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Carryon Regardless

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Everything posted by Carryon Regardless

  1. So far you can only serve the repossession notice. S8 is faster but more complicated. By the time the S21 has expired this situation will likely have reached its own conclusion. I would wait a few days and serve as S21 if you still have concerns.
  2. I am unlikely to be approached by the more professional international applicants. More likely they are here for the lower status employment, at best. This means they are less reliable as long term t's, very unlikely to present a local g'tor. Any credit checks are pointless. Gone tomorrow and so is the owed rents. I stay away, even if European.
  3. It would be nice to see many more MP's becoming LL's. We might suffer less abuse from the do gooder lot then.
  4. As we are continually tasked to increase our administration involvement, my view is to minimise my activities here generally to what I 'MUST' do. We aren't required by legislation to carry out a Legionaires survey. We are legislated by H&S to provide a safe environment for our t's. Actually that sort of legislation applies to anyone, as in we shouldn't be neglectful of others safety. So I've done my survey's but don't intend to record them in any fashion. The chance of any t coming down with legionaries is so minimal the efforts to control this are massively disproportionate. I don't have or intend to have solid fuel heating so no further consideration of carbon monoxide detectors required. A smoke detector is required on each level, for tenancies commencing after 1 Oct 2015, demonstrated ok at tenancy start. Here I shall tick boxes on a sheet and require t's to sign. We are allowed to provide a link to the 'How To Rent' booklet, that sounds good enough to me. Those conscientious enough about life don't need 8 pages shoved at them they will source relevant info as required. Those that aren't conscientious will only use it when the loo paper runs out. I am aware that the link address on the tick sheet will be forgotten about but I don't have respect for this booklet anyway. We now 'must' provide the EPC. It doesn't say a copy or a link (which would serve good enough purpose), how many will provide a photo copy like me? Instruction for the heating systems, I can see this one being sort of reasonable. The original manuals are best kept by me for where faults need investigating. Maybe a link to the manuals will do here. Would any of us feel comfortable providing a parts diagram to a wannbe DIY'er? I don't supply electrical equipment and don't intend to, aside from a cooker, if electrical that's fixed equipment as it doesn't plug in. Any kit left from a previous t and desired by the new is gifted. Soon enough we will be legislated to have the fixed electrical installation inspected so I'll wait for that. As my AST already details faults should be reported to me, and of course has the contact details I reckon that one is covered, I haven't read this has any additional legislation anyway. So I'm intending to build tenancy packs. Generally to be kept by the meter/s. AST Guarantor Deed Gas Certificate EPC Copy Info / Tick Sheet dated and signed to show receipt of the above + smoke alarm testing, link to 'How to Rent' for idiots, link to heating system manuals. 2x this as I need 1 for my records. I don't believe giving loads of paperwork to t's helps them understand or behave better. My aim for a while has been to make the responsibilities clear to understand within the AST. Areas are headed and underlined so the t can find the relevant part when needed. i.e. Animals No animals of any description shall be kept at the property without written approval from the landlord. My AST is up to four pages, the last page being the signature page. Any more and there becomes a reluctance to even try to take it all in. Some have actually questioned parts as they decide to check what is permitted, so there is some success.
  5. The main reason for the check in / check out is for demonstration to the DPS, I realise it could have 'some' purpose in the CC also. Now fighting a case with the DPS for a few hundred quids deposit just 'aint worth the effort. A T simply says I don't agree with the LL and now the LL goes through hoops to demonstrate the losses. Even when demonstrated the DPS have sympathy with the T, as does the CC generally. An example is that a carpet is written off after 4 years, how many home 'owners' would replace their carpets each 4 years, if mine don't last 15 years I'm disappointed. So we pay out from our profits for the checks, just to set ourselves up for future efforts. With good T's we have no need of any of these systems anyway, for the bad the systems are biased toward the T. I save the monies I would spend and effectively self insure, these monies saved (from the good and the bad) now go toward the works as needed. When we have bad tenancies the loss of rents are by far the easiest to demonstrate. By the time we have hoofed a bad T often the lost rents are more than we can expect to recover so I don't see the advantage of proving that they have not cleaned or damaged a carpet. As I understand doing our own checks is not desired by those that rule us. I'm open to new learnings though.
  6. Mortitia I think you must have missed a few episodes of this lack of soap opera. Cromptons have taken me to County Court 4 times, well 3 times me and 1 times my Ltd Co for the 5 flats I have in the "dreaded block". This being for ground rents and insurance not yet due. A bit more complicated but that's the essence. Last week they sent me information to say the claims were dropped, but this week the Court sent me information to say the cases were to be programmed at my local CC, either way I don't really mind. Flat 6 is owner occupied by Mr Angry, even though the mortgage is with Mortgage Express and in arrear. Getting rid of Mr Angry would be very reasonable, but I believe would come with a few years penalty if caught, even if I brought in a contractor for the task.
  7. I think you would be surprised Mel. When the area only gives a choice of low value potentials it follows that eventually I must lower my expectations. Having experienced long voids from being choosy, that is not wanting the perceived "where's my rent this month" "naff off or I'll belt yer" scenario there is a point where the lost rents would pay for the anticipated renovations. And let's not forget the 150% council tax , elec and gas bills we all prefer to avoid. Then if the void is prolonged the insurance will lapse. The g'tor is my favoured protection from financial abuse, for £3 I can see if they have equity to threaten in the event. And by taking a credit check fee it causes then to be honest about their previous failings for fear of wasting the fee. Unfortunately my experience of the County Court educates me that the socialist Judge would prefer the greedy capitalist to bear the burden of responsibility where things have gone yuk. In reality the hoped psychological effect has value on a hopefully naive g'tor. I have been deciding on the 2 next to be rented flats in that dreaded block of flats in Wales. Do I attempt to rent with a tidy up, or do I replace dated kitchens and bathrooms. All applicants would appreciate the higher standard but not many demonstrate enough respect to return the property without the soul destroying "I only" amendments they believe to be betterment. The last to be rented to an older chap was similarly dated. He was and is happy with the flashover it had. Now the social services would like to replace the dated bath with a walk in shower arrangement due to his developing infirmity, erm. He's a nice chap but it's not difficult to see where he wont be living soon enough and then the next applicant would likely prefer the shower into bath set up it has now. I lose a fair few possible T's as they come to realise that Mr Angry lives there in his own flat, each week there's a new story about him. Last month he was sprawling on the walkway at the front rolling in his own puke to an audience. Earlier this week he ran from the flats across a main road. Dressed in his house coat and y fronts only. No shoes or socks. 2 cars 'just' avoided hitting him (bloody ABS), across to the other side, stubbed his toe and over on to his face. The older chap watching said the crack as Angry went down made him nauseas. Audience again, Police attended, Ambulance (or Mr Angry Taxi if you prefer) cart Angry off. 15 minutes later he walks back, dressed the same. Obviously he had changed his mind about a trip to A&E. Angry wishes to talk to me about Comptons as they're pursuing him, no surprise there. I've told him that I'm fighting them as their aim is to show a debt of over £350 for 2 years as then they can take the flat. It may not be totally accurate but what do I know? But Comptons are playing up and that will make selling them more difficult. They drilled a test hole to check on the integrity of the near perfect tarmac on the parking areas last week so I anticipate a future battle there. What's next with them I wonder? I envy you lot but at least I can pass some entertainment your way.
  8. I'll be setting up my 1st new tenancy for a while, and I'm aware that there new requirements for us, as LLs, to comply with but I'm not sure I have them all covered. Legislated EPC (if requested by T), gas cert, carbon monoxide detector (for rooms where solid fuel is used), 6 month AST c/w contact details for service (we don't have to provide to but silly not to), protect deposit (I no longer take deposits), prescribed information (if you take and protect deposit), report of faults sheet, c/w contact details, manuals to all LL supplied equipment (hoovers, boilers, washing machines, wall fans.....) Choice Guarantor, with deed, check in inventory (stopped doing these some time ago), electrical inspection (renew at each change of occupancy), smoke detector, clean toilet paper with instruction on correct application. What have I missed?
  9. In theory theft and criminal damage by T's is actionable. Proof is the first hurdle, getting the Police to take interest is another. I reported a departed T who was witnessed by 2 other T's ripping out the co-ax from ground to antenna and off he went with it. There was other damage, abuse blah de blah. He told the Police it was an accident, end of.
  10. If we're going back over all threads since 2006 we'll be here for a while, or maybe just you be Liz - enjoy.
  11. If posted allow 3 clear days 'for service'. Your method of posting can be important also. You've to consider that them Judges are looking for any reason to give the T's the benefit.
  12. I would 'suggest' that your daughter's LL would have the responsibility. I've not heard of a (part) T being held accountable.
  13. .... and today I received notices that all claims have been cancelled. Shall I now invoice Comptons for my efforts to defend?
  14. I feel that you could serve a section 21 for repossession and be ok to go to court with it. But Grampa is more knowledgeable here so best for he with superior knowledge to comment. As I said earlier though there is nothing stopping you serving the S21 and waiting to see if there is response. You don't lose anything and assuming it is correctly served with no bars to its use you are on your way to repossession. I'm curious to know why you wish to hoof the T. Often it's better the devil you know in these situations.
  15. gnes you are confusing the situation for us by running several threads. To reply on 1 existing thread makes the story easier to follow. As is often the case here extra facts become apparent that change the way we would answer. It may be there is still more for us to learn about your tenancy. A 36 month AST is legal but very unusual. You have stated it was taken out a year ago, and also started on November 11th. I feel confused, was this November 2015 or 2014 ? It may transpire that you have granted a licence to occupy if set up by your legal advisor?? My feeling is that you should take legal guidance to understand your situation better. We are attempting to help with something that we perhaps don't understand fully.
  16. It's a shame that if we voice any approval of Enoch we are more often branded as a racist. From interest a while back I listened to his half hour 'rivers of blood' speech and found most opinions of his belief to be taken out of context from what was actually conveyed by listening to the whole half hour. His statements were emotive but really just expressed his concern that being overly PC would cause a failure to recognise growing risks in society. So then I read a short biography. I'm now of the opinion that if we had present leaders with the intelligence and foresight he had we would be far better placed to deal with the rest of the world, and that isn't looking at immigration alone. Sometimes saying the right thing just 'aint nice. If interested https://en.wikipedia.org/wiki/Enoch_Powell
  17. As Grampa has eluded to, depending on the wording of your proposed increase in rent it 'may' be viewed that you have granted a new tenancy, so she is effectively there for another fixed period, probably 6 months. You can still start the process of repossession but may find 'if' defended that a judge throws it out in court (or before). There is nothing stopping you serving the 2 months notice section 21 and waiting to see if there is a response. As usual in this game we the LL's are with little assurance and left with the gamble of trying to follow legislation.
  18. An update. Compton, well one of their many agents, in this case Compton Litigation Solicitors, took out 4 CC claims against me. 3 claims against me and 1 against my Ltd Co that owns 1 flat. The claims were incorrect in their detail, so of course I defended. A detailed claim received a detailed defence x 4. All claims sought monies in advance, all leases state monies in arrear. Claims for insurance for the 1st period that Compton failed to demonstrate when asked (required by lease) and claims for the 2nd period that had been demonstrated but not yet due (as in due in arrear). Claims for 8% over base interest, lease states 4%. Well over doubling of monies (not yet due) for charges by the Solicitor and the insurance arm of Compton. Original claim states preferred Court to be in Defendants home location, very nice so I agreed in the defence questionaire. Today I received detailed response(s) to my defence(s). Citing my abuse of court process. My complicating beyond recognition in attempt to confuse, and requesting the defence be struck out (a new one on naive me) due to the defence having no reasonable grounds. Oh, he now wishes the Court to be in Swansea. This afternoon Mr James Mc Carry LL B (Hons) returned to email as a preferred communication tool. "I write further to my earlier message to confirm in relation to the insurance claim that I have decided to discontinue this part of the claim in the court, and also requested that CIS send you a new invoice post 25th March, and a copy of the Insurance Certificate. Once again I have to apologise for the error that has been made with the insurance claim, and for the inconvenience caused. In relation to ground rent the record shows that no payments have been received and that there remains outstanding the half yearly payments for 25th March and 25th September last year of £12.50 each amounting to £25. Again I have to say that confusion existed with the question of payment in advance when payments is in arrear as explained in my earlier e mail. I request that you please make payment of this £25 whereupon I shall discontinue this part of the claim, otherwise the case will have to remain as a dispute. Upon payment it will mean that all of the claim will be discontinued. I prefer to write to the court to discontinue the whole of the claim rather than have to write to the court separately in relation to each, and hope to do so next Monday so as to inform the court either way. I think you will agree that it is in both our interest for this matter to be dealt with as swiftly as possible, and I look forward to hearing from you. I await hearing from you." He still can't get it right. The payment of the 25th March this year is the only outstanding payment(s). Tother payment is actually 29th September of any year. I owe £12.5 x 4 (£100), plus £117.06 x 4 for insurance. All other due payments have been made, apart from that due by my Ltd Co as the Co hasn't been informed of the change of Freeholder I feel I deserve compensation for my efforts required to defend very clumsy claim(s) so replied "I thank you for your email. Realising that I have disadvantage in this arena of litigation I have sought further legal guidance on the matter. To have reasonable opportunity to recover my losses due to the efforts involved it would seem that referral to the High Court would be required. The costs would clearly soon escalate so I been considering the matter more carefully. I do hope and look forward to reaching an understanding regarding finances that should correctly exist between us so that the future shall be less troublesome. Regards," I do feel he would look very silly in a court room.
  19. Out and fast. Allah is their God, Khafir is a non believer. Any Muslim that expects our woman to be walking 4 steps behind isn't for our culture. As said wait for the opportunity and bags on the doorstep. If there is evidence that he's a T for the rest of the week I can't see your exposure being too great. Report the assualt to the Police.
  20. My view is that your Solicitor is correct in pointing out the risk of proceeding with the S21. But you're on a full management contract with the LA, even with disclaimers that may be within the contract they must have responsibility for poor advice. I assume you were charged for the service of the S21, so what do you have for that service so far?. I would consider writing with your concerns to the LA and push for a non ambiguos reply. Often these things sort themselves out without court involvement, but if rejected by a Judge I would be looking for compensation from the LA. That ignores the stress and renovations that may be ahead though.
  21. A judge 'may' think differently. Not totally correct in law but we are supposed to be able to access for inspection with 24 hours notice. You can always apply some gentle persuarsion that way. What I do more often is to write to infrom that works will start on ........., and continue until works are complete. They can always request what the works are and then you can decide what sounds right. Just be careful not to deprive them of services, so decorating is reasonable. Access can be denied, but then you might choose to attend when no one is at home. Keep batting the ball into their court, most are too lazy to bat it back.
  22. Be careful using the S8, there's too much wriggle room with them. A claim of disrepair may well gain an adjournment for reports. Wait till you have possession and issue a credit for the unpaid rents, show that on your accounts and it isn't then seen as revenue for taxation. You simply post it to the last known address (if you feel you must, noone would be any the wiser anyway).
  23. ....and it can affect any HB claim. According to Shelter the tenancy isn't surrendered until the keys are returned to the LL, posting through the letter box isn't considered appropriate either. The way I view this is that they are still in possession until the keys are returned. As legislation states a T must serve a minimum of 1 months notice, ending on the last day of a tenancy period it follows that unless formal notice has been served that the notice period starts at the point of surrender. I do stand to be corrected Grampa. But as said, now try and get your dosh. That's more tricky.
  24. I like the suggestion of bath repairs, there is a bath that needs this. Now a T reports a fault in writing. "Dear Mr LL my boiler is faulty." 1 T reported this to me when he thoiught his bills were too high. "The lounge lights don't work." They won't until relamped. "There is a bad smell from the kitchen." That'll be the rotting food in the bin. "The man below makes too much noise." Well stop bouncing up and down on his willy. Sorry for the ongoing cynicism, it's just that pretty well all reports of faults from my T's will have no value until there has been some discussion to understand properly what the fault really is.
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