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Carryon Regardless

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Everything posted by Carryon Regardless

  1. While we attempt to satisfy T's 'issues' at speed the efforts, in my cases, are often not appreciated. I have had many silly calls for issues that could easily be resolved by more thought on their part. My contract states that all defects need to be reported in writing, and on some occasions that has been my vebal response to a T with an issue. An example, same T with the coax problem above, complained that the electrical system was unsafe due to a socket being sited too close the the cooker. Actually it is the cooker control plate c/w socket and is correct to IEE regs. She had involved the Housing Enforcement Dept, who informed me when I rang that they felt no need for action. My response to the T, over the phone, was for her to put it in writing. I would then organise an electrical inspection, the result of that would determine who had responsibility for the cost of that inspection. Of course this also would provide evidence for a court should this escalate. Actually the Lady was now involved with a chap and it would seem would prefer to be released from our 10 week old contract and move in with him. It looks reasonable for us to employ the policy of accepting only written claims as then any later T claims of LL negligence could be shown for their accuracy, or not. It is generally accepted that a T should inform the LL twice of a defect, in black and white is the only reasonable and demonstrable way I see. Following the LL not responding, or in the event of an issue being more urgent a T can always authorise rectification themselve and deduct 'reasonable' costs from the rent. Imagine us one man band types being away for a few weeks, on our 45 metre luxury yacht for example. While it is feasible for us to provide contact details for preferred tradesmen all events can't be anticipated, all tradesmen can't be gauranteed to respond. T's must accept some responsibility for the running of the property they live in. To contradict, it is unfortunate that most courts will view us as the ultimate answer to all claimed problems. We try to evict through the S8 route and an obvious T ploy is to claim disrepair, even though the problem has never been reported, and a written claim would demonstrate such, a judge will happily adjourn for reports. I'm sure there is more legislation to come that will increase our risks. Do we make ourselves easy targets by pandering to some T's?
  2. Amen to that. A call from a new T saying she was unable to get terestrial TV. Although I've disclaimed responsibility for such things in contrct I said I would attend the next day. With enough gear to resolve whatever I drive the 80 miles to the flat, and the Lady is nowhere to be seen. As it hasn't been mentioned since I guess she tried plugging the coax that was coiled in the corner instead of utilising the old coax socket on the wall. Another T lost his key so I posted mine for him to recieve at a neighbours flat the next day. He agreed to pay the £11 postage. He wasn't there to sign on the Saturday so the key went to the depot. He collected on the Monday but by now the lock had been glued, strange coincidence maybe. He expected me to pay for a locksmith and of course the £11 didn't arrive. Actually the list goes on. The pity is that while giving the undeserved the attention those that do deserve suffer, and that includes me and mine.
  3. A couple of days ago I tried something a little different. With years of collecting between the rest of the house there were well over a hundred DVD'c and CD's, many duplicates, many still as bought, unwrapped. I took them down to the sailing club in a couple of boxes with a lable for folk to help themselves. In a couple of weeks I'll take what's left to the charity shop. Some larger items go on Fleabay for collection only, if I get enough for a pint of Guiness it's worth the effort. A set of wheels and 2 part worn tyres got me £150 last week, hic.
  4. I've been reading the new prescribed S21 form. It states a LL cannot use this form where the EPC and gas cert have not been provided, as well as the 'how to rent' booklet. So I have decided to use my old style S21(4)(A) form, but in the 'expiry of this notice' section "After the expiry of this notice. Or the last day of a period of the tenancy next occurring following expiry of this notice." I have deleted the wording in red, as this no longer applies, so as a 'savings clause' would serve only to confuse and allow for a defence following my execution at an earlier date. If I understand correctly we may, at all future times, still continue to use older style S21's for tenancies created before 1st October??. That will cause confusion in future court applications. My flats, as with many other properties, have no gas supply. The new form ( prescribed for tenancies started after Oct 1st) does state the LL needs to provide the EPC and gas cert. The 1st point here is that previously we had to make the EPC available when requested, now we need to provide. How to get a gas cert on a property with no gas is a bit of a problem though.
  5. Since October any S21's already served, and older than 6months are now useless. I've to serve on a T although there is a historic and now useless S21. I read I've to now use the prescribed form. There's no issue with deposit as that was successfully reclaimed by me some months ago, with T approval. EPC in place, and less then 10 years old. A bit ambiguous in that I'm supposed to have a gas cert, for a property with no gas. No written complaints of property condition and no actions by Housing Enforcement. Allowing for 3 days post I can cite any date for notice expiry 2 months on, now ignoring rental periods. Am I correct with that lot? Is there anything else I've to consider? Beside wishing the departing T a happy Christmas that is.
  6. Although I read of the latest property boom it seems to me that the migration effect hasn't got far north yet. Last year I saw reason for optimism in that there had been an increase value trend to most of my properties. Over this year it looks to me as though they have fallen back again. I use Estate Agents sale prices as a giude, as let's face it their motives are to push prices up but that doesn't mean a sale. A comparrison to their wishes histroically can show a refelection of any trend. Then I take market attitude from the number of sale boards on display, and more significantly for how long. Many new boards, to my mind, is a reflection of the many that are waiting for the market to be ready for them and believing it is. I don't follow all properties progress as I've other things to be getting on with but the actual sale prices as gained from LR information gaining sites is perhaps the most relevant. It's a few months before seeing the updated info but a good guide. I generally look at comparable properties that are very local to mine. Properties will buck the trends due to condition or personal situations but with enough examples a trend can be percieved. I used to track stated regional increases but I'm not sure it will reflect my situation until my local market's gain some excitement. That migration effect should come but it'll be a while methinks. When it does it will also be dampened. I likely reason is the employment situation. Clearly buyers need an income, a job for the home buyers. Before they can afford an expensive house they need the income to support the mortgage, My areas tend to be higher unemployment, any employment tends to be low paid. Investors don't need to pay higher prices as the market is still offering lower value properties. Also rents aren't as the media describe, I charge £402PCM for a 1 bed self contained flat, with offroad parking, My 3 bed semi's fetch £585pcm again offroad parking. These revenue's wouldn't support investors taking interest in higher value houses. Our own home has always stayed ahead of any northern negative trends, and seems to be doing that now. The rest are generally only good for revenue, and keeping me busy changing nappies. I've been busy at the flats with the ongoing social issues. Soon I anticpate 3 voids, possibly even following the upgrade / repair / do it up again works so I've renewed interest in looking at my options before one of the clowns puts me in hospital.
  7. Well RL you seem to criticise most that come here for assistance, and your lists don't look like giving sympathy to the down trodden. It would seem that those remaining will not be requiring help. Now as you will be aware of much of my history you may remember that I have given many thousands to charity, that charity being tenants, not voluntarily admitted but it is still a hell of a contribution. To offer more assistance to an organisation that I view as corrupt 'aint gonna' happen. Actually that seems to be a trend with some charities. They don't have concern of if those that donate can afford and much goes to provide improved situations for those that are already doing ok by the standards of the people they pupport to be there for, the organisers. It's unfortunate for the geniune charities that telling them apart takes effort. My problem is that it is increasingly difficult to touch anything these days that isn't corrupt. Fed down from above there is too much emphasis on revenues and not the quality of life, but that is a whole new debate.
  8. Like Grampa I have only experience in the 1 court, There they were actually decietful and used sly tricks to make their clients point. I have much experience of the biased advice they give T' and ex T's, wrong advice and with no consideration to the business of the LL, me. When this has the the effect of causing me more aggro and can cost me money you're bloody right it's personal. As for these comment's not being on a forum it is exactly the place they should be, so others might be fore warned when the name Shelter is mothed as a swear wordby a disgruntled T. I will continue to state my negative opiions clearly. I will also defend my statements as factual. They encourage abuse. By their actions with one tenancy they will cuase further issues for the next. One saving grace is that the applicants that have employed their services invariably want to tell me without realising this is as good as saying I am a future problem for you. I like Grampa beleive that if Shelter were to work with LL's much better progress could be made. The better way for this would be to educate their clients that when they are gits they know it.
  9. Didn't realise you could be wrong RL. And you are correct I have a severe dislike of an organisation that purports to be righteous as defender of the ill treated. They will advise and act in a T's favour even when the just action would be to tell them of their wrongs, from experience. Don't know if this is still on offer but I used to get so many applicants offering the Shelter bond. As Shelter will take a T's word as gospel it would have no value. Shelter have no credibility with me.
  10. Yes Shelter, or more accurately their representatives get it wrong, and often in my experience. As above I've manipulated my tenancies to default in a 'periodic' for each period to be any calander month. Shelter first advised a departed T that the period commenced on rent payment day (the 20th), the 2nd time it was the anniversary of the 1st day of contract (the 7th). You can imagine the same T insisted they were correct but I could never understand which was supposed to be correct. Often Shelter tell my T's they only need serve 4 weeks notice. Really these clowns aside from understanding the legislation need to read their own web site. Wannbee Solicitors that just make life more difficult for everyone.
  11. Yes RL I had read similar. Some time ago I noticed the Shelter website states the 4week / 1 month rule, unless the contract says a T must give more. http://england.shelter.org.uk/get_advice/private_renting/ending_a_tenancy/ending_a_periodic_agreement A bit of a surprise and useful for court I would have thought.
  12. My AST's clarify with a statement "Should Tenancy continue beyond the term of 6 months the terms and conditions shall continue as a ‘Statutory Periodic Tenancy’" Am I correct in thinking that all I need to do is replace the word 'Statutory' for the word 'Contractual' and that covers it?
  13. I aim for a home owning G'tor. For £3 I do a Land Registry check on the G'tor. From that it's possible to see if there is equity, if I have doubt I request sight of their latest mortgage statement. A search for CCJ's is more than reasonable but that often doesn't show an abusive financial history anyway. With the T I am more interested in their domestic occupancy history, too many recent moves and the bells are ringing for me. I take a credit check fee, they all sign approval of my checking them out. I expliain that they are better to divulge adverse history as that may save them wasting their fee. It's often at that point they stutter some and explian how it wasn't their fault. It then depends how fussy I am feeling I should be (length of void, quality of my property) as to if I consider further. My applications will show employment, makes clear animals need be divulged for approval, details expected occupants / regular over night visitors.
  14. I hadn't considered the different angle RL. I can see 5. Surely 4. contradicts 2. Also I'm trying to see how 4. is relevant.
  15. If we change use of our own home and start to rent it out is that considered a purchase liable for stamp duty? I don't think so. There would be a saving if as BTL LL's we do this on a few. I don't actually have interest on more prblems, sorry BTL purchases, but it's interesting to see if the designer has foreseen this.
  16. You're right of course, but that is the Captains job. My other boat is 16'2" and I can 'drive' that, but not while sipping Bollinger
  17. Hole in kitchen door, kitchen drawer front in 2 halves, smashed case on both fuse boxes, front door panel smashed from inside around letter box, carpets ruined, 2 witnesses to T pulling coax from full height of building and leaving with cable, more I've forgotten about now. But since I've taken to not carrying out check in / outs I have to live with the risk I took. Apparently the coax was an accident according to the police, in other words they went through the motions and weren't really interested. There is no point in me being over emotional about this and "moving on" is good advice, but I do get p-ssed at the continual abuse never mind the massive financial losses. But as all us Landlords are millionaires we can afford it. Written by my personal assistant while I laze in the Jacuzzi supping Bollinger on my 42 metre yacht waiting for the 'copter to return so I may pop in to Saint Tropez for the evening.
  18. I've already had a face off with the bf and another when they were totally smashed and tried to rule it over me at the flats. My botty was definitley twitching but they backed down 1st. Don't have a dog and live 80 miles away - but you never know what confidence he'll have in approx 4 years when he gets out. Food for thought though.
  19. Yes Julian that's close enough. While I'm not sure she is branch manager, apparently she has the title of manageress. Possibly as business development or that type of thing??? As the T's crime is just about the lowest, the type that has had him scalded twice I could certainly embaress her at work, She seems to be standing by his claim of innocence so any sympathy is questionable but I'm not sure I would wish to stoop to this. Aside come court day it wouldn't be difficult for a tearful lady to have me look like an evil harasser. "Do you know what her boyfriend did" isn't a relevant response for unpaid rents.
  20. Thanks Grampa, that is appreciated. I'm sure you can imagine it's not the response I was hoping for, but if that's the way it is then there is another one I must take on the chin. However, There is a common practice of serving a S21 at the start of a tenancy. I appreciate the legislation changed in October and from that some may choose to re serve each 6 months. This begs the question of what would ever prevent a T from handing back the keys in a SPT at will, no notice to us as we have served notice to them? Even though we have no right of repossession w/o court involvement.
  21. I seem to remember that Grampa clarified this one some time ago but I'm unable to find by searching. Most will remember some of my issues at my N Wales flats, this one related to one of the issues. A male T was supported by his girlfriend as G'tor. Some time later she sold her home and she moved in with him. I was requested to "put her on the AST" but refused as there were arrears and anyway no advantage to me. Liabilities would have remained the same. Later and the Police requested I move on this tenancy to make things easier for them, so I served both S21 and S8 notices, by hand, witnessed - 30 May 14 (S21 expired "After July 31st 2014") T's returned keys and surrendered, without notice to me - 20 July 14 They moved just 2 doors away and continued to be gits. I approached this using a full on approach to show sincere intent as I don't actually have desires to actually use S8's, but it may have been handy to have the possibility should things have deteriorate d more and I wished for a faster execution of repossession. Never any suggestion of a defence to repossession but T did play awkward with return of deposit, but I got that anyway. Total outstanding still at over £600. Not life changing but from a business point of view if I am able to recover it would be nice. As the whole saga was abusive there would be satisfaction also. A short time later the T became a guest of HMP for 8 years, the G'tor still lives as a neighbour to the flats. The G'tor holds a manageress position in a high street bank so there is some ability to pay. I started the process by sending her the statement and a letter of "pay by" "or I will take legal action". A written response was recieved which assentially says as I had served notice and they had departed prior to notice expiry rents are paid up. Prior to progressing further I wish to cite the legislation correctly and go for the claim through MCOL for August 14 rents + a few bits, assuming the Lady will not pay up. All help appreciated.
  22. I always use my own AST as it is what I am familair with. I forget where the original came from but it has evolved over the years to include many things I've learned here about changing legislation and experience of others. The danger of using google found template is that it may not cover things that you may not think to add. A couple of examples are how to deal with abandonned belongings, clarifying that proof of postage is seen as document service. My AST is as much an attempt at educting the T's as to their responsibilities as it is hoped a Judge will treat it as a legal document. I don't entertain a tenancy without a guarantor, tied in with a deed, these days, but I don't take a deposit either.
  23. I never get the payment made for specific dates scenario. Certainly when HB is involved and / or late part payments made the confusions will soon arise. Surely a statement should / will show the date a payment is due, and the amount, any payment date and amount also shown, the resultant balance, being the difference plus or minus, is then clear. RL is right it is their problem, until they don't pay. If you go for a new contract you don't only have the faff of the deposit but the g'tor (if you have one) needs to sign up to the new AST with a new deed also. In my case 'all' rents are due on the 20th but as long as they're in by the 1st following, ready for my mortgage outgoings, I don't fret too much. I do remind if it's still unpaid by the 25th though. I also have choice to apply a £30 penalty after the 25th.
  24. I'm guessing there is no g'tor. Departing mid fixed term would normally result in a negotiation to release him from his responsibility. Do you have any tactics for persuasion? Is he employed? Would he be concerned about a CC judgement? Where I see a T (ex T) has nowt to lose and likely is already being pur'sued' by the likes of council tax, mobile phone companies, Sky...... there becomes little point in hoping for more dosh as they just don't care what happens next. This guy does sound to have some consideration though, there is hope. RL, like you I've left properties mt rather than take dross. The longest was 18 months, 3 agents failed to present any feasable candidates. In the end I realised that I would likely of at least taken enough rents to cover possible damage, even if only HB. Also I would have saved on council tax and some utility bills. The present T has no g'tor, his daughter moved in with a dog on my new carpets. She also has b'friend sharing the bedroom with the dog also. The T's brother sleeps downstairs. They don't have a clue about cleaning, the condensation in the daughters++ bedroom had paper peeling so I clad in plastic. Rather anyone else but me but it is me. Oh, and the local council cost me £800(ish) for pointless selective licencing and 'require' me to attend one of their courses to teach me how to be a LL. Anyway the rent is regular (fingers crossed, touching wood and turning anticlockwise while looking for 2 magpies), the utulity bills and council tax aren't my problem. He and brother continue to work and I guess the total coming into the house (some HB I suppose) makes my rent manageable. They've all been there for 18 months. It's crap but it's better crap than them not being there. I bought very well at £42K (Jun 05), remortgaged to £56K in 07, the values dropped to £27K by 2010. When the values rise above my mortgage balance (% only) I'll sell, but I'm still waiting. The values have fallen again recently.
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