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Carryon Regardless

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Everything posted by Carryon Regardless

  1. Rather than affect rents if so many LL's find themselves needing to sell the effect will be on property prices, until things level out.
  2. Its 6 months or so since I last looked at 'my' property price increases, they hadn't much and some maybe dropped over the previous year a little. My gut tells me that they haven't risen since, but I hope for a nice surprise. The forecast continued low interest will encourage some purchases both private and BTL. The continued attack on BTL's by legislation and tax changes will obviously offset some of that. The cash flow will clearly become more critical as interest rates do rise. As I imagine there will be many that are still in negative equity due to remortgaging pre crash when money was thrown at us, and they being in areas that aren't seeing the property boom that I read of, some may fail. But when rates do rise it is likely to be gentle as the B of E monitor market effects. This year I've increased my rents by 3.6% on average, I seem to be getting away with it but as I've 3 just come empty we'll see what the result is as I re let. Last year I increased by 2.2% avarage.
  3. I have been up against Shelter a couple or more times. In the CC the judge definitely gave bias to the defendant and even entered into some personal type dialogue with the Shelter rep after the ruling. That's not relevant to law but demonstrated a lack of respect for the injured party, me. I expect to be in court with Shelter acting on belhalf of some one again some time. I would have thought quoting Shelters own website statements, even if possibly vague, would have some value. Now more important is the validity of insisting on recieving notice of departure at the end of a fixed period, I've found it difficult on occasions to get inside a T's head. They wish to go, well we can't stop 'em. Then what we can charge is the question I raised. My present situation. A T of 2 months served notice of 4 weeks, I wrote to say you are free to leave but are responsible for the fixed period. She had taken up with new chap and it seemed would like to live there instead but rather than say so attempted to involve the Housing Enforcement Officer regarding what she stated as dangerous electrics. The officer had no interest to persue. 6 weeks later she served notice again, this time citing health reasons. Today was the last day of her fixed period and I was expecting her to go. Yesterday she texted from an unknown number saying she had left and what to do with the keys. It does get a little tiresome not only changing T's nappies but having to continually educate a 40 odd year old lass is ott. After a few more texts to and fro with I not accepting such as reasonable communication of surrender she rang, "keys in my possession indicate return of possession, preferably with a signed and witnessed surrender document" (I provide a form for such). I not being able to accomodate a handover till Thurs means she is then into a SPT. Too dumb to realise it makes no difference she will now post recorded. I recieve this say 2nd March it effectively is her notice in a SPT. Notice is minimum 1 month ending at the end of a rent period, that becomes 30th April. She now owes 2 months extra rent for not informing me of her intent and arranging a hand over, or similar surrender. Should I?
  4. For a long while I've been of the understanding that a T can leave before midnight on their last day of a fixed term with no notice to the LL being required. However I'm finding some interesting contradictions to my understandings generall y when I read Shelters guidance following google searches. Their own site does say a T can just go, unless the AST says otherwise and requires notice. Of course that's preferable for us, and if valid it's worth us having such a clause in the AST. Bottom of page http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_fixed_term_agreement I have also read within Shelter's site that we can stipulate longer notice periods in the periodic tenancy. We might choose, for example, to require notice form a T to falls in line with that required by us - the 2 months. http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement We all know that legislation over rules anything we may wish to put in our AST's and I believed it did in these cases but reading the legislation can leave my brain in twisted knots, and it would seem it does for those more capable hence our courts being so busy trying to unravel the confusions.
  5. What's the company RL? It is likely more of us will have them as freeholders.
  6. Thanks Rachel, I guess he is saying that recorded delivery is tracked along it's route from a man to a man, who dirves a red van, and through the warehouse..... Was this point of defence raised by the defendant or did the judge act as defendants agent? He doesn't trust the reliability of our postal system but I don't trust the reliability of our court system that promotes open abuse. But I've recently recieved 4 Compton claims from the County Court, just posted, no signature required. If I were to try saying they didn't arrive I'm sure there would be no sympathy.
  7. I totally agree Melboy, but some of the things we read about here and other places seem to contradict reason, common sense and even a belief that we are running an honest business. I sometimes wonder if it was I that told Eve to eat the apple but just can't remeber it. I still intend to go forward with my S21 repossession claim with only my proof of post, no signature required by design. It has the post code and also the actual flat number. It doesn't state the tenants name (but git wouldn't look so good anyway). I still don't see the lack of evidence in that so I'm looking for some enlightenment. Actually I've said before that what ever type of formal evidence we provide there has to be some assumption that what was in the envelope was actually what we say we sent, and that it arrived in a legible state.
  8. To follow on from the present 'Problem Tenants Won't Cooperate' thread posted by Rachel09. For years I have used the proof of postage, no signature required, method of serving my notices. I hadn't considerd that unsigned recorded mail returned by the P.O. would suffice as proof of service, here I would have thought a T claiming to be away from the property for that specific period would be a defence of 'no service'?? Rachel has posted that the Judge in her case refused to accept this as proof of service at the hearing of her S8 claim. I am due to go for a repossession (S21 notice expeires 23rd) and used the proof of postage method, so here I have interest to know if this is becoming a common situation. Rachel perhaps you could enlighten; Was the proof of service challenged or did the Judge decide to act for the T without an objection 1st being raised? Was there anything else here that may have caused the Judge to doubt correct service? It will certainly be beneficial to me to understand if there is now a new risk and I suspect strongly many others will benefit too.
  9. V sorry to hear of you woes Rachel, from experience I know the stress you are under. A shame this is just shrugged off so easily. For years it has been a common practice to serve with proof of postage for the reason you state, and I have had success with this method and was undefended even at hearings. I generaly did follow up with the same through the box also though. So as not to confuse (hijack) this thread I shall start a new one. Good luck, with our courts you bloody need it.
  10. I thought I had read it some where. https://www.gov.uk/guidance/assured-tenancy-forms Form 4, last paragraph 18. The way I interpret that is that we can only apply the rent increase, following 1 months notice, to not only be applicable from the 1st day of a rental period but can only be collected then. My view is that once a T has paid the 1st increased payment on the day I've originally contracted for (the 20th (ish)) then they have agreed to an alternative agreement then legislation dictates. The likes of Shelter might not agree with my view though.
  11. Issue a section 13, I would send a copy direct to HB with relevant HB numbers referenced . A months notice is required, http://www.legislation.gov.uk/ukpga/1988/50/section/13 Unless you have a chat and agree otherwise regarding dates (Section 4a). To confuse I have read much more complicated information on the net recently that states rent can only be collected on the 1st day of a period of tenancy following a rent increase. The legislation in the link doesn't seem to support that satement, any thoughts Grampa? To explain, my rents are all payable on the 20th to be cleared in my accounts ready for mortgage payments the following 1st. In practice the slow banks and late payers are often later than the 20th but by the 26th / 27th It becomes reasonable to chase 'em up for my dosh. All my periodic periods are a complete calander month.
  12. It's sealed and inaccessable so maybe it does condensate, there is no indication of it though. Another risk of course is that of the plaster losing it's integrity and the whole cladding coming away. Touch head and all that.
  13. A bit more involved but I've had success by using the plastic wall cladding, to ceilings also. 2.5 M x 250mm legths, 4 for around £40. I use silicon sealant to adhere it. I had concern that it would be easily damaged by T's but it seems to be holding up surprisngly well. Faster than tiling and better thermal insulating properties. The B&Q / Wickes stuff I've used to date doesn't have the quality appearance of tiling but recently I've sourced some high gloss panels that look far nicer.
  14. I used Discount Landlord for some this year. The policies are with Liverpool Victoria and seem to fit the bill well enough. In all the transaction was easy enough and the prices competative.
  15. PAD4U did ok for me 4 years ago, the T's are still in place .http://www.pad4u.com/ It was initial interview and introduction service only for me, but as can be unusual they listened to my requirements and adapted to suit. The property 25 miles from me and a few miles from their office so I wasn't sure they would come up with many applicants, they eventually did and better quality than I expected from my usual hit and miss Manchester Evening News or Ashton Reporter advertising.
  16. A bit more than the '10' minutes. We learn this dros and then it turns out to be wrong and is amended. The amendment has confusion because it applies to only part of the AST situations. We think we have done as we are instructed until a case goes up the courts and shows how wrong we all were. And at the end of it all, we are the abusing, incompetant wrong doers. By 'eck I'm glad it's Guiness night.
  17. Is this a small print situation, house maybe commited to Scot Power for 10 years? Stuck on higher energy tariff? Even so if the T is paying I wouldn't find the time to worry about it.
  18. My contracts state that repairs must be informed in writing, of course they 'never' are, it's a call , text or comment in passing. For us to demonstrate service of a notice we have become aware of the need for record of dispatch or (not so useful) recorded delivery. It follows a T should use similar methods to report to us so they can demonstrate the action if needed. It bugs me that come a S8 hearing a T states disrepair and a judge will adjourn for reports rather than ask "how did the LL become aware"? Here we are again with more responsibility for us to show absolute correctness when T's can shrug shoulders and say "I didn't know about that" when they have all the same methods at their disposal for educatioon that we do + Shelter + CAB + Housing Enforcement Officer + sympathetic judges. And bear in mind that civil law comes down to the balance of probability, proof positive is for criminal law, seems the civil courts have become confused about that. Belly ache over. Aside from the fact that the RL checklists are getting longer, and with it the increased chance of us missing something that could have the result of being very expensive if this is what's needed well here we go AGAIN. I can't think of another industry that has become so designed to leave the LL at such risk for innocent ommisions.
  19. Go to the property and post a notice giving 24 hours notice of what ever works you wish to detail. The works to continue until complete sort of thing, maybe decorating. Provide contact details on the notice, keep a copy and record the event. 24 hours later enter and start the works. Leaving steps and tressles in considerate places, not paint that might get used for negative purpose. You will learn soon enough if people are living there. You are not depriving the occupants of their possession. You are not preventing their quiet enjoyment of the property as you are carrying out quiet works during reasonable hours. I assume you have a key to your own property, if not drill the lock, fit a replacement and post a notice on the entrance door of how 'they' can obtain a new key. After all you have done all you can to make contact and these works have been programmed for some time. BTW you can't lawfully enter if specifically prohibited by a lawful occupier, but then you have your answer anyway.
  20. Don't hold out much hope of Police or local authority assistance. Under staffed, over stretched they generally patronise in hope the problem goes away. I assume the abusive neighbours aren't your T's? You might also consider that your T is being creative. I've had many such complaints, some reasonable but in some cases the complianant would find the seaguls on a desert island too noisy. Nowadays I try to find discreet ways to learn the truth, talking to other neighbours can be useful. If I can control I do, otherwise it is an envornmental health department issue.
  21. I've got to ask why you're asking. If you're aim is to start managing her life you will be taking on more than you realise. In 2 weeks she should have the amswers to this already, the application for HB should be in as they won't back date without special reason, and not knowing / laziness 'aint one of them. At 22 she will be considered for a shared room allowance, a reduced payment in effect. In fact if you do a web search it should detail her intitlement. Then there is your being able to recieve it directly. this has added risks to you. She may tick this option, otherwise you can't claim it until she is 2 months in arrear. Is there a guarantor?
  22. bil I'm with you with the needless interfering opinion. I've considered incentives like refunding a bonus at Xmas to those that keep an ideal payment schedule and look after the property, but it's a deposit. I even used to take rent 2 months in advance to cover the risk of repossessing after abandonment instead of a 'deposit', but as it's not the norm I could see risk of Shelter or such claiming that to be a deposit anyway. I'm just lazy now and don't take a deposit and can't see a no risk way of creating incentives apart from threats to go after a g'tor.
  23. What happened in 2008, wasn't that a bit of a pop I heard?
  24. bil, you're taking a deposit each month. If you are "looking after it" it isn't protected, unless insurance backed.
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