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Carryon Regardless

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Everything posted by Carryon Regardless

  1. For 'find only' I've paid a 1/2 months rent and a full months rent to 2 different A's. I was sure to state by email that there would be no other charges and no further 'tie in' responsibilities, payment due on a successful 'find'. The principle was a one off arrangement for each tenancy. Each A failed to provide their AST for me to assess so I preferred to use my own. Effectively I was happy for the A's to provide an introduction, from there I don't mind deciding suitability and processing through to contract. As far as an A arranging the energy provider, likely for their own claw back, I'm with you - no chance.
  2. Reading this it may be the "Service Occupancy" that would give the LL increased rights, albeit through the A on behalf of the employer (now ex employer). Factsheet 44 - Licences | Factsheets | Letting Factsheets So my limited understanding here is that it may be the Contract of Employment that determines the required notice for this L to O. But as this doesn't qualify as an 'excluded tenancy' the tenancy still has the protection of the PEA 1977 in that only a Court Order can terminate the tenancy unless surrendered ??
  3. The situation I had in mind for the 'High Court' was a County Court "Judgment or Order" of 4th August 2010 for the Defendant to pay £750 at £20 per month. It's no surprise that I haven't had any of it. I guess as it's only £360 of unpaid instalments I would need to let this accrue to £600 to be able to use this method ?
  4. The latest. The A have served a 40 day written notice that requires possession at the 12th March. The T's have a new property available (in theory, as it's occupied and due to be vacated) from the 24th March (coincidentally this is the end of a 12 month tenancy and would be the end of a tenancy period under AST). The A wish to do a check out on the 12th. The LL is now insisting that unless the T's enter into a 2 week agreement and pay a proportion of rent equal to a much higher rent than previous the property or will be available to others from the 13th. An additional deposit is also required. This is effectively a threat of eviction. Under AST there would be no confusion as to the correct legal situation. I find it difficult to believe that the T's don't have protection under the Housing Act 1988 but won't advise from a "I don't think so" stand point. The general style here is to harass the T's with very regular text, phone call and various visits for whatever. I've advised to accommodate but not totally sacrifice privacy. I've said to allow the LL to run her business but not to be afraid of saying no if the 'request' are just not reasonable. Is there a tenancy situation where normal S21 repossession is side stepped, that is there is no need ? Is there still the illegal eviction without a Court Order and Bailiff action ? Things are hotting up so any input appreciated.
  5. Eeee, I dream of the days I've to pay 40%. By revenue that is not just higher tax rate by the Chancer ler.
  6. There will be opinions coming but ffs don't communicate with her Solicitor. His revenue depends on there being a case here. Think of the ways you are able to demonstrate the property was surrendered, it isn't likely she and hers are going to make such agreeable statements. What is the status of the 'boy' ? The way I see it he is still T also.
  7. A further thought, we aren't allowed to claim for our time but 45p per mile and such things as lunch and maybe over night costs may be possible ??
  8. I would have thought the response would be dependant on the 'exceptional hardship' they are claiming applies. What makes their hardship 'exceptional', everyone in this situation will suffer hardship and inconvenience so what makes theirs exceptional ? More often there are events that lead up to the S21, sometimes this may be considered a fore warning for them to act and find new accom, the fact they have failed to be proactive surely is their own fault. Then there are the lead times before Court. I'll bet there is already going to be a greater time than the 42 days before 'out'. They should have addressed their situation earlier. Just my thoughts, I don't know if they have value and we know where the sympathies will be directed. My reason for asking where is that I have interest to see if we experience regional differences in attitude and result. My experience of Rhyl is that it's a Court of Toyland. I have property in Accrington, without personal experience I believe the abusers may not be 'cotton woolled' so much. As for my Manchester, Derbyshire ans Staffordshire situations I would research more as needed. You're welcome to a cuppa if around the Peak District.
  9. Ma'm and Sir would be my guess ?? A trick Shelter pulled on me was to produce evidence on the day, I know now I should have asked for it to be inadmissible as there hadn't been time for me to assess and counter the argument. I think such a request would have been ignored anyway. I thought the only defence against a S21 was for the notice or service to be faulty. Of course a T can request for extension of 42 days before eviction. This should be for exceptional hardship cases that you could argue don't apply. What area are you attending Court ?
  10. 1 complication is that taking funds with the intent to return is a deposit, this will confuse any deposit protection situation. Having given the funds back, although never protected, it seems the Courts won't have concern. At any later date the actual deposit may be more confused by an awkward T or solicitor. Many AST's have a special clause facility, animals, clarification if T has presented a potentially confusing issue. I see the risk of a badly worded entry, in this case following the 14 day intro period the AST should become standard and the special clause then irrelevant (expired). As Grampa, there are various ways to address situations, here I see no advantage to my changing my way but wouldn't be offended if others have a different preference. I'm interested in others thoughts as I'm still learning.
  11. Good T's work it out and get on with it, working with the LL where needed. The poorer attitude T thinks they have moved into a 5 star hotel and can call reception, but not having to pay the rates. Welcome to being a LL.
  12. Similar to RL if a T moves in you want them to have full responsibility from the point 'you present keys'. In special terms I detail that "The period date to and including date shall be a rent free period. Rent shall be payable from date." They have entered into the AST from the 14th they just aren't responsible for rents till the 28th. They are responsible for bills and more importantly security. They can't depart after a week saying they don't like it and haven't started the AST yet.
  13. Good information LAW, thanks. Is there similar advantage in using this principle for failed payment after a County Court award ?
  14. Form a Ltd company and let that create the charges that you pass on, but is it worth it ?
  15. I include a clause that a £30 charge is applicable for each month of arrears in excess of £50. In court I wouldn't have a chance of getting it and would likely upset the Judge of the day by trying. I still apply it and where T's don't now better or wish to stay in their home they pay, then it's mine. I recognise that they could claim it back later but then I've lost nowt anyway. Should a defaulting T come back at me with "I know my rights" I know what I have as a T and as I know mine they get a S21. It's not the £30 I want, but a smooth running tenancy so I try to create incentive. Last year the revenue was increased by approx £400 though.
  16. Your choice is to insist they have caused the problem and then you have no responsibility toward repair, you can ignore till the end of tenancy. I have seen knobs broken where the mechanism has become tight though. An oven generates heat, obviously, so this is feasible. Then sometimes we just have to 'take it on the chin'. Try RS components, you can order online and it will be posted. I did this for storage heater knobs, they don't look original but they work, for little bucks. There are plenty of pare parts suppliers on the net also.
  17. As my kids went through Uni they paid 3 payments each year, as you say as the loan came in. Expecting the rent any other time isn't realistic with students. To answer Daddy's question, as a Lawyer might, use a question. "Is your question a serious question". You see lawyers are taught not to ask questions they don't already know the answer to, now charge him his rates for your wasted time.
  18. You have left yourself wide open for much more than a claim of £1350. Before you speak to anyone and possibly dig a deeper hole for yourselves you need to understand much more than you do. It may be possible here, if not too late already, to view the situation as a surrender of the tenancy as he accepted the return of deposit, but iffy. What was the start date of tenancy as far as the rent book and AST are concerned ?
  19. Well most AST's have a no animal clause. So on eviction they should take the animals with them
  20. I'm in agreement with RL. In the past I have pre dialled the Police, phone in pocket just press and talk loudly name, location. The equipment records from the off even though the operator keeps asking questions. T'other have a shortcut button to the phones video recording, record activities with phone and while memory is good also on paper for later. Usually these sorts back down when their collars been felt but make sure the insurance is up to date for those windows. Good being a LL innit ?
  21. I think you mean the letter wasn't sealed, or even your >><<>><<>>< cat scratched it open. You would never ever, ever catch me opening some one else's mail. There have bee n a couple of letters that have already been opened though. Other than that, it's not your problem.
  22. I'm aware of the trend for Council Housing to wait until close to repossession before granting 'emrgency' accommodation, but I'm not sure this is national policy or local, so may vary ? I have been set up by what looked like a respectable situation and the T was aiming to just get cheaper Council accom and manipulated for my assistance ie to repossess. I wouldn't help but went the G'tor route for recovery instead. Eventually she went and I got all dosh, how it worked out for her I don't give a stuff. She did threaten a claim for what she considered to be overpayment by HB, I've still got it. What these gits don't realise is that the accom offered is likely to be crappy or even a hostel so they still don't wish to leave. They don't respect the impact on us, but most of us know that already. WE are after all a tenant charity. I play a negotiation game to attempt to minimise my losses, further outlay, and effort. Much is a judgement call after further investigation. If she wishes for letters, notices.... tell her there are professional cost to consider.
  23. I've a T who rang very frustrated in November. He'd been listening to a mouse, I assume, inside a stud wall, scratching and rustling. My guess the mouse came in from underfloor and in to the wall from underside to nest. I think a cat would have only got frustrated too. Not my problem apart from a p*ssed off T who wanted to destroy my wall to kill a mouse. At some point I'll go down and inject 'Fill & Fix' into the bottom of the wall but probably best when the mouse has moved on, April maybe.
  24. 3rd time lucky, maybe. Insurance, may vary, but generally specify a min temp of 12 degrees to maintain cover. Perhaps they are considering cold lofts and rising heat but this seems OTT. I prefer the frost stat, sited intelligently set at 10 degrees. The limited time it will fire up the boiler won't cost much. As long as it overrides the time clock and the power is on (and pressure up) it just gets on with it. This takes care of situations where T's are away and shut things down. Check the boiler spec 1st as many are manufactured with frost protection these days. A TRV has a frost settting, using the peg will prevent total closure. It stays open till up to set temp so is good enough. If just plain valves leave 'em open a little, if the water flows it 'aint freezing.
  25. Large organisation. I can relate to the organisation not having an AST, but the T's ? Some confusion is that the A says the T's have a L to O with them, but the organisation are paying the rent and I believe guarantee the situation. I have great interest to see agreements if there are any.
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