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Carryon Regardless

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Everything posted by Carryon Regardless

  1. No apologies for any digression needed, as RL reading a few times gives me chance to get my head around these things. Reading up on the legislation 'again' teaches me that the freeholder only need serve on 90% of T's where a T may be difficult to trace. It does not give permission to omit service from choice. So my Ltd Co still has cause for complaint. As long as they can't claim they (or the previous freeholder (same anyway)) were not informed of the change of ownership. This raises the question of who has liability for providing or clarifying this so the correct owner is given notice. And as long as the same address but wrong addressee is not just seen as petty and imaterial. The lease, and I shall read again with these specifics in mind 'again', only details the bi annual ground rents. As I sit here there is no provision for insurance or maintenance. It does follow though that even if not detailed some charges would be deemed as reasonable, that assumes that responsibility for the action is reasonable in the 1st place. That is that the freeholder 'should' carry out maintenace, and that maintenance was required for general upkeep. My issue here is that although insurance has been charged and paid annually, maintenance when occassionally carried out has not been charged for. In the last 5 years maintenance that has been informed to the freeholder (by me) has been ignored. Now they wish to become pro active and carry out 'maintenance' to ill effect and then create a willy nilly charge is worthy of a challenge. I believe this would go to a tribunal for decision. The problem in my mind is that if this is held in the South the market they are familiar with would make this case look like I should be grateful for such a low expectation by Compton.
  2. It's been a while on I know. Compton have continued to send significant mail. All to me as COR, none to my Ltd Co (same address but should be different addressee). They actually only 'finalised' the insurance valuation recently but some how wish to back date the cost for the policy to Dec 14. I consider that insurance wouldn't be in place for the interim period. They now have a management team. Works have been carried out, but not all effective so I put right an over flowing gutter. In truth I could only see their attempt at repair when I got up the ladder. They have raised charges, £500 Maintenance & repair. £500 Rubbish removal. £132 Accountants fees. £500 Management fees. £500 Reserve fund. Divided by 6. I accept that some charges may be reasonable but they certainly like the round figure of £500. The lease is prettty generous to the T and doesn't detail any cost other than a bi annual ground rent of £12.50 (£25pa). Previous to Compton no other charges were ever raised (aside from insurance). I fear this will be the start of evil tactics so feel a need to be less than a push over. No surprise they are now threatening legal action. Anyway as suggested by Grampa I have done some research on the Right to Manage. The research regarding Right To Buy show the freehold valuation to be beyond cash flow / economic advantage. I did ask the previous owners to furnish details of the sale, as suggested. They promised but failed to fulfill. It seems I can make the request to Compton / Tapestart. But it may be they don't have to comply if a notice need not have been served (see below) ?? If my understanding is ok I can effectively take over the management as I own enough of a controlling interest. As I have been reluctant to acknowledge Compton have legal rights here I have neither paid or communicated with them. For advice from a solicitor I do trust to talk as I can understand and not just enjoy a chance of litigation I called him, the lucky sods retired. As I read today it is a criminal offence for the previous LL to sell without serving notice on, at least 90% of T's, T's with ownership of more than 3 flats are exempt from requiring notice, where there are less than 10 T's notice can be served on all but 1 of them. Now, I own 4 of 6 (as COR), my Ltd Co owns 1, Mr Angry - Violent "I hate the world" owns the last. It may be that notice was served on Mr Angry, he wouldn't know what it was and certaily wouldn't be credible enough to become involved anyway. Me as COR have no rights to the notice, it would seem ?? The Ltd Co could only claim that legalities haven't been followed if the Co (me) could demonstrate that Mr Angry hadn't recieved a notice. Unless I am missing something, very possible, it feels like I'm going to have to sumit somewhat.
  3. Truth is you can't afford to sue. The Plod will persue if it's easy for them. Ignore it and get on with your life, until you have to deal with it. A few years ago a soon to be ex T accused me of harrassment. The Plod insisted I visit them to be cautioned. They blew hot air threats if I didn't. I didn't and they didn't it went away without my suffering any inconvenience. Another ex T was witnessed (by 2) tearing the arial cable off a 20 foot high external wall (of mine). I reported criminal damage and theft. The ex T said it was an accident the Plod believed him. This LL is a real git but let him carry on wasting his efforts if he wants.
  4. This doesn't sound so simple to me Mel. A few questions arise, Where are you ? Is a deposit taken ? Do T's have their own lockable space ? Are services provided, meals, cleaning for example ? Assuming England or Wales as rent has been taken and the T is now in situ I see that the T is such on an AST. The 'flexible' arrangements are nice and convenient but are only legal in hotel or lodger type situations. Of course surrender by the T and acceptance of such is fine, until a T claims illegal eviction. More information needed to clarify the set up s it doesn't sound like the op is very aware.
  5. It is a little more difficult in areas where the education level is lower, the employment possibilities are less, less reliable, seasonal and at lower revenues. Sometimes there are good choice. Other times, even after a void due to being fussy, I need take the best of a poor selection. This also removes the intelligence of investing time and effort for the next abuser.
  6. I've had late finishes before a long drive to get the latest flat ready for today's move in. I missed any telly this week and most of last. Not really relevant to this but the flat was abandoned and left full of smelly, disgusting cr+p. Including a car wing ffs. My inspections had shown me that the flat had deteriorated in short time so I knew a full refurb was on the cards and later was better so I ignored as rent was paid on time, till the end. The press would have hung me out to dry I'm sure, they don't factor in lifestyle as much as they should. I've T's in a 3 bed semi down the road from there. There since 2002. A good family of 2 + baby back then. Still a good family now 6 of them, the walls are bulging, they don't seem to throw anything away. It's easy to see that open windows are a no no due to lost heat, fungus is common. I refurbed the bathroom with them in situ some years ago. It was black again soon enough. The property gets heavy use and now badly needs attention, but with the property being so cluttered doing any work is nigh on impossible. I have no intention of suffering the cost of providing alternative accom but if a housing inspector became involved I guess that would be the result as due to the kitchen and bathroom it would likely be deemed uninhabitable. If I hoof 'em the media would see me as evil, after all these people are just living their life, they've done nothing wrong and always paid their rent. For years I've been expecting them to realise the house is too small for their needs. In fact when finances were more healthy I suggested they look for a property that would be suitable for me to buy and make good for their growing family, no response. It's actually not good business to hoof 'em as after refurb I never know what problems future idiot T's will present, it looks like I may have to though. Whichever way I see I would be hung out by the press but it isn't always so simple. I'm open to suggestions though.
  7. Grampa could you clarify a point from this thread please? Rent isn't due until a valid address for service is provided by the LL. Once that address is provided, at a later date, is the rent lost by the LL? Or is the back dated, so far unpaid rent, then due?
  8. I pitch a little below comparable properties but for what I see as good business reasons. I hope to attract more applicants and not lose good T's to cheaper LL's. Otherwise I view I would be a charity, mind I could get tax relief as a charity so maybe that's our way forward.
  9. I don't see where you see the rent rise RL. Market forces dictate the chargeable rents. If it were possible to get more most would already, in fact the media portrays us all as money grabbing, greedy tenant bleeders. We could ask for more rent but getting it is another thing.
  10. Don't worry RL, you won't be able to see the peasants begging in the streets from up in your palace.
  11. Wait for interest rates to rise and there would be sell offs and snatch backs. The auctions would see a glut of low end properties that would of course depress that market significantly. Parts of the South might well be able to weather that effect even if individuals couldn't. Up 'ere in't North it would cause much greater social problems. Already there are many empty property streets, over crowding by families that now share where they didn't when the state gave greater (easier) assistance. Many more properties would become empty as the LL's that fail would have their properties repossessed. The market wouldn't want these properties so they fall into disuse and disrepair. Now the local Labour gov'ts might well take them on on a compulsory purchase scheme, so maybe it could be a way of restoring council housing stocks.
  12. Never heard of them so I was cynical as to if potential T's would be aware. I've just looked at my own area and Prestatyn (my main properties location). Of 6 here all but 1 are 'Let Agreed, in Prestayn all are agreed. So unless they're nicking adverts from others to push their promotion they're doing some thing right. It looks like my two mt flats in Prestatyn are pretty well taken or I would consider Open Rent further, maybe next time. And if nowt else it looks like a good market research tool.
  13. Mortitia, why would you want to rebuild the wall and give Sturgeon features more land? hadrian's wall vs scottish border - Google Search
  14. This by the by, or is that bye the bye, or more appropriatly buy the buy? I always tell T's the lamps are 12 volt and 20 watt but education is such a difficult thing. If they don't know or are confused they're told to call me. I don't replace 'lamps' for T's as a matter of course but for good T's I have and will. They cost me 49p (+vat) from the trade warehouse, and that's a bubble pack of 2. Thing is that to make properties more attractive, back when I was conscientious about such things, before Part P made me (a very experienced offshore electrician) no longer qualified I would enjoy providing those little extras, much more than a few lights as well. I also used to install my own central heating systems that would of course become certified on a gas inspection. Not strictly correct but no difference to us all doing the same on a ready installed system on a buy to let acquisition. Touch gas now and you will be looking forward to a holiday at HM Stay Alert In The Shower, and I for one am too pretty for that.
  15. .....or those that pop down to B&Q and buy 12 volt 50 watt lamps when the transformer is rated to take multiples of 20 watt, I've lost a few transformers that way.
  16. You might have to start my thought processes going here RL as I don't see anything either way, until legislators tell us who we must to take. An increased number of potential T's from the, can we call them immigrants? But as I can't check their history, don't trust their longevity of tenure, have doubts as to lifestyles, wouldn't anticipate taking them as T's, again. I don't wish to educate myself on the correct procedures to be sure they have a right to be here, that is claiming to be from the EEC when maybe not. Chasing absconding T's into Europe for losses isn't realistic. I believe by the fact that you are raising this shows a negative opinion, can you guess mine?
  17. Sorry don't have time to read all. Did the G'tor sign a 'Deed of Guarantee'?
  18. List of Legionnaires' disease outbreaks - Wikipedia, the free encyclopedia Since we're into jerks doing things with their knees, close the hospitals, drain the cooling towers, ban hot tubs, and the problem is eliminated in the UK. Oh and maybe stop people using their windscreen washers just to be safe. . Is there evidence that we the neglectful LL's are responsible for infecting people? If so then why are we allowed to visit other properties without their owners caring about the risk to us? What with smoke detectors and CO2 detectors maybe there's a market here for Legionella detectors (beside infirm T's that is).
  19. I wonder if the LL of our local club is aware of this? We all use and drink from the storage container down there and I would be surprised if our LL has carried out any checks. The water stands for very long periods, will never be above 60 degrees, and can often be at a temperature that sustains the bacteria. Do you think United Utilities should have the reservoir checked by a consultant?
  20. Why do we have to worry about legionaires, we're not French?
  21. RL you will enjoy, weather permitting. At some of the less cosmopolitan towns there is an anti English style, but it's easy to avoid and there is no reason to believe it will spoil your pleasures. Remember I frequent Prestatyn. When you are further up like Colwyn Bay and beyond there is a more pleasant aspect to be enjoyed. Conway Castle, Caernarvon Castle, Betws y Coed, Beddgelert (visit the grave and read the story), Llanberis Pass, Beaumaris, Porthmadog, Llandudno. All worth a visit. If your putting your hiking boots on I can recommend some cracking walks.
  22. This particular T has been in place since August 1 2009. For the flat that's a very good result, The downside is that I could see a long time ago his life style would cause total refurb of the flat at departure. I've no problem with him moving on but I was for warned by his wife (another long story there) that he intended to 'do the dirty', she even provided dates. Over the years he's served notice of 7 - 10 days 3 times, and retracted. Last year, at retraction, I told him he had terminated his tenancy and a new tenancy was required. This had a £350 admin fee and I created a 12 month AST, clearly his desired new location had fallen through so he had no choice. Some years go he involved environmental health regarding the T above. The noise nuisance turned out to be noises in his head. I'm happy not to have him as a T but as he has been a general nuisance and has set out to get what he perceives as justified revenge I shall enjoy applying the stress I perceive as justified. I thought that he would smoke himself to death in the flat one day and that would have been hassle for me anyway. 'Deleted, in case the wrong person gets to read it.' Welsh Enders goes on.
  23. So 13th April at 6:31am a T leaves a message to say he has left the property and posted the keys through the letter box. Of course later that morning I returned his call, surprisingly he answered, giving me opportunity to inform him of notice requirements and how to surrender, he had no interest. The flat was left with loads and loads of cr*p, the flat stank and will need a full refurb. Confident that I shall catch up with the little git and as I'm very busy otherwise I have been treating the flat as not yet in my possession, that is- still his. Today the Denbighshire Council Tax sent a reminder for last months tax, I hadn't received the original bill, but strange things have been happening to expected post from there for a short while. I rang them to say the property hasn't been returned but Monday I bit the bullet and emptied the place, notice I haven't put his disgusting smelly stuff in storage. I expected a difficult time on the phone with a negative outcome. As expected HB is now paid for a different address. "was there furniture in the Property?" "Yes an overturned sofa, the place was uninhabitable." "In that case we shall make him liable till Monday the 18th, I shall start an account for you from then with the class C exemption." Wow, that took me by surprise. "A cat in hells chance of a positive response here but you aren't able to say where he is?" Under data protection I can't disclose that." As expected. I'm not saying he told me but now I know. At this rate I could have some of my faith restored in administrators. I wish I had that information Monday as that horrible, disgusting, cr*p would have ended up in his car, as much as would have fitted anyway. After all I would only have been returning his property to him.
  24. The bottom line is that the property isn't reliably back in your possession until, it is surrendered, or a court Bailiff returns it to you after repossession has been granted by a court. All other circumstances leave the LL with an element of risk that a T may claim he still has legal right to possession. Trouble is we can't run a business on those grounds as the extra expence and losses leave us out of pocket with little chance of recovery, even if proven to be legally correct in court. If you have reasonable grounds to believe the property is abandoned you have already done all you 'reasonably' can. But if the T wants the place you must give him access and then go through the court process. So far your evedence , he served notice to you, he confirmed same to estate agent by saying he would return keys (I would confirm with them that they will provide written evidence of this 'if required'.) Check your keys fit. Do as RL and check for tooth brush style things. Check if the utility suppliers have had the accounts closed. Ask if council tax is now your responsibility, and if so from what date. With enough evidence the T just looks like a burk should he make claim later. As for the belongings, I haven't stored yet and don't intend to. I realise legally we have responsibility but sometimes such expectations a bloody ludicrous. If he wants it he should look after it. Find a local 2nd hand furniture shop and ask him to buy it. You've then demonstrated it's value, if any, for any later claim.
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