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About Tomboy

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  1. Thank you for taking the time to reply. I have decided to serve a second S21 , the Section 21(4) (a) as it is now a periodic tenancy starting before October, 2015. I am also compiling evidence for the Section 8 under grounds 8,10,11, 12 & 13 as further backup, though am nervous of going down this route. My question is, I am unsure how detailed one needs to be on this. Should I be concise i.e. 'Tenant has disallowed access for X months to carry out maintenance, GSC, Inspection ' or go into extensive detail, listing every occasion with dates, number of attempts made, periods Tenant delayed responding to maintenance issues etc. OR Should the comprehensive details be saved to put forward on the possession order when the time comes. I suppose, whatever route I take, the Tenant will eventually get sight of my responses , giving ample opportunity to defend. Appreciate any help on this.
  2. Thank you both for your replies. I plan to send a Section 8 and will follow up with the 'letter before action' including veiled threats to report him to the Law Society. I am very concerned about the time frame, whether the Section 21 is successful or not or resorting to S8 route , if the tenant still does not move out, it could be weeks to get a bailiffs appointment here in London. My claim will then far exceed the SCC threshold. Do you know if its possible to make a maximum claim through the SCC and also get a separate judgement to deduct the shortfall from the deposit? I imagine with the right documents the TDS would be obliged to co-operate. (Baring in mind one doesn't know what damage has occurred to increase the claim) I suspect a counter claim is in the process (after all, they have the resources) as a phethora of complaints were issued to the agent a week before the expiry of the STA. One citing how horrible a time they had in the apartment and that it was worth at least £500 less in rental per month. If it was that bad (which it wasn't) I think we would have heard from them sooner. I also think our agents could easily verify the rental price was reflective of a high end apartment and as to 'things going wrong'. Washing machines do break down, shelves due warp when to much is put on them, etc etc etc. over a 30 month tenancy. All issues were addressed in reasonable time bar one due to delays in manufacturing followed by a lack of co-operation on their part in allowing access to install said item. Six months prior to the end of the tenancy all communication was cut including no access granted to carry out the GSC. So they haven't exactly been co-operative and I have a very detailed paper trail of how proactive I've been through out the tenancy. Still the law being what it is, I never feel it's on the right persons side. To top if off, it is soon school holidays and our son was hoping to go abroad to visit family but due to the timing of this we don't think we can . One very disappointed boy. :-((
  3. Hi All, Would appreciate some advice, please. Issued our tenant with a Section 21 in April and have now received a Notice of Issue from the CC giving the tenant two weeks to put in a defence. I assume the S21 was filled out correctly otherwise we wouldn't have received the Notice of Issue? As to a defence, the only grounds I think they can use is hardship (unlikely as they are a solicitor) or cite the S21 was never received. (Have witness/video evidence). If they do put up a defence in the next week, does anyone know how long it then takes to get a hearing date and from there, the maximum time a Judge would allow them to remain? If no defence, after I send the form back requesting a possession order and order for costs, how long could it take to get an eviction date. I have read that from issuing proceedings to receipt of the order for possession can take six to ten weeks. After which, if they haven't left, I will use the HCEO as I hear they are quicker than using the Bailiff services. Once this headache is over, there is the issue of arrears which currently stands at over £10,000. I was also thinking of serving a Section 8 but am unsure if this is applicable in these circumstances and would be better going down the small claims court route. Though I seem to recall the ceiling for a claim through them is £8,000 and arrears could be far greater, depending on how long it takes to get them out. A S8 will also leave me open to a counter claim for maintenance (unfounded and with lack of access issues). Would appreciate any help at this stage as I don't want to start pouring costs into hiring a solicitor as that could very well be necessary further down the line.
  4. My tenant is due to move out in approx two months. I've served the Section 21 on time which has not been acknowledged by him. In the weeks leading up to this he has cut off all communication with me, ignoring my emails, notices under the door requesting a visit to deal with maintenance issues and more recently ignoring a further notice + three emails requesting access for the gas safety inspection which is overdue. I put a further notice under his door advising I would be visiting with the inspector at a given time to carry out this work and despite security informing us he was in the flat, he refused to answer the door despite our loud banging! On this visit I noted the door bell had been broken. Two days later security then advised they saw a contractor visit the flat who by all accounts could be a gas inspector he has employed. Firstly, can he just decide to take it upon himself to arrange his own GSI . Secondly, he is now behind on the rent. Either he is planning to stick it out and make me apply to the courts for repossession or take the view the rent will come out of the deposit. I don't want the later as he already owes me for work carried out in relation to damage in the flat. As he is behind on the rent am I correct in that I cannot apply for an accelerated repossession now? Oh, and his a lawyer with a big city firm and no doubt will be well informed about his options. I heard he has a flat nearby which is being worked on so I am surmising the project is delayed so he fancies staying where he is in the interim.
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