Jump to content

Carryon Regardless

  • Content Count

  • Joined

  • Last visited

Posts posted by Carryon Regardless

  1. On 7/23/2020 at 11:38 AM, Carryon Regardless said:

    HB can also be recovered from you should HB believe they have over paid in the past. You would be caused to repay this if you received it.

    Your informing the HB that the tenant isn't entitled to the benefit might well work out expensive for you.

    But the state does need your money,

    as do the solicitors, but less so.

  2. My test of the mt flat is to be Monday, T is pretty much on the doorstep waiting for keys.

    Of course Wales is imposing more Covid restrictions, even for N Wales, as I write. I can only hope to achieve this new rental prior to the Heddlu turning me back to England as the journey being non essential.

    Anyway I've just spoken to a local electrical firm in attempt to clarify requirements for the inspection. My downlighters need upgrading to fire rated units, already delivered from Screwfix the new LED units are going in tomorrow.

    I have been having trouble sourcing replacement metal clad consumer units (fuse boxes) to suit the need. I guess there is a high demand. But Sparky chap says as long as all circuits are safe, and protected by RCCB breakers the metal clad enclosures aren't needed, a bit of a surprise that. Essentially if the regulations were met at the time of install then that is good. So now I hope to obtain a couple of RCCD's to replace the main switches, and that should suffice. 

  3. I've found advice on how to deal with belongings a bit vague.

    Some say 3 months, some say 6 months storage. My way is to create an account of monies due in preparation for defending a claim. The account may be a little awkward as this is lodger related, I've no experience of this. But a judge might view your claim for rents ott and say you could have re let earlier instead of waiting and running up a bill.

    In short charge for storage, and to contradict my earlier point it may be reasonable to say the room cost is storage cost as it's still used for his purposes. If / when you dispose of the belongings you need demonstrate their disposal at market value, eBay auction should serve well enough. Your efforts are free. You could employ an agent and charge for their costs. Any revenue can offset your losses, surplus paid to lodger.

    Ideally you are better reaching a demonstrable agreement. 

  4. While helping T's in need is honourable I believe, from much experience, that we are the wrong one's to offer it.

    The charity gratitude soon becomes resentment if / when we are caused to take it away. The view by most, and not only T's, is that we are so well shod it is of no consequence what we give, lose or have taken from us.

    About the biggest thing a T needs help with is the rent, and that's the primary reason for us being here.

  5. I would argue that a possession order isn't totally safe. We make a claim for such, it is likely granted, but does allow for a claim by the T that the claim for possession was faulty.

    A surrender document is the safe way, but how when the T is unavailable?

    A G'tor can (and has for me) been valuable. Contacting them with 'reminders' of their responsibility can cause the T to re appear.

    Otherwise build evidence to support your belief. Unpaid rents is a very small part of that cos in truth the only person to care about that is the LL. So Council Tax registration being changed from the T, utility companies being given a final date by the T (they then reverting to the LL), neighbours witnessing removal operations might have some value.

    As illegal eviction, that being your restricting access for the T can be very serious. The Notice of Abandonment, dated and with your contact details, becomes good practice. Photo that.

    Video your entering the property. Demonstrate the lack of furniture (or if no lack of you've increased your risks here), be cautious I had a T who left a scabby seat, newspaper and mug (it was a set up). Video mt cupboards.

    I believe I do as I can to head off a claim of illegal eviction. I would generally also have a claim greater than any claim of the T for stuff I had removed. They claim I had removed something of value, which would look unlikely in an mt property, I have a greater claim for unpaid rents, damage, and costs so as to offset their claim.

  6. Some areas, or even properties due to style, state or / and reputation will have difficulty attracting working T's.

    A bad rep is hard to reverse, and might take many years for history to be forgotten. More so in smaller communities.

    I will hold out for a while for a better class of T, but there comes a point where the lost rents in the void would have paid fore the 'likely' downside.

    She's gone, flat in reasonable order, not much left behind. some repairs but not extensive. I caught up with her as a present T, who can't decide if I should be friend or foe these days, provided her new address. She complied in signing a surrender notice. I then took down the abandonment notice from the front door. I now have the address to send the final account, but 1st need to understand the HB account (if some is clawed back or not) and the electric final bill.

    So all in all a relatively easy outcome. My starting this thread was more about, sarcastically, pointing out the bl**dy silly ways legislation has and is developing. As LL's we are under an ever increasing threat, where our risks continually increase (along with responsibilities for others in a very Socialist design) and our rewards are reduced. I see that will continue until the state take it too far (although I feel that was a while ago) and there is an exodus of LL investors leaving the state with a greater housing problem. But the properties will still be there and some one will be living in them. Maybe the housing problem will remain ours, individually, till we sell??

  7. 7 minutes ago, Richlist said:

    * Try to attract a better kind of tenant. Stick to professional people.......doctors, teachers, engineers etc.

    If you remember the activities over these many, many years, it is because the area has declined, the flats have a reputation difficult to reverse, and such people aren't typical of those that would have interest. Flippin' lucky if they have a job. Lucky if it isn't just seasonal. These days more so, lucky if still employed and not furloughed / laid off.

    * Avoid applicants on benefits.

    I will leave it empty long enough to see if I can attract such. But there comes a time where lost rents would be more than the penalty of waiting for the right sort.


    7 minutes ago, Richlist said:

    * Take rent guarantee insurance or insist on a home owning guarantor.

    If a T were able to qualify there isn't a guarantee they will have maintained their status come claim time.

    * Above all else.....follow the rules, even if the courts are closed.

    Of course I wouldn't dream of anything other. But the rules are heavily weighted and unworkable here. I should 'ideally' wait for a court to grant repossession. But later it could still be claimed that my claim for repossession was faulty.

    It's always more difficult to design a satisfactory outcome after the event. 

    Or before.


  8. A Lady has been a T for over a year, from the off rents were unreliable.

    Unusual for me but I took a deposit of £500 (protected, and all that, of course).

    Covid has given some T's the belief that they don't need to pay, a top up of HB in her case. Realising the courts are having nice break I have attempted to manage these situations and gain as much from them as possible. Last month her arrears approaching £1K I tried to call, no joy so a text.

    "Your giving me so much stress I'm leaving in a couple of weeks"

    "And the arrears?"

    "Take it from my deposit."

    "If you want to serve notice the last page of your tenancy pack has a form for you to use."

    "What are you on about?" That being the last comm's.

    I am led to believe she has absconded, but not returning calls and no notice this is all informal. With Covid, possibly, other methods of learning of the departure are not so reliable. I wait to see if HB will be reclaimed from me, the online account shows 'Active Tenancy', but maybe they haven't processed her new claim for where ever she is now.

    So tomorrow I go to inspect. My expectation is a flat in ok state but with many black bags. A short while ago a square of carpet was disposed of so maybe a carpet has a hole in it.

    The black bags are considered by Wales to be commercial waste. I should employ a specialist contractor, and with vain hope recover the cost from the ex T.

    To take possession always has risk of later claim of unlawful repossession. I should post a note on the front door informing of how to gain keys for the new lock. Anything still inside, and that would include the black bags, should be stored should the ex T require the property to be returned. Then I should hope for recovery of the cost of storage.

    To reduce risk of an unlawful possession claim, but not remove such risk, I should apply to the court for said repossession. But the courts are only hearing cases of social disorder by T's, eventually. So if lucky a court might programme a case in 6 months or what ever. Can anyone see a court awarding me the lost rents for that period? And we are in blood from a stone territory, this makes recovery of losses some what fantasy.

    She and another T, that verbally ganged up on my chap that cuts the grass there, believe that I am unreasonable to chase rents because of the pandemic. Nice of him to point out that they are HB and their financial situation hasn't changed.

    What would you do?




  9. If we're talking of their economy, while Wales may have some issues due to remote locations, similar but not as much as Scotland, I see parts of England (Northern regions but East Anglia is some what forgotten also) have issues as much as Wales experience.

    But their population is less than 5% of the UK so I feel they expect more consideration than is actually due.

    Covidwise their infection rate is running at a little over 6% of the UK total and their death rate a little over 4%. There isn't a great difference really. Time will tell if those with a higher infection rate are actually ahead or losing in this battle. It may well be that New Zealand (for example) are merely deferring the inevitable and have 'yet' to catch up.

    Anyway Longshanks gave them loads of castles. Their tourism benefits massively from them. Did they ever say thank you?


  10. WE know CGT is taxable on,  sale value - purchase price - purchase costs - development costs (pre rental) - proportions of other expenses on occasion -  sale costs.

    So a fair bit of record keeping to demonstrate the deductions. We should keep records of our revenue expenses for 6 years + a bit. What records did you chaps have to produce to demonstrate your costs? How far back (as very often a property will be kept for longer than 6 years)?

  11. So, the WRA, (Welsh Assembly), I have been informed by the T dictator who told me I must do w/o £170 of his rent, has informed me of a tenant loan scheme.

    There are criteria to be met but T applies for a loan, I need assist in the application (so sounds less speedy than might be) if passed it gets paid directly to me. T is charged at 1%, I have absolutely no responsibility of the loan. I'm rather surprised as it is actually designed to prevent / remove eviction action and not screw the LL.

    This doesn't address arrears as at 1st March, just arrears developed after that if Covid related. It would seem that those HB T's that are just failing to  pay their top up won't be eligible.

    Still I have anticipation of seeing a £Grand that wasn't looking good. I don't know how the ongoing shortfall of this particular T will work out regarding any loan set up.

  12. https://www.gov.uk/capital-gains-tax/report-and-pay-capital-gains-tax

    Report 'and pay' it seems, if after April 20. Sorry Mel, but me is just da messinger.

    That would suggest that re investing in another venture to 'defer' CGT no longer applies. It used to be that we may sell and reinvest the gain, within a period I don't remember but think 2 years, and transfer the CGT payable to the new venture. 

    If however we have paid the tax man that gain we don't have it to reinvest.


  13. I think the question might be asking how long you might need to live in a former BTL to avoid any CGT.

    If so, sorry I used to know the answer but things have changed and I've not kept up to date. What might be reasonable though is to consider values and any CGT at such time as the property changes from a 'Let' to your own home.

    However CGT is supposed to be declared within 30 days, or later on there might be penalties.

  14. Some years ago I took a G'tor to court, Rhyl. The result was worse than you could imagine. The Judge worked it so the g'tor had half the claim awarded against him, and to pay at £20 per month starting 3 months on. The court no longer pursues unpaid awards, so with my limited knowledge I would be caused to return each month to get anything. Costs were not considered. 

    I got nowt and had to pay more cash not to get it. Being told off for not respecting the court on a hot day as I attempted to remove my jacket was totally uncalled for. The G'tor turned up dressed as a vagrant.

    And nowadays the non sympathy for the LL is truly a joke.

  15. Thanks for the rant Grampa, my forecast is to expect more of this cr*p. Especially from the Welsh Retard Assembly.

    4 of my tenancies went into arrears, 3 HB and 1 not. The 'not' cired a wage reduction of 10% and reduced his rent, w/o any negotatiation so tenant dictated,  by over 25%. He and his G'tor don't understand why I find that unreasonable. So i should take rent as deemed appropriate by the tenant, and when he wishes to pay it.

    So would this G'tor result in a favourable result in CC? To find out I must put great effort into making claim, especially if defended. There is risk that the cost of claim will be a further insult to the rent arrears. A sympathetic judge, in my view, would do all possible to relieve both T & G'tor of the unreasonable stress I am applying. Btw the G'tor paid £750,000 cash for his successful B&B property in 2007, and has other business revenues. They don't see issue as they state there are support packages and payment holidays in place, how nice of them to attempt to organise my financial situation to suit their needs. Do I gamble? Better to apply pressure for some settlement before the debt becomes beyond reach of recovery by the T.

    I also foresee a situation where T debt is going to be written off by legislation.

    No Gov't wants the responsibility of so many potential homeless bods. And if so many look to be undesirable T's what would LL's as a whole do to fill their tenancies anyway.

    I'm doing as I can to get as much dosh in. Where I thought CC was a reasonable option I'm no longer sure of that. Eviction, no point. Shelter will get hold of this, when they're operating again, and in the end we will lose out.

    But I am happy to assist the genuine cases, where it is affordable.

  16. Seeing where the sympathy lies for me it's easy to see where the consideration will go.

    But, there are mortgage holidays for LL's, but I think they can come with additional charges and even affect credit history. Happy to be put right on that as I haven't researched for my own mortgages.

    There are some loan possibilities but again I have little 1st hand knowledge.The 'Bounce Back' i think is payment free for 12 months then interest at 2.5%, that loan can be 25% of turnover, I think.

    A  LL friend told me he obtained £50K from Santander on one of the Covid schemes. Which I don't know, and I'm not sure he was completely factual in his application. I did read this week that HMRC are aware that they paid out too much in many cases for the self employment assistance, that doesn't apply to LL's anyway, and they don't intend to try and get it back. So maybe stretched truth loans will be free from threat of fraud.

    I can't see any Gov't wanting to take on ,000's of homeless people, far better for them that LL's go under. That at least would buy time before the mortgage companies want their properties back for auction. Who knows, would that give Local Authorities opportunity to offer humanitarian assistance to the needy T's and take the properties cheap?


  17. Here's your landlord update.
    Update on Evictions During Coronavirus

    New rules in England and Wales on how courts will engage with landlords and tenants during coronavirus are due to begin on 23rd August. The measures are intended to deal with the large backlog of possession cases that have built up since courts stayed possession hearings in March.

    Summary of New Rules:
    spacer.gif Landlords will have to reactivate existing claims to get a hearing.
    spacer.gif To pursue cases based on rent arrears, landlords will need to tell the court how much they think the tenant has been affected by coronavirus.
    spacer.gif Even after reactivation, claims could take much longer than normal to be heard.

    Scotland’s measures to stop evictions have been extended until March 2021.


    I would hope re activation of claims doesn't come with any additional fees. For the courts to find original paperwork might become a bit of a high expectation though.

    We are supposed to tell the courts how covid has affected tenants. I assume this means in financial terms. I can imagine some of the responses to what we say, an obvious response being "how would the landlord know".

    I wouldn't intend repossessing as I think the trawl to do so would be frustrating and likely pointless, and if / when successful what then, who next? My way is to attempt recovery of rents outstanding. So far I've recovered a little over 40%. There are 2 tenants with substantial arrears and I'm now of a mind that they are beyond recovery, although the g'tor of 1 is well heeled but defending my attempts to recover. I have used the CC threat but that g'tor has perceived it as a threat of eviction. Clearly he is behind the times on that one.

    Wait for the media stories of disgusting LL's taking  the offensive offensive against the poor T with 6 kids, 3 dogs and no bloke to defend her. In her damp over crowded flat and pregnant by immaculate conception.


  18. 7 hours ago, Melboy said:

    ( see COR's posts) 

    That can go 2 ways.

    You may be entertained and feel fortunate that it's me and not you,

    you may become depressed as it might be you at some point.

    Yep you should give opportunity for ex tenants to address problems. But then that would create a further period for the tenant to pay for as the property isn't yet available for re rent.  A further inspection would then be required. Mine would be too lazy and tell me to get on with it. 

    I gave up on check ins and out years ago. That saved dosh goes toward these situations. 

    Damage = Wear and tear.

    Claims for replacements are proportioned to such a level that any award would make the claim worthless.

    Items such as battery and lamps (I plant bulbs) would be considered so petty you lose credibility, if as a landlord you have any in this 'ere country anyway. "They were checked and ok when we left, must've been the lightning storm", and how long should they last so how much of the 69p claimed should you get?

    For me being able to demonstrate unpaid rents is the easy way to make claim, more often that would exceed any deposit anyway.

    Tenants eh! Who'd 'ave 'em?


  19. You are responsible for any pest that was present prior to the start of tenancy.

    I had the same issue some years back, the T and I researched and came to the same conclusion. It was latish in the summer and the nest would have grown to it's near enough full size to disturb them would likely have caused a greater problem. There would be many wasps unable to find their home and then be wandering aimlessly and feasibly annoyed. Actually getting to the nest, in our case in a roof void, would have been near impossible to effectively remove anyway.

    An issue will arise come September(ish) as they start to die, that's when they are more likely to sting. Wasps don't return to the same nest the following year, but 'may' be somewhere close.

    My view is that unless you get to it early it may be best to leave it, and be prepared with sprays come September. Before that and if you don't bother the wasp it'll not bother you. It's just that many have a fear.


  • Create New...