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Carryon Regardless

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Everything posted by Carryon Regardless

  1. He is liable for rent till the end of the fixed term, unles otherwise negotiated / agreed by you. More often unpaid rent is greater than the deposit and easiest to demonstrate. You may claim all costs and losses from the deposit but can often find there is a biase / sympathy for the T's case / defence of claim. The unpaid rents are much more difficult to argue by the T. The rest you can claim in the county court but very often just 'aint worth the effort, extra expense and risk of the poor chap crying for the judge. Items as a counter claim, should Mr Ex T claim for the high value of his goodies ++++, might well reduce or offset to zero. Do all you can to show you have tried to contact the T. I would wait to claim the deposit as I see no rush. He may attempt to claim it 1st in which case you have opportunity to dispute and also then you have evidence of surrender. 'If' you are being set up as you suggest you do need eyes in the back of head and need tread cautiously. He has a massive advantage here.
  2. If you're sure the T has absconded it makes sense to turn the property round for re-let, but try to gain evidence that your assumption is reasonable. If you change the locks now the T needs to make contact to gain entry, post a clear note on the entrance detailing how to make contact for re-entry. Take a photo, dated. Contact the council tax and utility suppliers to see if the T has relinquished responsibility, in his mind. I learned recently that if the T still has belongings in the property they remain resonsible for council tax until the situation has changed. I gave the date of re-let. This of course may be the choice of the authority. Find out if neighbours have witnessed move out style activities. As said this is where a guarantor can really be useful. As they become aware that they now have a finacial responsibility they more often unearth the T. Contact with family members can be good also. If nowt else returning the belogings to a relative is an option, if not deemed legally correct it would do for me. You problem can feasibly be that when re-let the ex T appears and claims to still have legal possession. You then have responsibility to house both, in theory. Now consider the value of any claim possible by the T and consider how to build your counter claim in the event, unpaid rents, repairs, costs as might be valid(ish). Your right to recognise that this game is one that becomes more difficult to win. Bloody politicians and do gooder organisations.
  3. Totally agree, no contact until you are absolutely sure of your position. That is know your strenghts, powers and vulnerabilities first. As you (well your daughter) might be part of a set up more than you can be aware of yet consider the deceits that you might fall for during a face to face. Our police and courts don't generally sympathise with the evil LL. We are hopefully a help but as said it is likely you need some specialised advice. You might even consider options such as paying the Poles off, or even taking them over as T's. A caution in either scenario is to consider the possibilty of the original T reappearing and claiming illegal eviction.
  4. OK so reading agsain, it would seem that there was perhaps a 12 month AST, that rolled into a periodic in January this year?? We are still unaware of any relevant terms within that agreement. A restriction to sub let is fairly standard though. As we know all fair terms within the original AST remain applicable during a susequent periodic tenancy. As I read the comment about the deposit I would have thought that the deposit in question was from the Poles to the original T (their LL), as unless this is a conspiracy againt the OP's daughter the Poles would have no need of knowledge regarding any original tenancy and deposit. I have considered that here may be a set up designed to take further advantage of an unwary LL (the daughter) than she is likely to see. Even so the Poles have been granted a right to occupy this to my mind doesn't catagorise them as squatters. I don't imagine the Police would have interest unless the Poles claim harressment or illegal eviction. Any claim, to my mind, is now between the daughter and 'her' T. I do think this has value as a debate as any of us could be caught out this way. Taking no action for 4 months has no relevance to that, in my mind.
  5. If there was no written tenancy agreement from the outset then there can't be a restriction cited to say that the sub let isn't legal. It may well transpire that the Poles have a legal right of occupancy given by their LL (the original T). Could this become more complicated that stated so far?
  6. 'If' you have a g'tor or indeed if the T's are with good financial history and ability pointing out that all court / eviction expenses will be ultimately theirs can be a pursuader.
  7. If they leave of their own accord at the end of tenancy then ok. But the only legal way to hoof 'em if they don't go easily starts with a S21 or S8. The S8 can be clumsy so serve a s21 as soon as. Read up to be sure you do it absolutely spot on, there is no tolerance of errors come court time.
  8. RL I nearly applaud your keenness to assist our immigration authorities, personally I don't feel adequately trained and qualified to be an immigration inspector and would prefer to let the gov't worry about these things. It's possibly going to be expensive if my ignorance causes me to get it wrong.
  9. How do you folk credit check internationals, EU or otherwise? How can any reliable history be obtained? As bil8999 I have found that when the times become less attractive for the internationals they're offski. How do we chase them to another country for recovery? Of course we might insist on a g'tor, even a higher deposit. But the risks are higher and somewhat increased further by there being different cultural values that we may not have understanding of. "Sorry I can't credit check you," is my usual response.
  10. Your forum needs you (imagine pointed finger). Happy to do my bit RL. Permission to go on holiday for a couple of weeks (well 17 days) from Friday?
  11. 3. Let them provide their own fridge. They will have more respect for it then.
  12. I've installed programmable stats to a good few of my properties. In truth they only offer disadvantage to a LL. Some are too complicated to programme for many T's and they generally resort to on / off control of the heating, As LL I need address any isues of lack of understanding not likely with a cheap rotate up stat. My instruction and leaving the instructions is no better. It would seem that Heatmiser (version 3) are providing some positive result but in truth I haven't questioned the T's to see what they think, they work in my home though. Internet control for T's, with the associated additional cost and complications - not a chance.
  13. Blimey that's a lot of info below the amended me.
  14. I'm not sure I can post here 'cos my names changed.
  15. Well RL I'm that sort of guy, and so many think us LL's are all greedy low lifes. I'll bet Matt Allwrongwrite wouldn't appreciate my thoughfulness.
  16. So a potential T informed Denbighshire she was taking tenancy from 21st July. She was ahead of herself as I rejected her as she had fallen out with her g'tor. a few days later I emailed the council tax dept informing them of this and another new T to different flat. They have given me a fresh 6 months tax free period from the 22nd even though there was no occupancy. I would tell them but I wouldn't like to embarrass them with their mistake.
  17. Yes it may be worth checking that one out. An issue I often have is a HB T relocates and council tax credits transfer to their new property on the day of the move. The T of course is liable for council tax, on the AST, till the end of a notice period. One tried that recently, no notice and clearly trying to get one back on me with the state of the returned flat. When the council tax bill arrived I rang informed that the T still had liability. They asked if it was still furnished and as he had left belongings he became liable again up to the date I said I had removed all his cr*p. There was a bit of satisfaction with that one and it taught me a useful lesson for the future.
  18. As outgoing T's are often less than keen to keep good ethics it's usually the council tax that is transfered back to my name early also. With Denbighshire there is still a 6 month council tax free allowance on empty unfurnished properties so I don't often get flustered. Trouble is if there is a long void and the property then attracts a bill for the tax it's going to be less easy to claim back from T or g'tor. As it's generally only a week or so I would have to consider effort / chance of recovery.
  19. I can't see why it would be needed. The utilities would normally be the responibility of the T, as must be in your case for them to be cleared. Any outstanding balance would be up to the utility company to recover from the T and not the LL's concern. The only issue I can see can occur is returning and unwanted token meter to a normal credit (pay by bill) meter.
  20. Overseas from anywhere is likely to mean no worthwhile credit check and no guarantor (although they might well have someone in the uk that would stand). Then they may say I am British I don't have a passport, so no way of checking status. I did have a very recent applicant that had no passport but her appearance and language capability supported her being British, but that's not always the case. Some years ago now but the 2 European tenancies that have flown have left me with no chance of recovery from where they are now in Europe. I can imagine hoofing out an immigrant family with a few young kids in winter with no where to go. How long before some charity supports their court claim against us? As a general I now reject internationals and explain I can't check their history. When things settle down the Gov't will probably legislate for that to be racist.
  21. Have EPC assesors got an understanding of LED efficiency yet? It was a few years ago when I was having my properties doenbut the assessor didn't have a clue and couldn't rate them. Since LED have been developed to be far more efficient. Their efficiency (and output) varies widely and some cheap Chinese stuff will be far less so than others (still from China likely as not).
  22. I tried Gum tree a couple or more years ago, total waste of time for me. Calls from 250 miles away for no good purpose, other repsonses from absolute no hopers. I avertised in the local press, again, last week. That can be so hit and miss but invariably beats the local tenant find agent to success. He would save me the 160 mile drive for nothing very often, but even after he had reduced the dross would still have me driving to meet more dross. It reached the point where each call had me asking quetions about the T that the A hadn't asked, such as how old? I've lost confidence in him. The ad last week didn't get me much in the way of good response, It's in the local press again this week. Hopefully Open Rent will do it's stuff.
  23. So I've placed my 1st advert, due to an application goiung sour well into the process and close to sign up. So I'll report back on my findings but so far, the site requires LL's to not charge an admin fee, well a max of £20 actually. This I usually do charge to go towards my efforts, and when I explian the principle of a credit check and them potentially losing the fee if they are forgetful in their declarations to me it very often weeds out the dregs. Dependant on the situation and property my charge has been between £65 - £250. Also I no longer take a deposit so the acrued 'admin' fees have been a style of compensation for the bad 'uns. I have it and no one else has the option to take it from me. The site also promotes a DIY check in / check out, and offers a template for the inventory. I have been of the opinion that doing this DIY would leave us at a disadvantage come the time we present it to a judge?? I haven't been doing these anyway as I percieve that the authorities (DPS included) bend over backwards to cause us to go through hoops and expence to only overly sympathise with T's anyway. Making claim un unpaid rents is easy to demonstrate and still more than I might actually see back after a claim.
  24. If he becomes a T he is then equally liable for any later claim so there could be advantage. As an "Au Pair" I assume he is an immigrant so if he returns to where ever recovery becomes unlikely anyway. He is going to be there whatever you allow for contractually at least by taking an application and proceessing it you have more awareness of him, but any credit check is likely to be useless. The only greater risk I see to you is if / when the realtionship fails she departs and he takes up the occupancy alone, if that is likely?? He would then be free to abuse and you are unlikely to acheive recompense. My thoughts are to take an application but politely refuse later as the credit check couldn't be carried out to your rent guarantee insurance companies satisfaction. Point out that his activities are within her control and not yours, there is nothing you can or would do should he stay.
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