Response 536039098

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Introduction

5. Please indicate if you are providing a response:

Please select one item
Radio button: Ticked As an individual
Radio button: Unticked On behalf of an organisation or business

Policy Objectives of the Bill

6. Do you think that the Bill will meet its overall policy objectives as above?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked In Part
Please elaborate
The evidence is there. Disagree this is not overall objectives as landlords are stripped of all duty of care protection by the vice grip controlling solicitors in 2016 stopping all due processes and PSNI FRAUD investigations – There should be 2 levels: the landlords’ legal best-practice top-down plan and the Communities reversed bottom-up secondary legislation. The landlords are illegally being put in danger of stinking mindsets and of loosing their money’ mental health risk, traumas, PTSD

1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and used by all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

Management wise, Summary with contract law and best-practices top-down plan fulcrum needed for the duty of care:
1) The system 100% illegal as there is no comeback, arbitration in 2-opinion for reasonable skill and care in a system’s failure with solicitors and rogue letting agents
2) All contracts/advices can go wrong 50% in practice as per Minister’s unregulated letting agents


Where is the system of contract law, best-practices top-down REJECTION plan and needed for landlord protection -- When the application of experience, knowledge and diligence is not enough to solve a problem -- you also have to use judgement in the God-wise 'reasonable skill and care' 2 -opinion solicitors’ test in collapsed negotiations in 2 test cases with attempted 100% money crawl back is say 50% of cases failures? I regret these are secondary policy Objectives viewed from a bottom-up prospective, which smashes landlords and illegal. The best-practice plan must be viewed landlord best-practice top-down fulcrum REJECTION plan not secondary legislation bottom-up, which cannot be constructed. You need both a landlord’s happy marriage between the system of comparable contract law, best-practices for the duty of care along with the Communities’ bottom-up secondary legislation to satisfy PII insurances in the reasonable ‘skill and care’ in the Bolam test et al, 2-opinions used by all professions – go to the relevant contract law (Ice’s Conditions of contract, FIDIC, JCT) as used by DFI’s Roads contracts spelled out happy marriage and best-practice top-down plan

The comparable contract law used in say DFI's Roads --system of contract law, best-practices is needed for the duty of care, otherwise any Minister’s letting agent agreements collapses. Where is the landlords and tenants policy protection when things go wrong 50% of the time?

Tenants and landlords must have best-practice ‘top-down’ plan in a happy marriage between the system of contract law, best-practices for the duty of care along with the Communities bottom-up un-constructable secondary legislation in the solicitor letting agent smashing business as tested in 2 cases

7. If you foresee any unintended consequences of any of the policy objectives of the Bill please describe them here.

List any any unintended consequences of any of the policy objectives of the Bill you foresee.
Yes claims by landlords for FRAUD, the system’s post 2016 in 2 cases as evidence craziness does not comply with the Statutory Implied terms in letting agents Code of practices from Communities' failure to REJECT in the abuse and blame landlords saga. The best-practice top down plan used in contract law as used in DFI’s fair contract spelled out best-practice top-down REJECTION plan – happy marriage with the contract law, best-practices needed for the tenants and landlords duty of care. Exploited by the vice-grip solicitors and the Ministers unregulated letting agents in disguise. Refusal to reply under FOI, distrust with garabge garbage out [DFI’s Roads happy marriage and the Communities reversed upside down plan -- refusal in law to treat landlords fairly with the Claim in the duty of care, breach of contract]

Management wise, Summary with contract law and best-practices needed for the duty of care:
1) The system 100% illegal as there is no comeback, arbitration in 2-opinion for reasonable skill and care in a system’s failure with solicitors and rogue letting agents
2) All contracts/advices can go wrong 50% in practice as per Minister’s unregulated letting agents

http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases


The best-practice top-down REJECTION fulcrum plan cannot be constructed. Yes, the Government's 'U' secondary legislation Policy has been tested in 2 cases and found to be a 100% scam used to smash landlords, because of the missing 'duty of care' for tenants and landlords. This was tested by about 10, 2-opinion solicitors. The best-practice 'U'-turn secondary legislation plan does not have a beginning or an end with the consequent collapses and trapped Customers in unfairness, banned and dishonest mistreatment of customers in law. The vice-grip solicitors did a 'U'-turn secondary legislation and since REFUSED to order a PSNI FRAUD investigation on the Minister's unregulated letting agents in disguise. The whole system refuses to clarify the bottom-up secondary legislation as noted that a letting agent's reply we follow the Letting agents' bottom-up code of practice -- not the God-wise top-down fair contracts happy marriage needed in the duty of care. From experience there will be no change as the 'U'-turn secondary legislation ‘null and voids’ all agreements unless it is FIXed making landlords guilty for the system and letting agents and all losses. Show us the PII insurance companies feed back with the missing top-down REJECTION fulcrum plan and the contracts law’s reimbursement of losses under the Statuary Implied Contract null and voided by the Communities big, big ''U'-turn secondary legislation MISTAKE in favour of the vice-grip solicitors and the 50% uncontrollable letting agent service providers in teh duty of care. The statutory implied law overrides the 'u'-turn secondary legislation

Theme 2: Rental Payments and Rental Deposits: Clauses 3, 4, 5, 6 and 7

12. On Clause 3: Do you feel that the clause offers sufficient protection to tenants with regard to the provision of receipts for cash payments?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Other
Please elaborate
No comments apart from there must be a system of contract law as used in DFI's roads contracts happy marriage between the system of contract law, best-practices for the duty of care to prevent abuses and blame dumping by Communities, solicitors and Letting agents in 50% of cases in practice

13. On Clause 3: In your experience what, if any, particular types of tenants pay their rent in cash?

Clause 3: what, if any, particular types of tenants pay their rent in cash?
Ones, who miss deadlines, not set-up, ackward

14. On Clause 3: Please provide any suggestions in respect of how tenants can be made aware of their right to be provided with a rent receipt for payments in cash.

Clause 3: Suggestions in respect of how tenants can be made aware of their right to be provided with a rent receipt for payments in cash
The bank authomatically provides online statements

15. On Clause 3: Please tell us how robust you consider the mechanisms currently in place for tenants to complain, should their landlord or agent refuse to issue a receipt for a cash payment.

Clause 3: how robust you consider mechanisms currently in place for tenants to complain, should their landlord or agent refuse to issue a receipt for a cash payment?
Most, landlords will respond in email when asked

16. On Clause 4: How appropriate do you consider the limit of no more than 1 month’s rent on the amount of deposit that is required in connection with a private tenancy?

Clause 4: How appropriate is a limit of no more than 1 month’s rent
This is not an issue. The issue is can the landlord build a managemeent wise Statutory implied law best-practice top-down REJECTION plan fulcrum

17. On Clause 4: Please provide any further comment on the affordability of tenancy deposits.

Clause 4 - Any further comment on the affordability of tenancy deposits.
Not an issue

18. On Clause 4: The Bill restricts Deposits to one month’s rent. There is no specified restriction to limit the amount of rent in advance required. Please express any views you may hold in that regard.

Clause 4: Please express any views you may hold regarding rent paid in advance.
This is not an issue. The issue is can the landlord build a management wise Statutory implied law best-practice top-down REJECTION plan fulcrum

19. On Clause 5: Do you feel that extending the time limits outlined in this clause are sufficient and necessary?

Please elaborate
unreasonable

20. On Clause 6: Are you in favour of there being no time barrier on prosecuting a person who fails to comply with the set requirements of the amended Article?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Other
Please elaborate
The Policies Management wise, Summary with contract law and best-practices top-down plan needed for the duty of care breaches the statutory laws '' reasonable skill and care and Bolam test for all professionals :
1) The system 100% illegal as there is no comeback, arbitration in 2-opinion for reasonable skill and care in a system’s failure with solicitors and rogue letting agents
2) All contracts/advices can go wrong 50% in practice as per Minister’s unregulated letting agents

21. On Clause 7: The Bill provides for restrictions on the frequency of rent increases (to any private tenancy except a controlled tenancy). What is your view on these restrictions?

Clause 7: What is your view on restrictions on the frequency of rent increases
Should depend on market forces

22. On Clause 7: What are your views on a rent increase only taking effect if a landlord gives the tenant a written notice that complies with certain requirements?

Clause 7: your views on a rent increase only taking effect if a landlord gives the tenant a written notice that complies with certain requirements?
Don't understand

23. On Clause 7: Do you feel it is appropriate that the Department will be given the power to specify circumstances in which the restrictions on rent increases will not apply (for example, if house is renovated/extended)?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Other
Please Elaborate
Tenancy agreement interference

24. On Clause 7: Are there any other comments you wish to make in respect of rent, rent deposits and affordability?

C7: Are there any other comments you wish to make in respect of rent, rent deposits and affordability?
Should be proper tenant vetting at the outset by referencing agencies

Theme 3: Property Management Standards: Clauses 8, 9 and 10

25. On Clause 8: In your view will this clause meet its stated aim of reducing the risk of injury or death caused by fire, smoke and carbon monoxide in private tenancies?

Please select one item
Radio button: Unticked Yes
Radio button: Unticked No
Radio button: Ticked Other
Please elaborate
Don't know

26. Clause 8 gives the Department the power to set minimum standards for the purpose of determining whether the duties of this clause have been complied with. What is your view on this?

Please elaborate
All contract/agreements must show fair tradaing by Communities, Solicites/service providers
1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

27. On Clause 8: The clause refers to the landlord’s ‘knowledge of disrepair’. What is your view of this provision?

Clause 8: your view of provision re the landlord’s ‘knowledge of disrepair’
All contract/agreements must show fair trading by Communities, Solicites/service providers
1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

28. On Clause 8: In respect of tenancies granted before this clause comes into operation – the requirements and duties of the clause only apply from a date in the future to be prescribed by the Department in regulations. What is your view on this provision?

Clause 8 - Your views on clause comes into operation – the requirements and duties of the clause only apply from a date in the future
Comply with the Statutory implied law, reasonable skill and care, PII and Bolam test el al

29. Are there any other comments you wish to make on Clause 8? (For example, good practice from other jurisdictions; need for support for tenants and landlords to understand their duties; mechanisms to allow tenants to complain if the duties are not fulfilled).

Clause 8: Any other comments
All contract/agreements must show fair trading by Communities, Solicites/service providers
1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

30. What is your view on Clause 9, which introduces Schedule 2 and will enable the Department to make regulations concerning the energy efficiency of dwelling houses let under a private tenancy?

Clause 9: Your view on this clause which introduces Schedule 2 and will enable the Department to make regulations concerning the energy efficiency of dwelling houses let under a private tenancy?
The Statutory Implied law's best-practice top-down plan overrides Communities, solicitors vice grip in 2016 and service providers in negligence cases with the failure to settle the landlords claims

31. On Clause 9: In your view does this clause and related schedule future-proof the legislation sufficiently with regard to energy performance certificates (EPC)?

Please select one item
Radio button: Unticked Yes
Radio button: Ticked No
Radio button: Unticked Other
Please elaborate
The Statutory Implied law's best-practice top-down plan overrides Communities, solicitors vice grip in 2016 and service providers in negligence cases with the failure to settle the landlords claim. Only can assess fairly from a system of contract law, best-practice top-down prospective

32. On Clause 9: Please share any thoughts you have on what minimum EPC banding should be applied. Are there any examples of good practice from other jurisdictions you would wish to highlight?

Clause 9: Share any thoughts you have on what minimum EPC banding should be applied. Any examples of good practice from other jurisdictions?

The Statutory Implied law's best-practice top-down plan overrides Communities, solicitors vice grip in 2016 and service providers in negligence cases with the failure to settle the landlords claim. Only can assess fairly from a system of contract law, best-practice top-down prospective

33. On Clause 10: Please give us your views on this clause which introduces Schedule 3 and enables the Department to make regulations concerning electrical safety standards in private tenancies.

Clause 10: Please give us your views on this clause.
The Statutory Implied law's best-practice top-down plan overrides Communities, solicitors vice grip in 2016 and service providers in negligence cases with the failure to settle the landlords. Only can assess fairly from a system of contract law, best-practice top-down prospective

34. On Clause 10: Please give us any thoughts you may have on how compliance with the standards should be monitored and enforced.

Clause 10: Your thoughts on how compliance with the standards should be monitored and enforced?
The Statutory Implied law's best-practice top-down plan overrides Communities, solicitors vice grip in 2016 and service providers in negligence cases with the failure to settle the landlords claim. Only can assess fairly from a system of contract law, best-practice top-down prospective. The Communities bottom-up 'U'-turn secondary legislation is illegal with teh overiding Statutory law with the failure to settle landlords' claims in a toe-toe with the letting agents in disguise

1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

35. On Clause 10: Please share any further comments on property standards/property fitness in the private rented sector.

Clause 10: Please share any further comments on property standards/property fitness in the private rented sector.
The Statutory Implied law's best-practice top-down plan overrides Communities, solicitors, regulators vice grip in 2016 and service providers in negligence cases with the failure to settle the landlords. Only can assess fairly from a system of contract law, best-practice top-down prospective The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

Views on Offences. Any other Comments

41. Do you have any views or comments on the offences and penalties created by the Bill?.

Any views or comments on the offences and penalties created by the Bill?
The evidence is there. Disagree this is not overall objectives as landlords are stripped of all duty of care protection by the vice grip controlling solicitors in 2016 stopping all due processes and PSNI FRAUD investigations – There should be 2 levels: the landlords’ legal best-practice top-down plan and the Communities reversed bottom-up secondary legislation. The landlords are illegally being put in danger of stinking mindsets and of loosing their money’ mental health risk, traumas, PTSD

1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

Management wise, Summary with contract law and best-practices needed for the duty of care:
1) The system 100% illegal as there is no comeback, arbitration in 2-opinion for reasonable skill and care in a system’s failure with solicitors and rogue letting agents
2) All contracts/advices can go wrong 50% in practice as per Minister’s unregulated letting agents


42. Please share with us any other views or comments you wish to make in connection with the Bill.

Share with us any other views or comments you wish to make in connection with the Bill
Management-wise, the best-practice top-plan REJECTION plan must in staturory Implied terms must always be written as top-down REJECTION fulcrum and written as in contract law as used by DFI' Roads contract and 30day senior engineer's FIX with happy marriage between the system of contract law, best-practices for the duty of care with Communities, regulators solicitors 'U'-turn secondary legislation -- with arbitration. With the 2 test cases, the 'U'-turn regulators pointed out poor practices by the letting agents in disguise and the vice grip solicitors forcingthe hugh bills onto the landlords whilst the service providers gave the fingers up in unfairness, banned and dishonest mistreatments of the customers

The evidence is there. Disagree this is not overall objectives as landlords are stripped of all duty of care protection by the vice grip controlling solicitors in 2016 stopping all due processes and PSNI FRAUD investigations – There should be 2 levels: the landlords’ legal best-practice top-down plan and the Communities reversed bottom-up secondary legislation. The landlords are illegally being put in danger of stinking mindsets and of loosing their money’ mental health risk, traumas, PTSD

1) http://www.e-lawresources.co.uk/Statutory-implied-terms.php
“Statutory implied terms - The Consumer Rights Act 2015, Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982”.
God-wise implied statute law ‘reasonable skill and care’ & Bolam test et al For PII and all professions. Reply: “I would say the law is automatic and overrides the code of letting agent’s practice if they act poorly when carrying out their service. “The remedies available to you if the service is not carried out properly would be a refund (up to 100%), or repeat performance as long as that would not be impossible, wouldn't greatly inconvenience you and as long as it is done within a reasonable timeframe. You could sue for breach of contract / breach of the Consumer law and also negligence if the standard fell well short of what a reasonably competent agency would normally do”. The secondary legislation bottom-up Policy is not legal until you have a happy marriage between the system of contract law, best-practices for duty of care with Communities reversed bottom-up legislation. Where is the duty of care in 2 test cases

Management wise, Summary with contract law and best-practices needed for the duty of care:
1) The system 100% illegal as there is no comeback, arbitration in 2-opinion for reasonable skill and care in a system’s failure with solicitors and rogue letting agents
2) All contracts/advices can go wrong 50% in practice as per Minister’s unregulated letting agents