be in line with what other agents originally suggested and would have found tenants for in a shorter space of time). Be attentive to the services that they offer for their fee and don’t be afraid to negotiate. You may decide to work long-term with the agent with more current properties or future investments, which surely qualifies you for a discount!Each agent should provide you with the following information:* The services they offer* Comparables of similar properties that have recently let* Health and Safety laws* Their fee* Their contract* A landlord pack* Their valuationIf you feel that the agent has come unprepared, this should immediately tell you that their ability to manage your property would not be much better. You may be duped into thinking that the agent who spends the most time with you is the better choice over the one who is direct and perhaps slightly more rushed. The one who spends the most time with you may be more desperate for the business than the one who is so busy because his/her business is booming. Though this is not necessarily always the case, your ability to assess the situation will enable you to decide what kind of agent they are.Do not make a decision until every agent as come and gone. Make sure they leave all the information that they discussed with you or send it to you when they have compiled a personalised valuation pack. This will allow you to look through each agent’s contracts in your own time. Although this can be time consuming and quite mundane, each contract will differ and it is important to highlight the services that you are looking for when going through them. For example, how long it will take for the money to reach your account – this should normally take no more than 7 days to transfer. If the contract specifies a longer period, or does not mention time frames at all, then this agent may intend to take longer in order to build up their own bank interest rather than ensure that you are able to pay the mortgage on time. This agent is clearly not working in your best interests.You also need to look for hidden charges in the contract, for example, there maybe a payment transfer charge or if there is a void period when the property is not tenanted, will you still be required to pay the agent a management fee for this period of time? Will any work to the property over £100 or so require your consent and is this stated in the contract? Will the agent provide the contractors? Will the agent charge an additional fee for overseeing any substantial work? It is important to check for yourself that the contractors who have quoted you actually exist, that the work that needs doing is genuine, and that the quote is in line with the work required.If the tenants decide to renew their contract, check to make sure the agent hasn’t sent you a contract charging you the same amount as they did when the tenants first moved in. The fee for renewal should be negotiated to about half the original amount. Make sure that you are being charged on a month-to-month basis for management fees and if the tenants have indicated that they would like to stay for several years negotiate a sliding scale of fees with the agent. It is important that you agree a set up with your agent that you are happy with because if you find yourself being over charged, it could be a long process trying to claw back your money as most agents have head offices with accounts departments and area managers, and so on, where these enquiries will be individually raised before the process of refunds begin.Check local newspapers for how effective you find their advertisements to be. Check their website and find out if they can be found on larger property search sites. Find out how large their database is, as some agents will have offices countrywide as well as networks with other agents up and down the country.Any problems?If you are unsatisfied with any aspect of the service you are receiving from your agent, do not give the office manager a chance to formulate their argument to their superiors: go straight to their head office and report your complaint to the Managing Director or the Operations Director. If the company is independent then the office manager is your first option. If persistence here fails, find out if the agency is a member of a governing body such as ARLA or NAEA. If they are not, try your local Trading Standards.Your ContractYour contract will specify all the terms and conditions that you will have agreed to with your agent. You will sign one contract where you and your agent will agree to the management terms of business, and you will also sign another with the tenant. This will then provide recorded evidence of the terms that have been agreed to, and if either party proves to be in breach of these at any point during the length of the contract, compensation can be claimed through the courts. It is important that both of these contracts are written and not verbal because if the landlord, for example, agrees to provide white goods for the tenants and then fails to do so, if this agreement is verbal and has not been recorded in the contract the landlord may still be liable to provide the promised items.Likewise, if the agent informs the tenants that these appliances will be provided, without confirming it with the landlord, the agent could be liable. It is therefore important to make the agent aware of what you will and will not supply with the tenancy, as some agents may falsely tell tenants otherwise in order to clinch a deal.Make sure all details of the contract are understood by you, the agent and the tenants so that there are no uncertainties.Tenancy AgreementsThis is the agreement between the landlord and the tenant.Protected Tenancies Rent Act 1997The dwelling must be let as a separate dwelling under section 1 of the Act. This tenancy rolls on from month to month giving the tenant the right to a fair rent.Protected Shorthold Tenancies Housing Act 1980The tenants have no right to possession of the property at the end of the fixed term and the landlord can call upon mandatory grounds for possession if he/she is not in breach of statutory requirements. The landlord cannot terminate the tenancy unless two months written notice is given.Assured TenancyThis gives the tenant the right to possession of the property even after the fixed term has ended. The tenant can only then be removed by a court order or if they leave voluntarily. This type of tenancy can only be brought to an end by the tenant or the courts.A tenancy granted to a company is not protected under the Housing Acts and so the advise of a solicitor is vital in terms of contracts. Make sure the contract refers to the company, that their registered UK address is valid, that each occupier is named and that it stipulates whether the company or the tenant is paying the rent.When a tenancy has gone beyond the fixed term it is referred to as a Periodical Tenancy. Two months notice must be given in order to serve notice, which must coincide with the end of a rental period. For example, if the rent is paid at the beginning of the month, then the notice must refer to the same day in two months time. However, if the rent is paid quarterly then the notice must be served for possession at the end of the quarter.Safety RegulationsGas Safety (Installation and Use) Regulations 1998Gas Emergency number – 0800 111 999The regulations place responsibility upon the landlord to ensure that all gas appliances, flues and associated pipe work are in a safe condition at all times.* Any work carried our on gas appliances and fittings must be done by a CORGI registered engineer* Room sealed appliances only can be installed in bathrooms* Any gas meter installed in a locked box must provide a key.* All installed appliances must come with instructions for the occupier of the property* The engineer must carry our tests on the appliances that they install or conduct work on.* If there is any escaped gas or CO, the occupier, agent or landlord must take steps to ensure this is minimised and to inform the gas company.All gas appliances and flues in rented accommodation must receive safety inspections every 12 months by a CORGI registered engineer. Certificates must be held in proof of this before any tenant occupies the property. If the 12-month period has lapsed during a void period, the inspections must be conducted before the tenant is scheduled to move in. However, if the tenant provides any appliances, which they will take with them upon departure, the landlord is not responsible for providing a safety inspection.The landlord must keep details of all safety inspections. These certificates must display the following:* Description of the appliance* Date and time of inspection* Address of the premises where the appliance is held* Name and address of landlord and agent* Any problems identified* Any work undertaken* Confirmation that the inspection complies with regulations* CORGI registration number and name of inspectorThe landlord must hold these records for 2 years. A copy of the certificates for each appliance must be given to every individual tenant before they move in. For example, if 3 tenants are moving in together, 3 of each certificate must be provided. If they occupy the property for longer than 12 months, or if the inspections are due during occupancy, the new certificates must again be given to all tenants within 28 days of the inspection.The responsibility of the above it solely that of the landlord. This duty cannot be placed upon the agent or the tenant. You can instruct your agent to organise the inspection on your behalf, although failure to provide up to date certificates will still fall upon the landlord. This can result in a £5,000 fine for non-compliance, although when injury or death occurs a custodial sentence can be enforced.Electrical Equipment (Safety) Regulations 1994Applicable to all electrical equipment with voltages between 50 and 1000 if alternating current or between voltages of 75 and 1500 if direct current.The landlord must ensure the safety of all person and animals occupying the property as well as those entering the property in accordance with the Consumer Protection Act 1987, as well as the above regulations. The regulations place responsibility upon the landlord to ensure that all electrical appliances work to a safe condition at all times.* Written instructions must be provided for all electrical appliances in the property* Proof of safety inspections must me provided to the agent and tenant before the tenants move in* All safety inspections must be carried out by an NIC electrician, preferably every 12 months.If an incident occurs due to the neglect of the above regulations the penalties are high. If there is a risk of a fire or an animal is injured the penalty is 3 months custodial sentence and/or £5000 fine, if a person is injured or killed the penalty is 6 months custodial sentence and/or £5000 fine. However, a conviction of manslaughter could also apply.The Furniture and Furnishings (Fire)(Safety) Regulations 1988Fire resistance for domestic upholstered furniture, furnishings and other upholstered products. All furniture must carry 2 labels showing that they have undergone and passed the match test and the cigarette test. This applies to: Beds, headboards, sofa-beds, mattresses, futons, nursery furniture, scatter cushions, seat pads, pillows, loose and stretch furniture coverings and garden furniture. These regulations do not apply to antique furniture, furniture made before 1950, bed clothes and duvets, pillow cases, carpets, curtains and sleeping bags.Fire proofing furnishings with sprays is not adequate and therefore will fail to comply with regulations. Fines and custodial sentences will apply if regulations are not met. It is the responsibility of the landlord to make sure every aspect of the property, inside and out, is safe and does not pose a danger in any way to tenants, animals or visitors.Tenant ReferencesIf you are not using an agent you will need to obtain references from the tenants, otherwise the agent will do this on your behalf. However, never ask the tenants to directly supply the references as they could realistically come from anywhere. Always write to these people yourself or contact the referees if references are given. What you do need to ask for are referees. Make sure you check these to make sure that they actually exist.* Previous Landlord – name, address and telephone number* Employment – name, address, telephone number of employer and department* Bank – name of account manager, address of bank, account number and sort code and telephone numberProblems?If the tenant has not rented before then it is a good idea to seek references from their doctor, dentist, solicitor or any other professional who can vouch for the trustworthiness of the tenant. If the tenant is entering into his/her first job then look for a referee from the school, college or university they have just left who will verify that the grades they achieved are true to the ones put forward to their employer. Also request confirmation from the employer that the tenants’ position is permanent and that the salary they will receive will cover the rent.If the tenant is about to start a new job, request details of their previous employer and new employer. Find out how long they were with the previous company and why they decided to leave and also if the employer would re-employ the tenant in the future. Again, request confirmation from the new employer that the tenants’ position is permanent and that the salary they will receive will cover the rent.The tenant should have a bank or building society account. If they tell you that they do not have one, how do they intend to pay their rent and how does their employer pay them their wage?If the tenant refuses to provide any of the above information then do not allow them to dupe you into believe their reasons for it.Can you Rent?Check the lease, as even if you own the freehold to the property there may be restrictions from renting. If you have a mortgage you must seek the approval of your mortgage company beforehand. Although they will often allow you to let the property, you may be required to pay an administration fee to have this information placed on their records. To avoid any further fee: a raising interest, for example, you might inform them that you have recently changed jobs and although you do not want to let go of the property, it is not close enough to your new employment.If any aspect of the information that you have given to the mortgage company changes, you are required to keep them updated. You also need to inform the companies that provide you contents and buildings insurance. Check that your insurers include third party cover (your tenants and anyone who enters the property). Insurers will only pay out for injuries if they have been informed that the property is being let.What Kind of Tenant do you want to Attract?You have a duty to your tenants to let the property in a clean and inhabitable condition. The cleaner the property and the better the conditions that it is in, the better the calibre of tenant you are likely to attract. If you demonstrate a keen interest in your property, your tenants are more likely to take care of it while they are living there. If you are looking to attract professions, then the condition of the property needs to reflect this. When the tenant leaves the property, it will stipulate in their contract that it must be professionally cleaned throughout to the standards of how it was when they moved in.Therefore if you decide to have the property cleaned by a professional company before it is let, then this will also apply to all tenants to do the same before the next tenants move in. In order for this to continue throughout tenancies, you will need to have a professional inventory prior to check in, and again at each check out. For example, if the inventory is thorough and at the time of check out there are stains on the carpet, this will be recognised by the inventory clerk and the cost of cleaning will be deducted from the deposit that was paid at the start of the let.Rent increase can be put forward by the landlord once every 12 months by notification of this intention in accordance with section 13 of the Housing Act 1988. However, the tenants can seek advise with regards to this will a fair rent board.Serving NoticeIt is important to name all tenants on the notice, or serve each individual with notice.This must include the name and address of tenants, name and address of the landlord, the address of the property, the date the notice is served and the date that possession is required. The notice must refer to the Housing Act 1988 section 21 (1) (b) or section 21 (4) (a).PossessionThe Housing Act of 1988 section 21 states that a minimum of 2 months notice must be served to the tenant and under section 98 of the amended Housing Act of 1996 this notice must be given in writing.Stamp DutyStamp Duty Land Tax does not affect lettings if rental income is less than £60,000 in total (since it was first let). If it does exceed this then it is the responsibility of the tenant to pay tax. </p>]]></content:encoded> <wfw:commentRss>https://dwaezms.info/the-investments-step-by-step-guide-to-letting-your-property-in-the-united-kingdom/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> <item> <title>Penalties for Operating, or Selling, a Residential, Unlicensed HMO Property</title> <link>https://dwaezms.info/penalties-for-operating-or-selling-a-residential-unlicensed-hmo-property/</link> <comments>https://dwaezms.info/penalties-for-operating-or-selling-a-residential-unlicensed-hmo-property/#comments</comments> <pubDate>Tue, 21 Mar 2023 12:50:05 +0000</pubDate> <dc:creator>admin</dc:creator> <category><![CDATA[Uncategorized]]></category> <category><![CDATA[entertainment]]></category> <guid isPermaLink="false">http://dwaezms.info/?p=80</guid> <description><![CDATA[In 2004, following widespread public outrage, at the manner in which many unscrupulous landlords were treating their tenants, who were all living in shared accommodation properties, the 2004 Housing Act was introduced. The objective of that Act was to introduce mandatory HMO (House of Multiple Occupancy) Certification, for all residential properties, with more than 4 [...]]]></description> <content:encoded><![CDATA[<p> In 2004, following widespread public outrage, at the manner in which many unscrupulous landlords were treating their tenants, who were all living in shared accommodation properties, the 2004 Housing Act was introduced. The objective of that Act was to introduce mandatory HMO (House of Multiple Occupancy) Certification, for all residential properties, with more than 4 rentable bedrooms, a Local Authority status of multiple tenancy, and where the tenants were from at least two separate households.In the following activity, this was no mistake. This was a deliberate criminal conspiracy, not just to get the borrower to unintentionally to enter a contract to purchase an unlicensed HMO, but also, by getting them to accept an illegal vendor gifted deposit ( proven by the SRA, in 2010, of being dishonestly concealed from the lender, not by the borrower, but by their conveyancer, not once, but in at least 452 occasions, this was used in an attempt to put all the blame on the borrower as being guilty of mortgage fraud.On top of that, the Mortgage Security Value (MSV), was, in many cases, proven from us seeing nearly 100 such MSV’s, done on a deliberate breach of contract by the borrower, against the lender, as having been fraudulently estimated on a commercial basis, which the lender, after seeing this MSV report, knowingly used as if it was the REAL MSV.When the lender, after many complaints from affected borrowers, eventually took successful legal action, in many cases, for professional negligence against both the valuer and the conveyancer involved, instead of writing off those fraudulent contracts, and including in their High Court claim, the cost returning those affected borrowers to the financial status they would have enjoyed had they not been deceived into entering a contract containing at least 1 false instrument, the lender accepted an arbitrary, out of court settlement, that they then used to reduce the alleged mortgage shortfall.But the real issue here, was the fact that in most cases, as most properties had more than 4 bedrooms, and a local authority status of multiple tenancy (proved by at least 90 fraudulent GMAC commercial valuations, presented to the lenders as if they were the real msv), these properties were sold, either fully tenanted, or with a vendor rental guarantee payable for up to 6 months, each of these properties, due to the 2004 Housing Act, without mandatory HMO certification, were not only illegally tenanted, they were also criminally sold to an unsuspecting landlord.From that point onwards, it would have been a criminal offence for a landlord, not only to manage such a property, but also to sell such an unlicensed HMO to another unsuspecting landlord.So how was it possible, in 2005, for a well-known property developer, with a Top 500 Law Firm acting as their Corporate Lawyer, to launch the following Business Model?The 2005 Business Model, based on selling hundreds of unlicensed HMO properties.The main features of this 2005 business model, were based on the following: -<br />Every property’s Mortgage Security Value (MSV) was to be estimated by an RICS-qualified surveyor.</p><p>Every property was sold with the benefit of a vendor gifted deposit.</p><p>Every property was sold, specifically for use as shared accommodation for student tenants.</p><p>Because of that, each property must have had a Local Authority status of multiple tenancy.</p><p>Every property was to have a landlord, selected by the seller, to install a full complement of tenants, prior to the sale, or a 6-month retail guarantee to be paid by the vendor.</p><p>As most properties had more than 4 rentable bedrooms, unless they had mandatory HMO Certification, they would have been classed as unlicensed HMO ‘s. </p><p>The Lenders were all selected by the vendor’s in-house Broker.</p><p>Before we analyse each of the above sales features, consider this.After the introduction of this 2004 Housing Act, all of these rogue landlords, at which the 2004 Act was aimed, would have found themselves between a rock and a hard place. They would either have to had pay to have their properties modified to meet the new HMO Certification standards, or to try and dispose of them, rapidly, in their unlicensed state.If a large property developer came along and offered to buy these portfolios of unlicensed HMO s, unless that property developer bought them, in full knowledge of their unlicensed state, that would have been a criminal act by the seller. In any event, if the buyer had cash, that would have been an opportunity to snap up those properties, at a very good price.Once purchased, unless the new owner made good, and got these properties up to HMO standards, it would have been a criminal act of the developer to sell these unlicensed HMO properties to unsuspecting other landlords/investors.Also, a number of large (20 to 40 unit or more “Cluster flats”) were purchased by this developer, most of which had more than 4 bedrooms, and as most were tenanted at time of acquisition, that acquisition would have been ILLEGAL. In most cases, all these units were then sold on, illegally, as unlicensed HMO s.Now let us analyse this Developer’s seven sales feature in more depth: -<br />MSV estimate. In at least 90 cases that we have in our possession, the MSV was done in breach of contract against the Lender’s specific instructions, which was to estimate the MSV, as if being sold with vacant possession, and with a Local Authority status of Owner Occupier. It was seen to have been done on a commercial basis, using anticipated rental income, and a Local Authority status of multiple tenancy. Furthermore, in the 90 or so MSV’s in our possession, the valuer added something similar to “If the anticipated rental income should fall, this will seriously affect the valuation we have estimated. Also, if this property were to revert to “Owner Occupier” status that would also affect our valuation.”</p><p>This commercial valuation was then substituted for the REAL MSV, presented to the lender, as if it was as requested.</p><p>As the Lender would have seen that MSV, prior to issuing their mortgage contract, they would have been aware that they actually lending 85% of the COMMERCIAL, and NOT the real MORTGAGE valuation. I believe that was an act of deception by the Lender.</p><p>Furthermore, as the lender would have seen evidence from the conveyancing file, that showed the property to be sold, was an unlicensed HMO, that was also a Criminal act by the lender.</p><p>Vendor Gifted Deposit. In the SRA’s three-year-long Disciplinarity Tribunal investigation into the most prolific of the 5 law firms selected by vendor, to act for the borrower, in 2010, that law firm was struck off, as they had been responsible for dishonestly concealing the Vendor gifted deposit from the lender, not once, but in 452 occasions.</p><p>This proven act of dishonesty by the buyer’s conveyancer, must have resulted in the Lender having to write off that mortgage, and pay the borrower any appropriate damages as result of the criminal actions.</p><p>Why did the SRA, in 2010, not pass on this information to the Financial Authority (FCA), who would then have forced the above action?</p><p>Why did the SRA, in 2010, not pass on this information to the Serious Fraud Office team, who were, from 2007 – 2010, also investigating the actions of this developer?</p><p>Why had a High Court, in a recent claim by a Lender, for a mortgage shortfall arising from the sale of a KNOWN unlicensed HMO, found the innocent borrower, guilty of mortgage fraud?</p><p>Sold for use as shared tenancy accommodation. From most conveyancing files, evidence of the property’s use as shared tenancy accommodation would have been seen. There can therefore be no blame of concealment placed against the borrower, as being responsible for concealing that fact from the lender.</p><p>Local Authority status of shared Multiple tenancy. Once again, from the 90 or so MSV’s in our possession, the Lender was fully aware that their lending terms did not permit that particular status, but still proceeded to issue their mortgage contract.</p><p>Tenanted prior to sale. Once again, in many cases, the Tenancy Agreement for multiple student tenants was present in the Conveyancing file. Why did the lender permit that breach of their own lending rules?</p><p>Tenanted in situ. This was probably the most deceitful act by MPUK. Prior to every property being sold, to be entitled to all the sales benefits on offer, each purchaser had to sign an agreement with MPUK, prior to sale, to allow MPUK to appoint a landlord, to both manage, and tenant, the property, including collecting, and holding, the deposit. This was usually either First City Rentals, or Rent-Me (both owned and controlled by MPUK). In a number of cases, either of these companies were actually the legal vendor.</p><p>This meant that the landlord/vendor was fully aware of the fact that the property was being used as shared tenant accommodation, and, if the property had more than 4 bedrooms, due to the 2004 Housing Act, would have required mandatory full HMO Certification. This would have been an illegal act on behalf of the landlord, as well as a criminal act to sell it in that state to another unsuspecting owner.</p><p>As in many cases, no promised renovation had taken place, and any extra bedrooms added in the loft and basement areas in the loft and basement, if done at all, were of such poor quality, the tenants would complain to their landlord. However, the landlord would ignore those complaints, and so, in many cases, the tenants would leave, and demand their deposit back. One such new owner, unaware of the actual physical state of this property he had purchase unknowingly, without HMO Certification, had a solicitor’s letter from one of the tenant’s parents, demanding the return of the deposit, which of course, landlord had kept.</p><p>However, due to many “legal” tenants leavening in this manner, due to these legitimate complaints being ignored, they were replaced, in many occasions, by asylum seekers, who paid very little rent, also had no respect for the property, and in many cases caused lots of damage. That act was also in breach of the lender’s condition.</p><p>Unlicensed HMO ‘s. As the 90 or so MSV reports in our possession, all show that all those properties, with more than 4 bedrooms, had a Local Authority status of multiple tenancy, and were therefore all sold illegally as unlicensed HMO ‘s. </p><p>Vendor Selection. Further to disproving that the borrowers were in any way involved with mortgage fraud, the lender was selected by the developer’s in-house Broker, as being suitable for the mortgage.</p><p>Now, in mid-2006, a well-known investigation firm, were requested by a Top 500 law firm, to examine the behaviour of this particular developer.Within 4 weeks, that independent organisation reported back to the law firm, and a number of borrowers, that” The investors had all become victims of a particularly vicious and clever fraud”.The question that must have been asked, but never was: “How was such a fraud able to be perpetrated, with so many Professionals involved?”Professionals Involved with the Vendor, in the initial sale.<br />The Property Developer, would have used the following Professionals:</p><p>A Corporate Lawyer, to monitor the Developer’s Corporate Governance.</p><p>Should they have agreed to let the developer to purchase unlicensed HMO properties? (Only if advice was given in writing as to the risks).</p><p>Should they have agreed to let the Valuer substitute a commercial valuation to the lender, as if it were the REAL MSV? (Both valuer and solicitor should have understood the true nature of the transaction.)</p><p>Should they have agreed to let the developer then sell on unlicensed HMO properties?</p><p>Should they have agreed to let the developer pay the borrowers’ deposits, in the form of a concealed Vendor Gifted Deposit? (Possible deception on the lender here.)</p><p>A Selling solicitor to implement the Developer’s business plans as detailed above.</p><p>Should they have agreed to let the developer purchase unlicensed HMO properties? (Actually, anyone can purchase it – it is the use that the property is then put to that may be a breach of law).</p><p>Should they have agreed to let the Valuer substitute a commercial valuation to the lender, as if it were the REAL MSV? NO!</p><p>Should they have agreed to let the developer then sell on unlicensed HMO properties? NO!</p><p>Should they have agreed to let the developer pay the borrowers’ deposits, in the form of a concealed Vendor Gifted Deposit? NO!</p><p>An RICS-accredited Surveyor.</p><p>Would the Vendor’s Corporate Lawyer, and the Vendor’s selling solicitor, permit a Commercial valuation to be presented to the Lenders, in place of the REAL MSV? (Likely deception on the Lender unless the Lender was party to the real nature of the proposal.)</p><p>Professionals Involved with the Lender, in the original sale.<br />A Corporate Lawyer, to monitor the Lender’s Corporate Governance</p><p>Should they have agreed to let the lender lend against unlicensed HMO properties? No!</p><p>Should they have agreed to let the Valuer substitute a commercial valuation to the lender, as if it were the REAL MSV? No!</p><p>Should they have agreed to let the developer pay the borrowers’ deposits, in the form of a concealed Vendor Gifted Deposit? No!</p><p>Professionals involved in any Mortgage Shortfall Claim.<br />A Lawyer acting for the Lender/Claimant, in any Mortgage shortfall Claim.</p><p>If that lawyer played a role in the original deceptions (of which we have several examples), there can be no legal reason for that Law firm to be legally allowed to participate in any mortgage shortfall debt chasing process. Surely it was the SRA’s role to investigate.</p><p>A lawyer acting for the defendant, in any Mortgage shortfall Claim, must treat seriously, any complaint raised by the borrower. In many instances, all the above issues had been disregarded by those lawyers.</p><p>Any lawyer, taking successful legal action against a Professional (such as a fraudulent valuation, (following the SRA’s successful claim of dishonesty against a conveyancer dishonestly concealing hundreds of illegal vendors gifted deposit), must ALWAYS take into account, any criminal loss or damage caused to the borrower. (Although this is a matter for the Court to assess).</p><p>Any lawyer, acting for a Claimant, must consider the criminal issues noted above. </p><p>Even though Buy to Let (BTL) mortgages were never regulated to the same strict level as residential mortgages, and not actually regulated by the Financial Services Authority (FCA), as such, neither the FCA nor the Financial Ombudsman Service (FOS), had no protocol to handle any btl-based complaints by consumer. However, every time a complaint was made to a lender, the lender would always send an FOS complaint form out.</p><p>With all the weight of the above, by what legal right did the Department of Public Prosecutions (DPP) in late 2010, force a three year long joint Police/SFO fraud investigation against just one particular developer, where at least a dozen valuers were arrested, to be closed, with immediate effect allegedly due to “Lack of Evidence”.<br />Although btl mortgages were not regulated by the FCA, in the same manner as a Residential Mortgage, if any CRIMINAL Activity was used by any professional, or the lender, as well as making any btl mortgage NULL and Void, that must have been dealt with by the police/SFO.Conclusion.The above illegal activities took place in relation to just one property developer, in which the SRA have identified 452 occasions where dishonesty had been proven. They also hold a list of some 600 other properties, financed by just one lender, who, on seeing the SRA 2010 Tribunal Report, immediately successfully sued one particular conveyancer, for mortgage mis-selling.Instead of paying anything out in damages to any of those deceived borrowers, not only did they come to a private, out of court settlement, wrote off all 600 mortgages, but never told any borrower for many years. Where there has been fraudulent concealment time does not run.What this must have meant, was that any property, that was sold to an unsuspecting landlord, as an unlicenced HMO, must have been a criminal act.As that was the case, then no property sales contract, nor any mortgage contract used to finance that purchase, would have been legally valid. From that, the following acts would have been illegal: -<br />The contract of sale by the vendor, to the buyer of the property would have been fraudulent.</p><p>The mortgage contract associated with that purchase, must have been declared Null and Void, and therefore unenforceable.</p><p>No lender would have had the right to charge interest payments against the mortgage.</p><p>Any County Court Order for repossession, by the Lender, would have been unenforceable, and an act of THEFT by Lender.</p><p>Any High Court Order for a Mortgage shortfall Claim by any Lender would have been unenforceable, and an act of THEFT by Lender against the borrower</p><p>There would be no excuse by any High Court, Property Division, not to have been aware of the implications of the 2004 Housing Act. The only way that could have been achieved, was if evidence had been concealed, or interfered with, from the Court.</p><p>There can also have been no legal excuse, for the DPP, in 2010, to close down a 3-year long SFO fraud investigation into this situation, where at least 10 valuers were arrested, with immediate effect, due, allegedly, to “Lack of Evidence”. After all, just one property sold as an Unlicenced HMO, was a criminal Act, let alone unknown hundreds of such criminal transactions.<br />Actions against potentially dishonest solicitors, financial advisors, mortgage lenders themselves, all need to be investigated.Also, despite a number of requests, the SRA have refused to disclose:<br />A copy of the list of 452 properties, (where, in 2010, the SRA had proven dishonesty by a conveyancer, Watson & Brown, selected by the developer to act for the buyers – an appointment that should have been censored by the SRA due to the potential conflict of interest that caused).</p><p>A copy of the list of 600 properties, presented to the SRA by GMAC, during the SRA 2007-2010 Disciplinary Tribunal investigation into the above conveyancer firm, (where Shoosmiths, on GMACs behalf, issued a successful High Court action against the indemnity insurers of Watson & Brown, for mortgage mis selling (proving all the above 452 mortgages must also have been mis sold). As a result of that High Court action, GMAC received an undisclosed out-of-court settlement, GMAC then wrote off all 600 mortgages but bever informed the borrowers of that, nor did GMAC offer any compensation for the mis sold mortgages.</p><p>This successful High Court action by GMAC, must also have proven that all those 452 mortgage contracts, issued under the supervision of Watson & Brown, were mis sold Therefore, any future High Court action for a mortgage shortfall, by any lender, against any borrower, where Watson & Brown were the buyer’s conveyancer, must have had no legal right to do so. Also, as any mortgage contract, that was proven mis sold, it must be the lender’s responsibility to meet the borrowers’ losses.</p><p>Now, to achieve such a manipulation of evidence within our Legal System, can only have been possible, if there was a criminal conspiracy in place, to conceal the above situation.This conspiracy must have included the following: -<br />The Vendor</p><p>The Vendor’s Corporate lawyers.</p><p>The Vendor’s selling lawyers.</p><p>The Buyer’s conveyancer.</p><p>The RICS qualified Valuer</p><p>The Valuer firm’s corporate lawyers.</p><p>The Lender</p><p>The Lenders selling solicitor.</p><p>The Lender’s Corporate lawyers</p><p>Every law firm used to enforce any mortgage shortfall or repossession order,</p><p>Every law firm putting forward a defence for one or group of investors, for the Tort of being criminally sold an unlicenced HMO.</p><p>The SRA, for failing to regulate the law firm involved, and for failing to report its findings in regard to the sale of unlicenced HMO’s.</p><p>The FCA, for failing to regulate the lender firm involved, and for failing to report its findings in regard to the sale of unlicenced HMO ‘s,</p><p>The DPP, for failing in their duty to recognise the above issues, the majority of sales based on CRIMINAL ACTIVITIES, would have had more than sufficient evidence to proceed to prosecution. (Unless the Government of the Day had some influence here… ?)</p><p>To add insult to injury, with one particular Lender, within a few months of issuing what has now been proven to have been a Voidable Mortgage Contract, they would sell, by securitisation, that voidable mortgage contract to a second Lender. Sometime later, that second Lender, after repossessing the property, would take out a High Court Writ, for the alleged mortgage shortfall on that void mortgage contract. </p><p>Another point that must be considered here, is that, back in 2007, two legal Regulators became involved in investigating this crime, the Solicitors Regulatory Authority (SRA), and a joint West York’s Police Serious Financial Crime Unit, and the Serious Fraud OfficeAs soon as the SRA started their Disciplinary Tribunal investigation into the affairs of the main buyer’s conveyancer firm, back in 2007, there can have been no excuse for the SRA not to have been fully aware of the criminal implications of the 2004 Housing Act, and from the numerous victim statements taken back then, why did they not investigate breaches of that Act?Similarly, with the SFO fraud investigation, also started in 2007, why did they not investigate the illegal management and sale, of unlicenced HMO properties? However, during their investigations, a number of valuers were arrested (on what basis we do not know).What we do know, was that in 2010, shortly after the SRA published their Disciplinary Tribunal Report on one conveyancer firm, Watson & Brown, for dishonestly concealing from the lender, the presence of an illegal vendor gifted deposit, in at least 452 mortgage contracts, the Department of Public Prosecutions (DPP), ordered the whole SFO Fraud investigation to be closed down, with immediate effect, due, allegedly to “Lack of Evidence”.Surely, the only way to establish a “Level Playing Field of Justice” for the Borrowers, is to establish a government- sponsored Class Action.If you believe you have fallen victim of a similar deception, please send a copy of this article, with details of your particular property or properties, to the following organisations.<br />Your Member of Parliament.</p><p>Action Fraud.</p><p>Your Lender.</p><p>If you have been sued in a High Court by your Lender, send that High Court a copy.</p><p>Copy me in on any documents, so if we manage to get a Class Action going, you can be included.</p>]]></content:encoded> <wfw:commentRss>https://dwaezms.info/penalties-for-operating-or-selling-a-residential-unlicensed-hmo-property/feed/</wfw:commentRss> <slash:comments>0</slash:comments> </item> </channel></rss> If you would like to create a banner that links to this page (i.e. this validation result), do the following:
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