clemens van Alexadrië


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Dankzij die stem zal “de onvruchtbare en eenzame vrouw nooit meer zonder kinderen zijn” (Jes 54,1). Deze zwangerschap werd verkondigd door de stem van de engel; die stem was, evenals Johannes in de eenzaamheid van de woestijn, ook een voorloper van de Heer; deze stem van de engel bracht het goede nieuws aan de vrouw die niet gebaard had (Lc 1,19). Door deze stem van het Woord baart de onvruchtbare vrouw in vreugde en draagt de woestijn vruchten. Deze twee stemmen van de voorlopers van de Heer, van de engel en van Johannes, vertellen me het verborgen heil in hen, zodat na de verschijning van het Woord, wij de vrucht van vruchtbaarheid plukken: het eeuwig leven.

www.dagelijksevangelie.org

 

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Zacheuszondag


 

 

 Welkom op mijn blog met informatie over de

Orthodoxie. Teksten, bezinningen, theologie

Foto’s……….

 

Gezangen uitgevoerd door het koor van de orthodoxe kerk van Gent

 olv. Paul Morreel

 

 

 

 

  De teksten van  de gezangen kunnen teruggevonden worden in de rechter kolom 

start nummer één en ga dan naar de tekst in de rechterkolom.

 

INHOUD VAN MIJN BLOG   (klik)

Om gemakkelijk te vinden wat je zoekt !!

 

 

Send a Painter to Bonnie Scotland!



Highlands Cottage, 12×16 Oil
Studio painting based on a plein air sketch I made during my 2016 trip to Scotland.

This June, I’m joining several other painters in Scotland in a painting retreat.  The retreat will be based on the Isle of Skye, but when it ends, Trina and I will wander up to Inverness and beyond, ultimately making our way to the Orkney Islands.  Would you like to help me get there?  If so, read on!

For me, the trip is more than just about painting.  It’s about family, too.  I learned not too long ago that I have roots in Scotland on both sides of my family.  From my father’s line, I have the Bains.  Hugh Bain was born in 1764 in Inverness, but left Scotland to settle in North Carolina and die there in 1810.  From my mother’s line, we have the Harcrows—or the Halcros, as they are called in the Orkneys.  Magnus Halcro was born in Orphir on the Orkney Islands in 1729.  I know a little more about his arrival in America.  With his wife, Elizabeth, and son, Hugh, he emigrated to Savannah, Georgia, on the Marlborough, under master George Prissick, in September 1774.  He worked some years as an indentured servant for a wealthy landowner before dying in Franklin, Georgia, in 1789.

All this is very interesting to me, but perhaps not to you, my reader.  The initial point of the Scotland trip wasn’t to research family—I learned all this family history after I’d made plans—but to paint the Scottish landscape.  So I’m very excited to be spending two weeks in Scotland, roaming about with a painter’s eye.

So here’s an opportunity for you:  you can both support my trip and get a very nice painting of Scotland!  When I return from the trip, I’ll start working on a series of 6×8 oil paintings on the Scottish theme.  These will be only $200, including frame and shipping to the continental US.  First come, first choice on these, but I get to select the subject and scene.  Or, if you’d prefer something larger (9×12, 12×16, 12×24 or even bigger), I will do a custom scene, so long as it is of a place I visited on the trip.  (I’ll be posting my itinerary at a future date.)  Let me know, and we can discuss size and subject.   Castles, moors,  crashing waves or sheep—it can be yours!  (You can see one of my paintings from the 2016 Scotland trip above.)

To get one of the 6×8 paintings or a custom size/subject, you must reserve in advance.  My goal will be to paint all of these pieces before the end of 2018.  For the 6x8s, I will post images of the work on my web site and notify patrons in chronological order.  So, for example, if you paid first, you get first pick.  For the custom paintings, of course, you will have your very own painting that you commissioned.

Help me get to the Orkney Islands (and back again!) If you’d like to help, below is a PayPal button to reserve one (or more–just change the quantity) of the 6×8 paintings.  I’ll let you know what number you are on the list!  If you’d like a custom painting, contact me here.  Thank you so very much!  You won’t be disappointed and you’ll be supporting one of your favorite artists.

Some scenes from my 2016 trip:



















Michael Chesley Johnson, AIS PSA MPAC PSNM
www.MChesleyJohnson.com

heiligenleven : de heilige Odo


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Odo van Cluny


 

 

 Welkom op mijn blog met informatie over de

Orthodoxie. Teksten, bezinningen, theologie

Foto’s……….

 

Gezangen uitgevoerd door het koor van de orthodoxe kerk van Gent

 olv. Paul Morreel

 

 

 

 

  De teksten van  de gezangen kunnen teruggevonden worden in de rechter kolom 

start nummer één en ga dan naar de tekst in de rechterkolom.

 

INHOUD VAN MIJN BLOG   (klik)

Om gemakkelijk te vinden wat je zoekt !!

 

 

Jordanstown Art Club | Annual Exhibition at the Flax Gallery, Museum at the Mill


18 January to 24 February 2018

Jordanstown Art Club has been successfully running for over 30 years. The club comprises keen amateur artists living in Newtownabbey and its neighbouring areas who meet to paint together and share their skills and techniques.

The club produces traditional landscapes, seascapes, and still life along with the more modern acrylics, oils, pastels, watercolours and mixed media paintings. Always striving to improve and innovate, members are encouraged by monthly demonstrations given by professional artists and workshops where they can expand their knowledge of the arts.

For more information, visit here: antrimandnewtownabbey.gov.uk

Museum at The Mill
Mossley Mill,
Carnmoney Rd N,
Glengormley,
Newtownabbey
BT36 5QA
T: +44 28 9034 0129

Sysco Leasing Software and Enterprise Ireland to attend Aviation Festival Asia 2018, Singapore


Sysco Leasing Software in collaboration with Enterprise Ireland, will attend the prestigious Aviation Festival Asia event which showcases the aviation industries best-in-class business solutions, technology and innovation at the Suntec Singapore Convention & Exhibition Centre, Singapore on the 27th – 28th February 2018.

The Aviation Festival Asia is the region’s largest and most prestigious aviation trade event with senior airline and airport executives expected to make their appearances as guest speakers and panellists at the 2-day trade show & conference.

During the conference delegates across the aviation industry are invited to meet and interact with the Sysco Leasing Software team and learn how airlines and aircraft leasing companies in the aviation industry can benefit from a complete aircraft leasing management solution built upon Microsoft Dynamics.


In Collaboration With


What is Sysco Lease Management Software?

Sysco Lease Management Software is a full-featured aircraft lease management solution built upon a secure, cloud managed system. It empowers aircraft lessors’ deal management, lease management, asset management, fund management, profit management and reports management within Microsoft Dynamics 365.

Sysco Lease Management Software provides real-time business intelligence across all lessor teams including legal, risk, sales and operations. Sysco’s solution enables lessor teams to communicate and collaborate on deals and leases anywhere in the world – from any device.

Leasing Software modules include:

Deal Manager: Manage Deals from the initial tender to the LOI to the execution.

Lease Manager: Manage all aspects of the lease from initial negotiation to completion and future redelivery.

Asset Manager: Manage all company assets with integration to the general ledger.

Fund Manager: Manage fund life cycles from set-up to rate escalations, hour cycle adjustment and maintenance claims.

Profit Manager: Manage the purchase of new assets and the redelivery of second and future leases.

Reports Manager: Real-time reports that provide financial forecasts enabling decision making.

For Additional Information

Visit http://www.sysco-software.com/leasing for more information contact:

UK – David Reid +44 28 9050 8550, dreid@sysco-software.com


The post Sysco Leasing Software and Enterprise Ireland to attend Aviation Festival Asia 2018, Singapore appeared first on Sysco Software Solutions.

Grand Canyon Celebration of Art – 10th Annual in 2018



Sunrise, Grand Canyon

This week, I’m lost.  I’m wandering the rim of a vast canyon, taking any trail that offers the least promise of finding a special place.  But I’m not outfitted with hiking boots and water bottle; instead, my gear consist of computer and sketchpad.  I’m exploring Grand Canyon in a virtual way from my studio, sorting through all my past paintings and photographs and making little sketches, seeking inspiration for an important painting.

As you might remember, I’ve been invited back to participate in the Grand Canyon Celebration of Art this fall.  For the event, I need to create a studio painting that will go in the catalog and be exhibited along with my plein air paintings at the show.  The task of creating a painting that is 1) different from everyone else’s so it stands out and yet 2) traditional enough that it will attract a buyer is a real challenge, considering the high caliber of artists invited each year.   During a time like this, I take many walks.  I find that a long, solitary hike—or maybe several—helps me discover the bright, shiny nugget of an idea in my personal landscape of images.

Some of Myy Paintings of Grand Canyon

Over the course of this research, I’ve learned that I’ve painted over 120 views of Grand Canyon.  This does not include the casual sketches, but only the serious efforts.  Most of them are plein air, painted either on expeditions to the Canyon or at the Celebration of Art .  (This will make my fifth time as an invited artist.)  During the course of painting the outdoor pieces, I’ve experienced hammering rain and explosive lightning; chilling snow squalls that rattled sleet down onto my palette; awesome, billowy clouds piling up before a storm; the Canyon filled with impenetrable fog; rosy sunrises and golden sunsets of which one cannot fail to make a postcard-perfect photo; and wind powerful enough to rip brushes out of your hand.  Looking through my images brings all of these moments back to me, which is a very pleasurable thing.

I’ll be posting updates on my blog as I go through the process of creating the painting.  In the meantime, I offer you some photos of me painting at Grand Canyon over the years.  I’m also hoping to get up to the Canyon this winter to paint snow, if we do get any snow this season!

By the way, if you are an outdoor painter, the Grand Canyon Association, which hosts the Celebration of Art, reserves a few spots on the roster for new artists.  You an apply on-line at https://www.callforentry.org/festivals_unique_info.php?ID=4811   Good luck!  I hope to see you there September 8-16, 2018.


















Michael Chesley Johnson, AIS PSA MPAC PSNM
www.MChesleyJohnson.com

Grand Canyon Celebration of Art – 10th Annual in 2018


Sunrise, Grand Canyon

This week, I’m lost.  I’m wandering the rim of a vast canyon, taking any trail that offers the least promise of finding a special place.  But I’m not outfitted with hiking boots and water bottle; instead, my gear consist of computer and sketchpad.  I’m exploring Grand Canyon in a virtual way from my studio, sorting through all my past paintings and photographs and making little sketches, seeking inspiration for an important painting.

As you might remember, I’ve been invited back to participate in the Grand Canyon Celebration of Art this fall.  For the event, I need to create a studio painting that will go in the catalog and be exhibited along with my plein air paintings at the show.  The task of creating a painting that is 1) different from everyone else’s so it stands out and yet 2) traditional enough that it will attract a buyer is a real challenge, considering the high caliber of artists invited each year.   During a time like this, I take many walks.  I find that a long, solitary hike—or maybe several—helps me discover the bright, shiny nugget of an idea in my personal landscape of images.

Some of Myy Paintings of Grand Canyon

Over the course of this research, I’ve learned that I’ve painted over 120 views of Grand Canyon.  This does not include the casual sketches, but only the serious efforts.  Most of them are plein air, painted either on expeditions to the Canyon or at the Celebration of Art .  (This will make my fifth time as an invited artist.)  During the course of painting the outdoor pieces, I’ve experienced hammering rain and explosive lightning; chilling snow squalls that rattled sleet down onto my palette; awesome, billowy clouds piling up before a storm; the Canyon filled with impenetrable fog; rosy sunrises and golden sunsets of which one cannot fail to make a postcard-perfect photo; and wind powerful enough to rip brushes out of your hand.  Looking through my images brings all of these moments back to me, which is a very pleasurable thing.

I’ll be posting updates on my blog as I go through the process of creating the painting.  In the meantime, I offer you some photos of me painting at Grand Canyon over the years.  I’m also hoping to get up to the Canyon this winter to paint snow, if we do get any snow this season!

By the way, if you are an outdoor painter, the Grand Canyon Association, which hosts the Celebration of Art, reserves a few spots on the roster for new artists.  You an apply on-line at https://www.callforentry.org/festivals_unique_info.php?ID=4811   Good luck!  I hope to see you there September 8-16, 2018.


















Michael Chesley Johnson, AIS PSA MPAC PSNM
www.MChesleyJohnson.com

Jezus optreden in Galilea


 

 

 Welkom op mijn blog met informatie over de

Orthodoxie. Teksten, bezinningen, theologie

Foto’s……….

 

Gezangen uitgevoerd door het koor van de orthodoxe kerk van Gent

 olv. Paul Morreel

 

 

 

 

  De teksten van  de gezangen kunnen teruggevonden worden in de rechter kolom 

start nummer één en ga dan naar de tekst in de rechterkolom.

 

INHOUD VAN MIJN BLOG   (klik)

Om gemakkelijk te vinden wat je zoekt !!

 

 

Sysco Software Solutions to attend Digital Government 2018


Sysco Leasing Software are to attend the Digital Government Conference in the Titanic Building, Belfast on the 8th March 2018.

The Digital Government Conference is a yearly gathering of expert speakers who discuss their digital transformation journeys. From improving back-end processes to cutting edge citizen and service user facing technologies such as the growing project Sysco Software are undertaking with the Regulation and Quality Improvement Authority (RQIA) for Northern Ireland.

In Collaboration With


What does Sysco Software offer to Public Sector Organisations?

Sysco lead the way in understanding and deploying proven Microsoft Dynamics solutions that enable the public sector to interact and deliver key services to its citizens and service users.

Present on a number of Public Sector Frameworks, Sysco’s experience includes Activity, Contact and Case Management as well as configuring Dynamics to manage unique business processes.




Learn more about Sysco’s Solutions for…

Data Management: Learn how Microsoft Dynamics CRM and Power BI bring complex information to life, with interactive live data widgets and graphs.

Case Management: Manage enquiries such as Freedom of Information requests, complaints and general enquiries from initial contact to resolution.

Contact Management: Record and manage all interactions whether by email, letter, phone call, social media, face to face or via the web.

Finance Management: Increased visibility, internal controls, and reporting tools can help you (and your budget) stay a step ahead of compliance and administrative requirements.

Customer Applications: Microsoft Dynamics provides a turn-key solution yet at the same time provides the flexibility and the ability to customise and personalise for your unique needs.

Web Portal Applications: Microsoft Dynamics enables web portal creation with point and click technology.

For Additional Information

Visit http://www.sysco-software.com/leasing for more information contact:

UK – David Reid +44 28 9050 8550, dreid@sysco-software.com

The post Sysco Software Solutions to attend Digital Government 2018 appeared first on Sysco Software Solutions.

Revisions: Sunrise, Ramah Lake



Revision:  “Sunrise, Ramah Lake”
19×25 pastel by Michael Chesley Johnson
AVAILABLE

The other day, I wrote about coming across a couple of large pastels from 15+ years ago that I wanted to rework.  Here is the second (and last.)  I really like the color of the original piece, but the foreground design was rather static.  So, I propped it up on the easel and got to work.

Of course, one thing leads to another.  I decided I also had to:

  • Lighten the sky
  • Add more warmth to the clouds
  • Make more irregular (and thus natural-looking) the “wedding cake” cliffs on the left (based on observations made from life this week)
  • And, finally, modify the color of green of the floating rafts of lake weed so it wasn’t so acidic and intense

Along the way, I also worked on my main goal, and added more dynamic and rhythmic strokes to the reflections and rafts of weeds.

Here’s the original and the revision, side by side:

Left:  Original; Right: Revision

I think it’s a better piece because of this effort, and now I’ll look for a nice frame for this and the first revision I did.

Now, I need to start working on that studio piece for the Grand Canyon Celebration of Art!—
Michael Chesley Johnson, AIS PSA MPAC PSNM
www.MChesleyJohnson.com

First Plein Air of the New Year



“Winter Lake”
8×10 Oil by Michael Chesley Johnson
Available

It’s been a busy season with one thing or another, but today I finally was able to head out into the snowy wilderness to paint.  What called me out?  The first snow to hit the Zuni Mountains.  I love painting in snow.  But I also love it when the snow disappears in a day or two, which this is sure to do.  That was all the more reason to get out before it does disappear.

Detail of snow

I don’t think I’ve ever painted snow in a landscape filled with sagebrush.   The scent of sage was remarkable!  I sucked in big lungfuls and still couldn’t get enough of it.  My years of hiking in Vermont winters led me to believe that winter is a season lacking any treat for the nose.  Not so here in the high desert of New Mexico.

I’ll get out again soon, but I’ve got two more studio projects to finish first.

Heading off to my spot

Setting up the Daytripper easel from Prolific Painter

Ready to go

Nearly done

A photographer always comes by, so I have to smile

And now we’re ready to hike back to the car.  A snow squall came right after this
photo was taken, obliterating the view.


Michael Chesley Johnson, AIS PSA MPAC PSNM
www.MChesleyJohnson.com

The Private Housing (Tenancies) (Scotland) Act 2016


The Private Housing (Tenancies) (Scotland) Act was recently passed by the Scottish Parliament and will have a profound impact on the private lettings market in Scotland. Whether London MPs or Welsh AMs follow suit remains to be seen – but if so, you read it here first!

 

The Act is expected to come into force in late 2017 however, the key aims of the Act include a simpler tenancy system, predictability regarding rent increases, and an enhanced security for tenants.

 

Simpler Tenancy System

The Act abolishes the short assured and assured tenancies. In its place will be the single type of private tenancy, the Private Rented Tenancy (PRT). There are exceptions to the PRT such as Student accommodation and Holiday lets.

 

Rent Increases

Landlords are only permitted to increase the rent once per year upon providing 3 months’ notice. Tenants may challenge such rent increases by referring the matter to a Rent Officer who can determine a ‘fair’ rent. The newly created Private Rented Sector Housing Tribunal will hear any appeal of the Rent Officer’s decision.

 

The Act also gives local authorities powers to create ‘rent pressure zones’. This enables authorities to apply rent caps in areas they determine have been subject to excessive rent increases.

 

Security for Tenants

The Act abolishes the short assured tenancy and consequently the ‘no-fault’ ground for possession will also disappear. The ‘no-fault’ ground permits Landlords to vacate a property on the the expiry of a lease upon the expiry of two months’ notice. In short, Scotland will no longer have the equivalent of a section 21 notice in England.

 

Under the new Act, Landlords seeking possession will need to give at least one ground to bring the tenancy to an end. The grounds include that the Landlord is looking to use the property for non-residential purposes, to sell/refurbish/move into the property, or rent arrears for three or more consecutive months. The Landlord’s notice will be either 28 days or 84 days depending on the circumstances and the Tenant will have the right to refer the matter to the newly created Tribunal. If the Tribunal finds for the Tenant, a wrongful termination order could require the Landlord to pay the Tenant a sum of not more than six months’ rent.

 

Comment

The response to the Act has been mixed amongst those in the Property Sector. The security of tenure and restrictions on rent increases will no doubt be welcomed by many Tenants across the board. However, Landlords and Landlord associations have warned that these restrictions may result in Landlords disposing of their investment properties or looking outside of Scotland for such properties. Time, will no doubt tell.
Filed under: England & Wales

Liability for Disrepair


On 5 May 2016, the Supreme Court heard the appeal of a Landlord in Edwards v Kumarasamy (UKSC 2015/0095). The Court needs to consider whether a Landlord under an assured shorthold tenancy, was liable for his tenant’s injuries under the extended covenant implied into the tenancy by section 11(1A) of the Landlord and Tenant Act 1985.

The Supreme Court’s decision had not been released at the time of writing this blog.

The tenant, Mr Edwards tripped on an uneven paving slab between the front door of the building of flats and the communal bin area. The Landlord, Mr Kumarasamy claimed that he had no obligation to repair the path between the building and the bin area, since he did not own it. The Landlord was the leaseholder of the flat rented by Mr Edwards.

The Court of Appeal found that a landlord of a flat let under a tenancy was liable for disrepair of common parts of the building in which the flat was situated. This liability arose under section 11 even when Mr Edwards had not given notice of the disrepair.

The Court of Appeal found that the disrepair was not within the demised property, therefore the implied term that the tenant had to give notice of the disrepair was found not to apply. The disrepair was in a common area and knowledge of it would have been revealed had the landlord or his agents carried out inspections.

 

Many Landlords will be hoping that this decision is reversed by the Supreme Court. Until it is, Landlords are advised to carry out inspections or ensure that management companies are doing so and that they report any necessary repairs in common areas promptly in writing to the freeholder. Landlords of flats should also ensure that the freeholder’s insurance includes public liability cover.
Filed under: England & Wales

Woodrat Podcast 38: Ren Powell redux


Ren Powell

Poet, playwright, translator and teacher Ren Powell returns to the Woodrat Podcast to talk about her new collection of poetry (and North American debut) Mercy Island, religion in Norway, her shifting perspective on poetry animation, and other topics. She’s the third author in Via Negativa’s informal Poetry Month book club.

Ren recently consolidated her web presence at a new website. I last interviewed her in early March 2010, for the 9th episode of the podcast. My blog response to Mercy Island is here, but do also check out the more proper reviews and interviews from Kristin Berkey-Abbott, Deb Scott, Fiona Robyn, Rachel Barenblat, and Carolee Sherwood.

Podcast feed | Subscribe in iTunes

Theme music: “Le grand sequoia,” by Innvivo (Creative Commons Attribution-Noncommercial-Share Alike licence).

Woodrat Podcast 39: William Trowbridge


William Trowbridge

William Trowbridge was the last of the four poets Kristin Berkey-Abbott and I read for National Poetry Month (here are my review and hers). We called him up last Monday to talk about Fool and foolishness, humorous versus serious poetry, and why the Midwest produces so many poets, among other things, and got him to read some poems from Ship of Fool, too. Check out his website for a bio and links to all his books.

Podcast feed | Subscribe in iTunes

Theme music: “Le grand sequoia,” by Innvivo (Creative Commons Attribution-Noncommercial-Share Alike licence).

Improvement or Disrepair?


In Sternbaum v Dhesi [2016], the Court of Appeal found that a landlord was not liable when one of its tenants fell down a staircase which lacked any form of handrail or bannister. The tenant sued the landlord in negligence and for breach of section 4 of the Defective Premises Act 1972.

 

At the date of commencement of the tenancy agreement there was no handrail or bannister fitted although the stairs were steep. There were indications that a handrail had been removed at some point but this was prior to the commencement of this tenancy.

 

The tenancy agreement required the landlord ‘to keep in repair the structure and exterior of the premises’ and the tenant was under an obligation to permit the landlord to enter the premises for the purposes of inspection and repair.

 

The Court of Appeal recognised that whilst a staircase without a handrail was hazardous, it was not defective pursuant to the Defective Premises Act. A lack of a handrail, even though potentially dangerous, did not amount to disrepair and to oblige the landlord to fit a handrail would amount to requiring him to improve the premises and/or make them safe which is beyond the scope of the Act.

 

This decision introduces more certainty on the interpretation of landlords’ duty to ‘repair’ even if it might be concerning to tenants. It also highlights the gap in current repair obligations which still focus more on fairly basic obligations rather than a more general requirement for a property to be reasonably safe.
Filed under: England & Wales

Woodrat Podcast 40: A walk with Clive Hicks-Jenkins (Part 1)



Clive Hicks-Jenkins
(l-r) view of Llanilar, Clive and Jack at table, three Welsh cows

Join me for a walk with the Welsh artist Clive Hicks-Jenkins and his dog Jack. Clive and his partner Peter Wakelin live a few miles from Aberystwyth in a beautiful old place called Ty Isaf, which I’d been reading about on his Artlog for a couple years now, and was lucky enough to visit — and even stay three nights in — earlier this month.

I thought it would be fun to record a tour of Clive’s neighborhood for the podcast, allowing us to hear how a major artist relates to, and finds inspiration in, the land and people around him. For those unfamiliar with his work, it’s worth mentioning that specific places have always featured prominently in his paintings. Even elements which I had assumed to be fanciful, such as castles beside the sea, turn out to have been common features of the local and regional landscape. (For more on the sense of place in Clive’s work, see the essay by Andrew Green, “The Place of Place,” in the new monograph simply entitled Clive Hicks-Jenkins, from the British art publisher Lund Humphries in cooperation with Grey Mare Press.)

Podcast feed | Subscribe in iTunes

Be sure to check back next weekend for the conclusion of our walking conversation, in which I prompt Clive to talk about his journey from the theater world to art, what he looks for in painting, and more.

Theme music: “Le grand sequoia,” by Innvivo (Creative Commons Attribution-Noncommercial-Share Alike licence).

The Referendum Results and Landlords


Having voted to leave the EU a great numerous pieces of legislation will need to be reviewed which will undoubtedly have an impact on the property sector.

 

The Bank of England has raised concerns about the economic uncertainly following this result. Certainly, the pound and UK stock market has seen a significant drop in value after the result was announced. This may lead to landlords being hard hit because lending for the buy to let market may become more difficult to obtain.

 

Furthermore, legislative change will need to be implemented. A number of regulations rely on the European Communities Act 1972 which presumably will need to be repealed. There is some uncertainty about how the Government will deal with this. The Government may choose to re-implement some of the regulations individually or collectively re-implement them all. Either option is possible in principle. However, some regulations are popular and some are certainly not. Consequently, what and if any regulations deriving from EU matters are implemented will be dependent on who is in power at the time the decisions need to be made. The regulations which may be subject to repeal or implementation will include the EPC Regulations, Heat Network Regulation and most particularly the Consumer Protection from Unfair Trading Regulations which are of great importance as they cover property misdescriptions.

 

That said, the current government has not yet served the Article 50 notice to leave the EU and it seems that it will not occur until at least October, once a brand-new Conservative leader has been chosen. In any event, upon service of the Article 50 notice there is a 2-year notice period, which could be increased further by negotiation. Consequently, any changes are likely to be delayed for some time.

 

Finally, the EU result calls into question the proposed legislation in the Queen’s speech and the implementation timetable for legislation already passed. This is particularly so for the Housing and Planning Act 2016 and the Immigration Act 2016, due to government departments now having other priorities!

 

We will keep readers updated if and when changes are made to the property sector.
Filed under: England & Wales

Woodrat Podcast 41: A walk with Clive Hicks-Jenkins (Part 2)



Clive Hicks-Jenkins in context
(l-r) Clive points out hart's-tongue fern; Jack on bridge over Ystwyth; sand martin nests in the riverbank; Basil the Shetland pony; Clive in front of his painting "Green George"

The conclusion of our May 5 walk around Clive’s neighborhood in rural Wales, near Aberystwyth. (It should stand on its own, but do listen to Part 1 if you haven’t already.) I’m grateful to Clive for taking the time to show me around in the midst of frantic preparations for the launch of his retrospective exhibition just two days later (for more about which, see the series of posts on his Artlog). We’re also lucky he’s such a great communicator, because as the naive quality of my couple of questions about his painting demonstrate, my general knowledge of art is woefully inadequate. Nevertheless, somehow this walking conversation with Clive has turned into one of my most satisfying podcasts to date, I think. Give a listen.

Podcast feed | Subscribe in iTunes

Theme music: “Le grand sequoia,” by Innvivo (Creative Commons Attribution-Noncommercial-Share Alike licence).

McDonald v. McDonald revisted


In McDonald v McDonald, the Supreme Court held last week that a Court is not required to consider proportionality when evicting a tenant when a Landlord seeks possession under section 21 of the Housing Act 1988.

A summary of the case and the Court of Appeal decision can be read here.

The Supreme Court stated that any decision which required the Courts to consider proportionality “would involve the Convention effectively being directly enforceable as between private citizens so as to alter their contractual rights and obligations, whereas the purpose of the Convention is…to protect citizens from having their rights infringed by the state.”

The effect of this judgment in relation to private residential tenancies is that it is now not possible for a tenant who is being faced with Section 21 possession claim to invoke Article 8 of the Convention. As the Court said in relation to private residential possession proceedings:

“Once it [a court] concludes that the landlord is entitled to an order for possession, there is nothing further to investigate.”

Comment

This judgement largely puts to bed any ability to challenge a private landlord’s eviction of their tenant on human rights grounds. While the case is a sad one in which the tenant did and should attract sympathy it will be of considerable relief to landlords. The effect of human rights arguments entering the private rented sector were, as the Supreme Court held, too horrible to contemplate.
Filed under: England & Wales

Woodrat Podcast 42: Tea with Fiona and Kaspalita



Fiona Robyn and Kaspalita on the waterfront at Aberystwyth, Wales
Fiona Robyn and Kaspalita on the waterfront at Aberystwyth, Wales

Brew yourself a nice cuppa and join Fiona Robyn, Kaspalita and me for a conversation about writing, religion, spirituality, science, small stones and more. We met on May 7 in Aberystwyth, Wales; Fiona and Kaspa subsequetly tied the knot on June 18th, and starting on July 1 they will again curate a month-long river of stones, with contributions from around the world.

Fiona Robyn is a novelist, a blogger, a therapist, and a creativity coach. She is very fond of Earl Grey tea and homemade cake. Kaspalita is a Pure Land Buddhist priest, a sometime blogger and is still learning to play the ukulele. Together they are on a mission, they say, to help people connect with the world through writing. In addition to the river of stones (see the aggregator blog) they also host the Writing Our Way Home forum and run e-courses on writing, spirituality and connecting to the world. Fiona has even written an e-book, available as a free download, called How to Write Your Way Home.

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Theme music: “Le grand sequoia,” by Innvivo (Creative Commons Attribution-Noncommercial-Share Alike licence).

Lettings Agent Fined


Colvin Houston Ltd, a lettings agent in Scotland, was fined £750 (reduced to £500 for an early plea) after becoming the first to be prosecuted in connection with the Tenancy Deposit Schemes (Scotland) Regulations 2011 that required all landlords (including England and Wales) to register deposits. The legislation was set up to ensure deposits were ring-fenced in independent tenancy deposit schemes and protected by third parties until such time as the tenant vacated the rented property.

North Ayrshire Council said the landmark ruling at Kilmarnock Sheriff Court could now have a “massive impact” for people renting properties across the UK

The deposit legislation primarily places the responsibility for securing deposits on landlords. However, the Consumer Protection From Unfair Trading Regulations (CPRs) were used in this instance to hold Colvin Houston Ltd responsible for the deposit they took on behalf of their client, the landlord.

In this prosecution, North Ayrshire Council’s Trading Standards team argued that landlords were consumers rather than professionals. Consequently, in failing to secure the deposit, the letting agent had committed the offence of unfair trading by “failing to meet the standard of skill and care that would certainly reasonably be expected” of a trader in its field of activity, and hence their practice was deemed “unfair as it failed to meet the standard of professional diligence”.

Comment

It should be remembered that the CPRs apply equally in England as well as in Scotland and so a similar prosecution could be pursued South of the Border. Routine failure to protect deposits is something that agents should not be involved with and is likely to attract prosecution.
Filed under: England & Wales

Woodrat Podcast 43: Marly Youmans in Wales



Marly Youmans with an ancient yew on the grounds of Powis Castle
admiring yew #35 on the grounds of Powis Castle

Even though my friend the poet and novelist Marly Youmans lives just five hours away from me in upstate New York, we went all the way to Wales to record this podcast. How’s that for dedication? We start out at a tea house on the grounds of Powis Castle, where we’re joined by another novelist and blogger, Clare Dudman. Then we go to Ty Isaf, the stately Clive Hicks-Jenkins residence near Aberystwyth, where we talk about such topics as the ghosts of Cooperstown, New York; whether children are an inspiration or a hindrance for a busy writer; women leaving the world for the woods; and how writing in rhyme resembles surfing. We are serenaded by rooks.

Marly’s latest book of poems is The Throne of Psyche and her latest novel is Val/Orson. She blogs at The Palace at 2:00 a.m. and tweets about raspberries and radishes.

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Theme music: “Le grand sequoia,” by Innvivo (Creative Commons Attribution-Noncommercial-Share Alike licence).