Richlist Posted September 23, 2014 Report Share Posted September 23, 2014 I would do what you can at this point ......which is to allow the electrician access to just your property. * If he finds a fault and corrects it ....job done. * If he finds the fault is in the upstairs flat contact environmental health or health & safety or anyone else who is interested and ask them to get the matter sorted urgently. Link to comment Share on other sites More sharing options...
Mortitia Posted September 23, 2014 Report Share Posted September 23, 2014 Do as Richlist suggests -get yours checked out. Try approaching upstairs nicely saying there is a fault and you will pay for the checking 'as a gesture of goodwill'. It is strange that this should occur just as your Section 21 is progressing nicely. I might suspect tenant of causing the problem then ringing SSSE. Being the type that can't leave things alone I might get a friend to contact the solicitor and see if he exists and knows of your case by purporting to act for you. Link to comment Share on other sites More sharing options...
Chestnut Posted September 23, 2014 Report Share Posted September 23, 2014 In case you haven't done so, ask SSE for a written report of their attention upstairs, including how they deduced it was your flat that caused problem. It may help your electrician in a practical way (including his obtaining access upstairs rather than you) and also for any subsequent claim or legal action that you might wish to pursue if applicable. Link to comment Share on other sites More sharing options...
GrosAve Posted September 26, 2014 Author Report Share Posted September 26, 2014 I've been on several calls with SSE and they even called back too. They cannot supply me with a report but they told me over the phone. Basically they have isolated the circuit between the kitchen and bathroom in my property because when they turned this off the problem went away upstairs. The problem now needs to be fixed in my property but the electrician does need access to the flat upstairs to identify what becomes live when he re-energises the power. I sent the owners of the property upstairs a letter explaining everything and that we need access to their property. The would have received that today. I also asked my tenant to speak to them. My tenant responded today saying that they said my electrician wouldn't need access to their flat that the problem has been fixed in their flat. It's only fixed because SSE turned my power off in my flat. So now I've got to gain access for my electrician somehow. Richlist suggested Environmental Health or Health & Safety. Does anyone know who I should contact to report this? The Police as a start? This is all getting to me now I know this is part of being a LandLord but the whole injustice of it all infuriates me. What goes around, comes around I suppose. You guys have been my saviours throughout this. Respect to you all... Link to comment Share on other sites More sharing options...
Richlist Posted September 26, 2014 Report Share Posted September 26, 2014 As you know, you have a potentially unsafe property that may be affecting an adjacent property. It is urgent that the matter is attended to & fixed. Any disaster that was caused as a result of this that resulted in an insurance claim would very likely not be paid. I'm sorry to labour this point but this thread has been discussed for at least a week and you seem no further forward. Today is Friday & you'll be unlikely to raise anyone in Environmental Health or Health & Safety over the weekend. You need to get a move on NOW. Your local council is responsible for both those departments. There may be an emergency number....you should call it. Equally many insurers have emergency help lines.....check if yours can help. This IS AN EMERGENCY. You cannot afford to waste anymore time trying to gain access to upstairs property....you need access NOW. If all else fails call the police & tell them its an emergency and you NEED access. Link to comment Share on other sites More sharing options...
Mortitia Posted September 26, 2014 Report Share Posted September 26, 2014 Your local council also has a 'private landlord tenancy officer' or similar name - this person will help you with the problem but as RL has pointed out the weekend will prevent you contacting them. Out of interest was this a conversion from a house into 2 flats or are they purpose built? Link to comment Share on other sites More sharing options...
GrosAve Posted September 26, 2014 Author Report Share Posted September 26, 2014 It seems they are softening now and will allow access so I have contacted the electrician. When SSE went round they made everything safe but isolating a link in my flat between the kitchen and bathroom. Both SSE and the electrician I have contacted both think it could be a result of the flood upstairs caused 4 years ago. As these are purpose built maisonettes and then floors are concrete and the wiring is in conduit between the floor and ceiling. They think water could have corroded the conduit and maybe rusted it causing the problem. Won't know for sure until the electrician goes round. Link to comment Share on other sites More sharing options...
GrosAve Posted November 21, 2014 Author Report Share Posted November 21, 2014 Hello, it's been while since I last wrote on here. I now have a court hearing set for 23rd December. My tenant filed a defence against the S21 so the court decided on a hearing. In the defence he has stated that a new 1 year tenancy was verbally entered into in response to a letter from me asking if they wanted to stay another year and if his wife had actually left. He text me in response to my letter but I didn't agree nor did I send a tenancy agreement. I don't see this can possibly be a verbally agreed tenancy - can it? Tenant has also gone into a whole sob-story about he being a reg nurse for people with learning disabilities and they could die if his concentration is disturbed. Also that his son is at university and his studies could be disturbed if he had to leave my property. Tenant also sent me a pleading text telling me I'm a good man and could he please stay until April next year. I have not responded and I want him out. He is in rent arrears by nearly 2 months too. I'm quite worried about the hearing now - any advice, should I get a legal representative? Link to comment Share on other sites More sharing options...
Melboy Posted November 22, 2014 Report Share Posted November 22, 2014 If you have the money I would go down the High Court route as seen on TV in "Can't Pay ....We Will take it Away". These people seem to have the magic touch in evicting troublesome tenants quickly and efficiently and no amount of sob stories stops them. His personal circumstances are of no consequence in the matter. He would need to provide your letter in Court as proof and if he can't well, it is of no substance in any discussion legal or otherwise. Link to comment Share on other sites More sharing options...
Chestnut Posted November 22, 2014 Report Share Posted November 22, 2014 As devil's advocate I fear your letter 'asking if they wanted to stay another year' could imply that you were prepared to continue this tenancy. I would avoid any further letters and stick to S21 course and progress, for which I believe you don't have to give any reason other than you want possession. I agree with Melboy but haven't seen the TV referred to. Link to comment Share on other sites More sharing options...
GrosAve Posted November 22, 2014 Author Report Share Posted November 22, 2014 Thank you, I am now seriously considering high court action. This is as a result of the S21 then N5B, I think Ii should look into legal help now because this is going on too long and to be fair, causing me a great deal of stress. Mainly because I don't have experience of this eviction process and just want them out now - end of. Link to comment Share on other sites More sharing options...
Melboy Posted November 22, 2014 Report Share Posted November 22, 2014 Yes, sometimes you reach a point where action is required and the cost, within reason, doesn't apply. The High Court avoids all the poncing about with the local courts and misinformation that seems to come from them. No harm in looking into it http://www.highcourtsolutions.co.uk/ Link to comment Share on other sites More sharing options...
Mortitia Posted November 22, 2014 Report Share Posted November 22, 2014 Gros Ave - stick with going to the Section 21 hearing. The personal pleadings of the tenant may get him the max 42 days stay but have bank statements ready to prove arrears of 2 months. What did tenant text to you to suggest another tenancy was entered into and what was your reply? This could have further implications if deposit was not re=protected and PI issued - worst is that S21 is invalid - but so near now do the court thing. If S21 was considered invalid court would have advised that you have no case so don't go into that one at court. Stick by wanting possession for no fault reason then if losing bring in the 2 months arrears and the amount of notice already given + the tenant going to Nigeria and leaving son at home and no rent paid. Have dates ready to show proof. Unfit father etc. Personally I think hiring a brief at this point maybe a waste of time. You would need and landlord and tenant expert - most law practices don't have one. High Court Enforcer - this all looks fine and dandy on 'Pay or we'll take it away' BUT you need consent from the judge to make an application to the HCO. If you get judgement ask judge at that point but if T gets 42 days then you might as well wait until the time is up - bet he goes quietly then. Link to comment Share on other sites More sharing options...
Mortitia Posted November 22, 2014 Report Share Posted November 22, 2014 Take a good look at this for guidance. http://www.landlordzone.co.uk/forums/showthread.php?50166-Enforcement-of-a-Possession-Order-using-the-HCEO-route Link to comment Share on other sites More sharing options...
GrosAve Posted November 22, 2014 Author Report Share Posted November 22, 2014 I sent the tenants a letter on 7 May 2014 asking whether they wanted to stay another year. I also asked if his wife had definitely moved out of the property. He told me in a text on 11 May that he would be staying 1 or more years. I never responded. At the same time he had told me about a fence coming down so we had several texts about that. Then the May rent didn't go in and he didn't respond to me asking him so I went round to the flat to find his son there who told me his dad was in Kenya. So I never agreed verbally to a new agreement. The one thing that is against me here is the re-protection and provision of PI to the tenants. I have evidence of me putting it into the deposit scheme but not supplying the PI. I'm going to get all statements out and highlight his deposits, or lack of them. I agree now, I'll got to the hearing, find out the outcome and then go from there. Although people told me it could be months, I really didn't think it would take this long. Just so stressful for a green little movie like me. All you help keeps my chins up along the way so thanks ass always. Link to comment Share on other sites More sharing options...
GrosAve Posted December 7, 2014 Author Report Share Posted December 7, 2014 The court hearing is 23rd December when the judge will make a decision as to when the tenant will move out (I hope). I have over two months rent arrears now amounting to £2600. When would be the best time to start the small claims proceedings to try to get this money back? Link to comment Share on other sites More sharing options...
Grampa Posted December 8, 2014 Report Share Posted December 8, 2014 Don't forget if the judge gives a possession date longer than 14 day SPEAK UP AND REQUEST ONE IN 14 DAYS. Link to comment Share on other sites More sharing options...
GrosAve Posted December 8, 2014 Author Report Share Posted December 8, 2014 Grampa - thank you very much. Definitely will. I"m going armed with everything including the S21, N5B statements highlighted where he has missed payment and copies of texts where he's begged me to allow him to stay till April '15 and promised to pay the rent arrears back Link to comment Share on other sites More sharing options...
Mortitia Posted December 8, 2014 Report Share Posted December 8, 2014 Start a claim off NOW for the arrears using his address - while you know where he is. You can only claim for the current debt but hopefully he will be on his way soon. Cheapest way is with www.moneyclaimonline - fee last time I did one was £80 but might have gone up. Firstly you have to register with the government 'Gateway' then is all straightforward with a locator number. Keep your wording short and sweet. These claims are usually dealt with by a civil servant at the Northampton office. They don't prompt you so when the 'notice' period is up don't forget to contact them for a judgement. If nothing else at least he will get a CCJ against his name and hopefully you will get the money! Best of luck with that! Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 9, 2014 Report Share Posted December 9, 2014 Have I missed something in these 94 posts that would change my view ? I sent the tenants a letter on 7 May 2014 asking whether they wanted to stay another year. I also asked if his wife had definitely moved out of the property. He told me in a text on 11 May that he would be staying 1 or more years. I never responded. That reads to me as you offering a 12 month tenancy and the tenant accepting you offer. If I were your T my defence would be that as the tenancy is still within its fixed term, until 11th May (possibly) the S21 is invalid, Even if the T fails to raise this defence County Court Judges have been known to raise this for them. I would be ready to state that the T has had ample time to raise any defence and there is are many ways in which he could have sought assistance for this. And any such 'late' defence raised leaves you disadvantaged as you haven't had opportunity to research or seek advice to counter this defence. Personally I feel your S21 now looks sticky. After the hearing, or even as the hearing is completed I would serve the PI, loud enough for the court recorder to record you stating what you are doing.Afterwards you might then consider use of a S8, but the defence of disrepair looks fairly obvious here. Or service of the fresh S21 to mature (expire) in time for progressing after what ever date in May 15 looks applicable. A saving clause will give the judge chance to decide the correct date, in his opinion. Good luck though, hopefully the Judge will wish you good will rather than the T. Link to comment Share on other sites More sharing options...
Mortitia Posted December 9, 2014 Report Share Posted December 9, 2014 It is usual if Section 21 is invalid for a judge to raise that matter by letter long before a court hearing is granted. I don't disagree with what you write Cor but seems judge may allow S21 in this vague case. It would be unreasonable for case to get to court and judge dismiss in 30 secs due to invalid S21 Link to comment Share on other sites More sharing options...
GrosAve Posted December 9, 2014 Author Report Share Posted December 9, 2014 COR - that is really disheartening news, but somehting I must be mindful of. The AST would have finished on June 28th. So, the fact that I asked if they were going to be staying another year but never confirmed that I agreed to it could be a verbal contract? It wasn't until I visited the flat after T missing May rent and seeing the state of it that I decided to issue S21. T did raise a defence to the possesion order (N5B) in reagrd to this. What did you mean about serving the PI so the recorder can hear me? What is that? It's depressing and unjust, seriously thinking about the long term with theis flat. I bet my life that this will go in the favour of the T - that's how GB law goes, those that do the wrong thing get rewarded and thise that do the right thing pay for it. What's the worst case scenario here? How many more months could I possibly go without being paid? Link to comment Share on other sites More sharing options...
Carryon Regardless Posted December 9, 2014 Report Share Posted December 9, 2014 Bear in mind that the issue of tenancy renewal might not be raised, but in your position I would prefer to be fore armed against any feasible court situation. There may well be better experienced additional thoughts by others here. I would hold back on the tenancy finishing June 28th, as it follows that you offered the renewal till 28 June 2015. As you are required to include the AST with yor possession claim that might be too late. The court will give some tolerance to ignorance. A defence of 'verbal' agreement may not be accurate but a contract may exist purely by an understanding alone. I see it as reasonable for the T to understand he was in contract. What date did you actually serve the S21, this will show your true intention. It may be that some nudging of the judge toward a logical decision could be worthwhile, for example, Any tenancy renewal at 28th June 2014 would be dependent on the the tenancy having run without serious issue. By this date the arrears were apparent and communications had faltered. To confirm my position I served the S21 demonstrating my desire for repossession before the tenancy in place at that time had ended. Some research on other case histories could be worthwhile, especially if you can quote them to demonstrate to your advantage. A defence of a S21 is failure to serve or reserve the PI. If it becomes clear you are to take the S21 route again then demonstration of your serving the PI is achieved in court simply by saying clear and loud enough "I present you with the prescribed information regarding the protection of your deposit", this will be recorded and later typed up for the court records. I share your view of the inept legal system. If you choose to take legal advice I view your are then just feeding the vultures, but it's your dosh - for now. Link to comment Share on other sites More sharing options...
Mortitia Posted December 10, 2014 Report Share Posted December 10, 2014 Don't be too disheartened Gros Ave. Section 21 is a minefield but the courts are there to administer justice on both sides. The tenant is contracted to pay the rent (on time) and the lack this is one of the main reasons for you wishing to end the tenancy. The law is not there to make your life so difficult your business runs at a loss because of the tenant. A landlord under the 1988 Housing Act has the right to end a tenancy via Section 21 but this has been made more difficult under the newish legislation on deposits and PI but that basic right is still there. Adding to Cor's tips I would argue that the tenancy progressed on a periodic basis as you did not reply to the tenants text but let the existing tenancy become an SPT (Statutory Periodic Contract). No new fixed term contract was issued. Link to comment Share on other sites More sharing options...
GrosAve Posted December 23, 2014 Author Report Share Posted December 23, 2014 Hello all, My court hearing was today and the judge has made an order for possession on 6th Jan. The tenant didn't turn up, the judge asked me if I verbally agreed to an additional years tenancy, to which I said no, of course, then he made the order, including costs. FANTASTIC - feeling relieved after nearly 100 posts on here . If he hasn't moved out by the 6th I need to apply for a warrant for the bailiffs. Then of course I need to start the small claims for the money he owes me. Out of interest, the advice I've had is to start this now for the rent arrears, however the state of the property will involve several thousands to get back to an acceptable standard for renting. Should I wait but run the risk of not having an address for them? Is there a way of tracking them down? If it wasn't for you guys and all your experience, this would have been a very different situation for me - your help has been invaluable. THANK YOU. Link to comment Share on other sites More sharing options...
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