lauralivesartnouveau Posted October 26, 2007 Report Share Posted October 26, 2007 Hi I am not a solicitor and I have had no formal legal training But as a full time landlord I find that around 5% of my tenants cause me problems which may need notices served etc. However my local council now offers a free tenancy legal service and advises all tenants on eviction matters. Its cheaper for them to fight the current landlord than re-house as per obligations. After paying a thousand quid a time for a solicitor to deal with this I asked my solicitor to go through the paperwork with me so I could do it myself. A lot of councils have cottoned on to this and therefore tenants who used to go on service of notice now wait for court judgement. Its not difficult but it is a pain, if you do it yourself it costs £150 and if done correctly you shouldn’t loose. Oliver Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted October 26, 2007 Report Share Posted October 26, 2007 hi oliver, i have seen your very generous offer of helping a LL in distress, and i wonder if you can offer me some guidence too.. i served not 21 on the 2nd aug 2007, as tenancy expires on the 14th oct 2007. i initially took 2 months advance rent and an additional £125 for dishwasher hire/deposit at the start of the tenancy on the 14th april 2007. the tenant has now gone to the court for a cliam against me for not protecting his so called bond, and has put in a claim for advance rent/deposit of d/w and 3x the amount= £2400 in total! i have not sent my defense off yet, but i strongly think i took and quoted on the tenancy agreement and a receipt to the tenant thatit was 2 months advance rent on entry of tenancy period. there is no mention of deposit/bond on the agreement. does he have a case against me? also he has been advised by SHELTER and CAB and local housing that the not 21 is invalid as they agree/or have heard his verbal explanation that i did not protect his bond.. he is also refusing to take up offer of a council house, as i have given the copy of tenancy agreement to the housing, and thus they have now classed him in homeless category. to my dismay, the placement offered to my tenant is not suitable for them,so they have declined the offer, hence council cannot offer them further houding under homeless legislation...on the advise of solicitor, i have deposited the advance rent and deposit , in total £600 into D.P.S scheme, to prove that i have full intention of paying back advance. this was deposited on the 3rd oct 2007, and 11 days before their end of tenancy, and also 10 days before i received the court claim for the 3x the amount..the tenant was also told, with a witness on the 3rd oct 2007, that his advance was protected, and again via a letter/hand delivered to notify of the deposit i.d of the money in the scheme(8th oct 2007).... THE TENANT HAS NOT VACATED MY PROPERTY ON THE 14TH OCT 2007. HELP.. DO I RE-ISSUE THE NOT. 21 AGAIN TO BE CERTAIN TO FOLLOW UP WITH THE COURT ORDER AFTERWARDS, OR GO STRAIGHT TO THE COURT ORDER, AND HOPE THE JUDGE AWARD ME THE POSSESSION. WHAT IS NORMALLY THE DURATION FOR THIS PROCESS...YOUR EXPERT ADVISE WOULD BE REALLY APPRECIATED. Hi I think I might have a plan You are being used as a test case for the new TDS legislation to stop S21 evictions without deposit protection However you can serve a section 8 Its complex but it only takes 2 weeks then you can go to court on the 8 instead of the 21 (save your test case) However you need grounds there are 17 Best one is rent arrears PM me an I will take you through it Oliver Link to comment Share on other sites More sharing options...
jules44 Posted November 26, 2007 Author Report Share Posted November 26, 2007 Hi all, Just an up date-GOOD NEWS! I have today received my Possession order! my tenants has two weeks to get out-fingers crossed she does. Just wanted to let you know my good news and thank you all for your help and advice. Special thanks to Oliver for helping me through the forms I don't think I would of got it without his help. Good luck to you all. Jules xxxxxx Link to comment Share on other sites More sharing options...
lauralivesartnouveau Posted November 26, 2007 Report Share Posted November 26, 2007 Hi Jules Thanks for the warm words I appear to be getting a few unwarranted digs lately. I think all landlords need to know that even tricky situations can be resolved on a DIY basis without the need for expensive representation. Oliver Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted November 26, 2007 Report Share Posted November 26, 2007 I think all landlords need to know that even tricky situations can be resolved on a DIY basis without the need for expensive representation. couldn't put it better myself !! S Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted November 27, 2007 Report Share Posted November 27, 2007 . I think all landlords need to know that even tricky situations can be resolved on a DIY basis without the need for expensive representation. Oliver Yeah but dont some of the judges hate it because you are taking money away from the legal proffession. One of our local judges is a complete and utter b-----d talks to you like dirt and trys to find ways to find in favour of tenant such as pointing out a post office stamp is not valid because it looks like 00.00.07 and not 06.06.07 and threatening to throw it out. What a duffer Had him twice but still won. 4 nil so far (touch wood) Link to comment Share on other sites More sharing options...
GPEL Posted November 27, 2007 Report Share Posted November 27, 2007 Oliver makes a very good point about the pedancy of judges. Just when you think you've got a clear cut case along comes one looking to make a smart a**e ruling and his exercise own hidden agenda at your cost. Bit rich from a professional background notorious for sucking blood. Link to comment Share on other sites More sharing options...
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