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One tenant moved out


GrosAve

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No.....seems I was wrong. Telling the truth is NOT important.

I've just watched the world cup final and it seems that its OK for professional footballers to lie, cheat and foul on a world stage in front of heads of state and millions of TV viewers.

Why should it be any different for Landlords ?

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No I don't think it is.

* Giving a limited, but accurate ref' may be accepted in full. At least the requester will know some aspects of the previous tenancy.

* Giving no reference is going to suggest one of two things i) there have been problems or ii) the previous landlord can't be bothered with providing one.

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I would hold on just giving tenant a written reference but wait until contacted by prospective landlord or an agency.

IME they just ask 'did he pay the rent on time?' Well he did until he got too comfortable with the tenancy and took off to Africa (as you do) leaving you hanging, waiting for rent GrosAve.

As a LL I would be well **ssed off he someone gave him a good reference without mentioning the late rent - if I asked that question.

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  • 4 weeks later...

Hello guys, me again, I return.

So, 29th August is fast approaching and I want to focus on familiarising myself with form N5. That is the form that I use to claim passion via the court isn't it? Can I do this online? Is there an example form completed I could look at to ensure I fill mine out correctly?

Thanks guys and speak soon

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  • 3 weeks later...

Hello, 29th is 1 week away now and I don't think they're going to move out. He's avoiding all contact with me. He is one month rent in arrears too. I have down loaded the N5B and have filled that out but would like to show it to someone to check it for me if you wouldn't mind? If I want to claim for the rent arrears and court fees should I use another form?

I sent a letter based on RL example in which I stated that I would be at the property on 29th at 1pm to go through the inventory list as he moves out. He told me he received the letter but has not responded to it. Should I still go there and if he doesn't move out send the N5B form immediately to the local court?

I am in two minds whether to hand this process over to an eviction solicitor if he doesn't move out on 29th.

Can anyone advise on what would be the best approach from now?

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Whats the 'best approach' ? thats entirely subjective.

* If you want to save money, best do it yourself.

* If you want it done without hassle or worry best use a professional.

If I were in your shoes I'd be handing over to a company like Landlord Action.

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Gros Ave - stick with it employing a solicitor now will not make it happen any quicker at this time and it will cost you ££££s.

How many tenants have you evicted via the company you recommend Richlist?

I personally would have been very surprised if tenant had moved out. He will wait until you get a possession order via N5B then either leave or wait for the bailiff.

Go there on the 29th very amicably and see if he will talk to you, look at the inventory etc. Take a lady friend with you as witness but do not encourage her to speak just listen and observe.

If he does not respond then leave - you don't want to be accused of harassment at court and I can guarantee he will try that to stave off eviction.

N5b is quite straightforward but you can ask the court counter staff to check it over as that is not asking for legal advice which they are not allowed to give. Leave the filled out form at the court so you know it is being processed and wait for a hearing date. Yes do it next day from the expiry - don't wait.

Is this tenant on HB?- if so inform the benefit office with copy of N5b just in case he is expecting to be re-housed.

Arrears - on the N5B is the option to claim court costs - it is a tick box option - tick it. Rent debt cannot be got at this hearing as it is exclusively for possession. Either get it off his deposit or write it off - getting he property back into your possession has to be your main objective.

Unless there are massive debts just get possession and end your misery chasing 'ne'er do wells' for money is mentally exhausting!

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How many tenants have you evicted via the company you recommend Richlist?

1. I don't need to have personally used any company in order to inform members that they are an available option.

2. I know a few people who have gone down the professional route, successfully.

3. My post was clearly indicating what I would do if I were in the same situation.

4. It was not a recommendation.

5. All members are individuals with different experiences but we are always free to express our own opinions.....and of course, we will often disagree.

6. I am already aware that you have a low opinion of Landlord Action......I don't share that view.

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Thank you guys - just so you know I appreciate all your opinions because I know you have more experience than I.

Just to update you, I received a text today from the tenant saying he is going to try to pay July and August rent at the same time. If he leaves on 29th August he wouldn't need to pay August as he paid that in advancce at the beginning of the tenancy 8 years ago. However in that text he said my reminder letter of how he should leave the property was too demanding not allowing him enough time. I served notice in accordance with the AST 2 months in advance.

I'll go there on 29th with a lady and then straight to the court to refister the claim.

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Seems like tenant now realises he is in deep do-doos with offer of rent. Don't respond to that offer or his opinion of the notice in any way. If he pays more than he needs to you can refund it later. None of this will affect the Section 21.

Yes go there as you said you would but keep it amicable.

Richlist - thanks for that clarification on eviction service companies.

I don't have a view on that particular company but all they will do is issue Section 21 again and there will be another 2 month + wait and of course their costs. Whereas if Section 21 is correct and N5B sets hearing date then GrosAve is on his way to possession without costs and wait. Stick at it GrosAve!

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  • 3 weeks later...

I've sent the N5B form to the court and tenant, I received a letter today from my tenants solicitor. The letter states that the tenant didn't receive a S21 and he is a good payer of rent and can I issue another AST for 1 year. I was amazed at the poor grammar of the letter and the typos. I'm no English master but I would expect an accurate letter from a solicitor. There are typos in the letter and everything in it is untrue. He did receive the S21 and acknowledged that in a text and told me he would ignore. He is not a good payer of rent and is still in arrears.

I'm unsure how to respond to this letter or should I at all. Any advice

Many thanks

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Hi guys, I had a call from tenants solicitor today and I have to say he sounded as if he was a young street guy with definite street accent. Anyway he asked if I received his letter, so I explained everything was untrue on the letter and that I wanted to sell the property and wasn't prepared to rent it for a further 6 months as requested. I'm not selling it.

Then I received two strange texts from my tenant which is clearly not his words...

TENANT: Paul, some one recently came into the house. He was from EVERWARM cavity wall insulation. He said they can do insulation for free. His tel. Number is 07455120789

ME: No, don't need it

TENANT: Last week, Southern and Scotish energy staff came to check electricity for the people living upstais because they were having electric shock in their house. It was detected that the fault is in our house. They disconected the lights in the living room, bathroom and smaller bedroom.

The last text is worrying me slightly, however, he should have moved out on 29th August and he shouldn't have allowed anyone to touch the electrics without them speaking to me. Unsure how to respond to this, any advice? Oh, I do not have an electric certificate and also upstairs has flooded my flat previously.

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Re. Electrics fault, I would get your flat professionally checked as soon as possible. It may be dangerous.

If the fault was due to previous flooding from above an electrician may find evidence in your ceiling fittings. The SSE guys seem to have taken some emergency action for occupants above which affected your flat. They informed your tenant as occupier, presumably expecting him to inform you, as indeed he has. Make sure you get a proper report for insurance claim purposes.

Re. Solicitor, What is a 'definite street accent?' ...and why should accent be relevant? As per earlier advice to you in thread about ignoring letter, you should not have spoken to him at all.

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Thanks Chestnut.

Definitely going to get the electrics looked at by a professional as soon as.

In regard to the tenants solicitor, I made the comment about his accent because his letter was so poorly written and I was associating his accent with that, judgemental of me I suppose. It was difficult to not speak to him really as he'd called but I feel I shouldn't have. I only corrected all the untruths in the letter. Hopefully i haven't made things worse for myself.

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I am thinking that so called 'solicitor' is confusing Section 21 with Section 8 possession.

You are correct to make a judgement - solicitors don't ring people up over cases like this - they write more letters cos it makes them more money. On the whole they are useless and landlord and tenant stuff (a personal opinion).

With Section 8 if disrepair can be cited then a judge will not make an repossession order but adjourn for reports but YOU have gone down the Section 21 route which GUARANTEES POSSESSION.

I would ring up SSSE and ask if they visited your property and ask was a fault found. Also get a professional check as back up.

The insulation thing is crap - just a canvasser - don't respond to the tenant on stuff like this.

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Morticia, I totally get what you're saying and it makes sense.

I've called SSE and it is true that a fault was found in my property. Ive called a professional electrician who will come out to look at it. He needs access to both flats. That's where it gets a little bit tricky. Four years ago upstairs flooded my property, denied it and got very aggressive towards me. It was all sorted but they are not approachable. As the electrician needs to access both properties I'm wondering how I should broach it with upstairs? Maybe a letter from me? It's within their interest to get this sorted but I couldn't take the abuse I received last time I contacted them about the flood, 4 years ago.

Many thanks.

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