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Carryon Regardless

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Everything posted by Carryon Regardless

  1. I would only consider this as joint T's with guarantor(s). I would make them aware that they are both responsible for the full rent, it's then up to them how they arrange this. It sounds like they are 2 young females ?? That would scare the hell outa me.
  2. Mel I'm sure we agree that the laws regarding property rental are a farce. The way they have evolved it's no wander there are mistakes made by T's and LL's. Then of course the legal profession can attack the reputed greedy LL. My concern is that unless we have documentation demonstrating surrender, or a repossession order as LL's we run the risk of a claim. (Even with the possession order you may require a Bailiff the give actual possession.) We clearly have the imposed greater responsibility to manage situations within the ridiculous confines of the law or there is risk to us. This risk more often means we shall suffer financial disadvantage, or worse criminal charges. Success in a court will invariably mean the LL still loses, time, effort, cost, and certainly not to be understated STRESS. It is intelligent to be cautious from the very point we take ownership of a rental property. Inconsideration of your last question, -ya got me there.
  3. Really it's a judgement call as you know the situation better, and of course your trying to understand your exposure. Just because they ask the questions doesn't mean they are entitled to the answers. They have no additional position of power (unless things have changed, which I doubt) but it does sound like they may have confidence that they have you on the run. My thoughts are that in your shoes I would be reluctant to expend dosh unless very necessary. Expending my efforts just because they are causing me to would p*ss me off. Should this end up in front of a judge it becomes important that you look as though it shouldn't have, or you have taken reasonable steps to prevent it. That is you weren't awkward. It may be worth some research to see if Shelter have a damaged reputation in some cases and lost some credibility as an honourable organisation fighting for the little man. My experience was that they got a good ear in court, I didn't. A clear disadvantage. I perceive that there is also a trend to take from the rich and give to the corrupt nowadays. I believe Shelter operatives are there mainly to gain experience for use in developing their career ?? They will be knowledgeable in tenancy law but your initial step to involve the Council Housing Office sounds good but I would consider the validity of the advice, but yor evidence sounds as though you were considerate of the T rights. Your danger of illegal eviction comes from whether you have prevented your T from gaining access, it can be more complicated especially if your actions are perceived to cause the T to not want to occupy. Record events chronologically and you may develop an overall view more easily, to show strengths and weaknesses of each argument. See how you can demonstrate that the T has been able to attain access (if you changed the locks). Also how easily access has been facilitated when required. Is there a possibility that the T lost his own keys, as an example some T even post them back through the letter box. As you will be I'm interested in the opinions of others on this. Grampa has good experience of dealing with our courts. Richlist may show how a lack of forethought, management and organisation may be a part cause.
  4. They have a solicitor that will advise on the more technical issues, but my experience with them, in the county court, are that the case worker will assist the client as a 'layperson'. Shelter, in my case, acted in favour of the client even though 'errors' in the story were obvious. The case worker, at a face to face meeting, then supported 'errors' and was clearly not accurate with his own statements. I organised the meeting in attempt to progress in an adult fashion, and reduce / prevent wasting time and effort. It was a waste of bloody effort in itself. In court the 'errors' were clearly shown as such by me, I was claimant, sympathy went to the defendant. My view is that Shelter is very dangerous and should not be trusted as an ethical organisation, exercise caution. You may learn much of them by looking at their website, I haven't for many years, but they claim successes against the evil LL. Prior to DPS they enjoyed recovering deposits, and claims for harassment, dis repair....... They show the rental market to be full of abusing LL's. My perception was that they write very one sided with a bias to justify their cause. Of course maybe I am just bitter at them costing me approx £3k. By the way the defence offered was my agreement for T to do works in lieu of rent, coincidentally the value of works, w/o a chronological balance, had been calculated to match the claim. Some businessman I would have been.
  5. Not knowing the result of this situation and it's complications I would seriously consider serving a S21 notice for repossession. If they both surrender then you have the result, if they don't and you desire repossession you are closer to that result. If you create a new AST then the S21 is void. From this situation I am not sure I would see the gf as a desirable future T. The inspection might well help you develop your opinion.
  6. The bf does have rights as a T, as we see with another thread where a T is in jail he is still T. Working away, backpacking round the world no matter until the is tenancy closed out there are responsibilities toward a tenancy from both L and T. This is often where I have found use of a guarantor, in situations of abandonment, failure to communicate by T, I effectively pass the problem to G by reminding them of the G's responsibility. The reasons for the bf wishing access are his business. My guess is he wants his things and she may be afraid he will take more than is right. Their problem. Your concern is the loss of emotional control that may result in damage to your property. I would remind him of his responsibilities as T in advance. I apologise for my earlier statement. To surrender both T's need to agree. They do verbally, apparently, but you need it documented. (I shall edit my earlier mistake). I would guess that he will sign such a declaration when his needs are satisfied ?? I also see a complication in that he won't know what he's signing. For your protection you may want someone who can assist him to understand. You and the gf have an interest so aren't really suitable.
  7. The only issue with '2' is that if the bf hasn't surrendered he is still T (bearing in mind that people change their mind to suit the need). There are no rights to exclude him as T until the existing tenancy is 'closed out', of course the gf may surrender the tenancy. At this point you have no rights to exclude him from the property, I view however the fact that he has mislaid his key is his problem, he does have the right to employ a locksmith to gain entry (or other chosen method).
  8. My view. If new T's are considered by 'the partnership' and there is no disadvantage to the remaining partner then the ins / outs (financially) of the departing partners room should be his. As you have agreed to split the pros and cons of the rest of the house 50 / 50 and you both have a benefit from the areas 'allocated' to each individual partner then each of the individuals areas surely must be the benefit / responsibility of that individual. The individual should enjoy any benefit of his area, but any downside (repairs, repossession cost for example) should be born by the individual. Where that areas T causes issue it should be managed or paid for by the departing partner.
  9. I would let them resolve their present differences before considering the next step. If he gets silly he still has responsibility toward the tenancy and property. Both are required to terminate the present tenancy, then you are free to create a new AST as you please. A difficulty with the young single female is that you are unable to assess future likely 'guests'. You are then just hopeful that the next chap doesn't have desire to mark his scent, some feel the need to demonstrate the rights of the little lady. I hope you have / will have a guarantor, and possibly other things on the Richlist list. PS. Don't get involved with their 'seperation' and who has rights to what you can't win in that situation. Also the bf's difficulties aren't your problem.
  10. Some years ago a council, Wandsworth I think, knowing their T was doing 5 years for sex offences, took possession of their property. I would guess that as the property was no longer his primary residence they had just cause. The serving convict got legal aid to sue the council for illegal eviction. There were no criminal proceedings here which could have fined the council £5,000 max, as for the 6 months in jail that would be interesting to see how the Magistrate would accomplish that. The damages would amaze you, I don't intend to divulge on an open forum for any corrupt git to design for their own advantage. More recently I have been aware of greatly reduced awards for illegal eviction, but I would still say be very careful to avoid the resultant crap from any such action. S21, be sure all is correct, let the process run it's course.
  11. Greetings Julles, I've haven't tried that one but probably will next time Only downside I see is taking calls from those that I can try to exclude in a local paper ad, eg no DSS, over 25's..... I don't see these types reading the window ad well enough, worth a try though
  12. Don't set up sham situations, that is likely to compound any bad situation. You can repossess without a contract as it's still an AST.
  13. I can't imagine any court seeing the occupant, with keys and permission to occupy as any other than a T. You say there is no evidence of granted tenancy but in 2 months no one, you or LA, has done anything to assert otherwise. In practice he is T. As many of us learn T's don't have to pay any thing to have T rights. I also view that repossessing from a T is more straight forward anyway, possibly because I have understanding of the procedure. Allowing your friend to stuff you is your choice, in effect the actions of your LA are your responsibility anyway, as they are under your instruction. It would be for you to claim your losses from the LA later, to reduce the potential it may be intelligent for a negligent LA to take actions to aid resolution.
  14. Personally I wouldn't trust a verbal surrender by anyone, and certainly not a con. A change of desire by the 'prisoner' and you have very little to evidence surrender. My view is that even w/o contract the 2 of you have entered into an AST, and this still exists. Any T has the right to visitors and can give rights to occupy. The T has done for his son. As you are doing I would repossess through a S21 and progress to the court Bailiff clearing the house of occupants, unless you can be comfortable that the property has been demonstably abandoned. Now you are aware the T is inside service could be more complicated, I'm not sure of this scenario. BTW any claim for you entering the property may be valid but any financial award should be based on demonstrable losses. With a reliable witness and nothing disturbed I don't see what could be claimed for. Illegal entry may be another matter 'if' Mr Plod had interest.
  15. Grampa just for clarification, I assume where a T withholds rent for non S48 compliance that when it is complied with, that is correct address supplied, then all withheld rents would be payable by the T. Is this assumption correct ?
  16. It's in the gov'ts interest for us LL's to be lumbered with bad uns as effectively we become social LL's and reduce the strain on local councils. If it were easy for us to ditch 'em there would be more social upheaval generally. The result we must learn how to protect ourselves by prevention and overcome the clumsy repossession systems were we fail in prevention. I see our crap hand as another tax.
  17. I don't have experience of this scenario. However there wouldn't be a chance of my entertaining such an opportunity. Any 'monitoring' is not within your control and is of unknown value, my cynicism toward such state organised activities would deter me. HB payments made direct have a risk of recovery by HB if the claim is incorrect. The history of the T may be simple or complicated, will you be made aware in advance and given opportunity to reject, or are there data protection, rehabilitation, human rights protections applicable ? If there is an adverse situation evolves will there be assistance to help you overcome ? In my experience I don't see these when needed. Sometime ago a T of mine fell in with a bad lot and lost control of his own life. Soon there were 3 ex cons using the property for their purposes. The thought of having to resolve this was scary, my T had already suffered a 2am break in and beating, due to not paying for his stash is my guess. A little later he tried to kiss the front of a moving bus, the bus stopped but he went for a phyciatric assessment for a while. His guarantor volunteered the keys, I took a chance and changed the locks saying this was surrender. Despite threats from the Housing Enforcement Officer I held out and the situation went away. A lucky escape for me. Now I am far more careful about the preventing of a similar situation. If you go for this I wish you the best of luck but too much of the Counties social problems are already imposed on me as a LL.
  18. LL since 1997

    Small Portfolio around the North West

  19. I have 5 flats where electric is the only option. The attention to immersion elements is fairly frequent, they last 2 - 4 years(ish). The tanks have dual 'saver 7' and daytime elements. The flats have 2 storage heaters, 1 panel (instant) heater, and a fan heater to bathroom. They also need attention but just now and again. Truth is with panel heaters if they're faulty it's likely cost effective to bin 'em, with storage heaters fit new element or thermal fuse and Bob's your oojah. There is a responsibility to ensure they are safe and suitable for use (as compared to the annual gas cert). When you say the installation of electric heaters is cheaper I guess you are thinking of panel heaters as storage heaters aren't cheap. Panel heaters may be effective but expensive to run (as said). Storage heaters are very poor for control. Possibly my area is a cooler climate than yours but in winter even on reduced output (flap control) the storage heaters are often useless by late afternoon. The flats require supplementary heating. The storage heaters charge at the low 7 hour tariff, this is a similar KW equivalent cost to the 24 hour gas tariff. In other words a gas wet system has full control, use it as you (well tenant) will, with no cost penalty. For attraction of tenants for me it would be gas central heating every time, the EPC would show improved efficiency also (not that a T has ever asked my for sight of one). My T's sometimes complain of the cost of heating at the flats, but so do those in my houses on (rarer) occasion. But I complain about my costs as well, but they don't listen. I see a couple of familiar names her who have migrated from another failing forum, hello again friends and hello to all here.
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