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Carryon Regardless

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Everything posted by Carryon Regardless

  1. Post a notice of intended inspection with 24 hours notice. With all your contact details detailed you can 'hope' for a response from the T. The only way you can legally and correctly enter is by Court order and that would require a Bailiff action. I would be looking for evidence of departure, talk to neighbours to see if removals have been apparent, ring the energy supply companies to see if the accounts have been closed out, ring the local Council tax office to see if you have become responsible for this (that can take a while though as more often it is only when a HB T becomes reg
  2. I did have the lass of a Polish family accuse me of racism, because I didn't provide the AST in her language. She also claimed disrepair as every time she turned on the cold tap the water came out with such pressure it splashed her. I thought that most people would have learnt by the second time not to turn it on so much.
  3. I can't find the thread where we discussed this previously but firstly I was of the understanding that we are permitted to only provide a web link to this booklet. Secondly I read this wasn't adequate, so now worried that I had been neglectful to my poor tenants I looked for support of my first understanding and couldn't find it. I should have just read the booklet. Under "The landlord must provide you with" is "A copy of this guide..... via a link or as a printed copy." The incoming tenant can have the one I've printed off, and then for the fun of it thought I'd read the stupid thin
  4. Create a rental agreement with a 3rd party, Mr smith, for the garage and its use. This person, Mr Smith, has full access rights to the garage that they are in possession of. Your existing T's are aware of the storage use of the garage and as long as the use isn't hazardous have no rights to have understanding of that use. As the garage is for storage, of what is immaterial, access to store and remove is a reasonable right. How often is not for them to attempt to control. Would anybody attempt to control their access to the property they are in possession of? Mr Smith permits yo
  5. A fair number of the T's have fleas so pretty sure their fluffy pets will have. Hard to believe they would do a good job with DIY efforts.
  6. My AST requires T's to obtain written consent for pets, of course at application there is the question of pets and that allows me to reject the application. So a couple w/o pets moved in over 3 years ago and what do you know there are 2 little doggies. I can hoof 'em but the ill effect of fleas will already be present. Any animal smells are soon there anyway. I can make claim after hoofing against them and/ or their well of g'tor, but I have little confidence in the CC system already and as the strategy I'm using against Compton's demonstrates, recovery of the out of pocket expense is rar
  7. Agreed Grampa, for slightly different reasons but similar I have reduced the attention I give to T's and have learnt to stay within the legislative requirements. Where as I used to enjoy giving good service before the gov't increasingly told me how to.
  8. With luck I'll get to improve my quality of T's in Wales. Often i've to lower my expectations as demand isn't healthy, that might improve as other LL's increase their admin charges.
  9. So if agents don't charge tenants I assume they charge landlords, Maybe I'm missing something here. The gov't's don't lime LL's and prefer legislation to cause us to be more controlled and professional, with such as selective licencing, schemes to train and produce qualified LL's. While there are those fly by night agents in general a professional agency is easier to police than the hundreds of LL's on their books. This measure is more likely reduce the use of agents as a LL won't like the extra initial charge coming his way. I see this as being contradictory to the desires of any gov't
  10. Aside from insurance backed schemes we don't hold the deposit anyway. Then trying to claim the deposit from an awkward T who defends the claim isn't really worth the effort, as in most LL / T litigation's the T will have the an advantage come time for 'whoever' to decide who gets what, or in the LL's case not. I am surprised that the Gov't are cutting their revenues from the holding of deposits some, and I've always seen the deposit schemes as an unnecessary Gov't scam anyway. Why a T shouldn't use the court system like any other faltered business transaction escapes me. The hom
  11. But there are no requirements as such. As there is no legislation, similar to the annual gas inspection, that causes us to meet any standard we only have to demonstrate a duty of care in the event of a serious mishap. And only then if the HSE decide to make an example and prosecute for negligence. The HSE barrister is going to use the 17th Edition 'Regulations' to show the standard the property should have been wired to to be safe. There are three organisations that oversee electrical contractor competence, but the NICEIC is the better known and more widely required by local council build
  12. The first sentence of my reply answers the op's question, and actually has been answered by others in this thread. I cannot answer for HMO's, as I've no experience with these. There is no legal requirement to carry out an electrical inspection on a rental property. If an NIC electrician has provided an inspection certificate, and we are able to check that the electrician is registered with the NIC and we are able to check online as to the validity of the certificate it seems to me that there is no confusion regarding our having satisfied the duty of care requirement.
  13. There is no legislation to cause LL's to carry out electrical inspections. The IEE 17th Edition Wiring Regulations are the standards electrical contractors should work to. It isn't legislative but in the event the HSE attending one of our properties (due to being informed by the Police following a notifiable incident) any inspection following that incident will use the 17th Edition standards to prosecute us for negligence, or what ever. If we have had a property inspected by an NIC contractor then it's reasonable to view that we have done all that is reasonably practicable to comply
  14. NICEIC is the recognised body to oversee contractors, more credible than Part P. It looks like an online check can be carried out, https://www.niceic.com/find-a-contractor/certificate-check
  15. I'm unable to find the information I've been acting on. So to be safe, until I can find confirmation of my earlier statement at least, I say it is safer for us to supply the booklet. Of little comfort, and not the information I've been working to, is this I've seen this morning. As an alternative, according to this guy at least, we can email the booklet as an attachment. http://www.propertyinvestmentproject.co.uk/blog/landlords-how-to-rent-guide-for-tenants/ If I'm able to find the information I'll post it up, otherwise I apologise for misleading anyone. Now I've to pr
  16. We only need provide an internet link to the booklet, The T can then choose to to download or not.
  17. A well designed and less complex system wouldn't have inherent flaws that allow for such obvious abuse. The industry has no need for such complexity, it's only the clumsy legislation that makes it so. After the election we can be sure some politician will jump on the band wagon to make it more complex yet.
  18. Scary. The story might well generate sympathy for the LL, but not from those that will say "They have a house in London don't they? They can afford it." Much worse is that this can serve as a very dangerous education for the type of T we all fear, and worse still I can see ways that a T could manipulate a more favourable result for themselves from a naive LL. Grampa you're so right, we need to know what we are doing. But the law being so clumsy and changeable it's not surprising that many are caught out. The LL is an easy and prominent target.
  19. Some of Grampa's points are only relevant if he became a T after Oct 2015. Clearly here what is very important is to follow the process defined as lawful by legislation, and record your actions. A letter to the T, sent by record of dispatch and not signed for on delivery, detailing the situation is of value. As a lawyer when he sees that you are acting as required and not stepping into the world of ambiguity that lawyers enjoy he will likely play ball. His reputation is important to him 'if he really is a lawyer'. Research, not sure how, his status as a lawyer. Try to find
  20. All she has to do is not let him back in, end of. As LL to her there is nowt you can do to remove her guest besides evict her and repossess the property.
  21. Nope, A second home, a holiday home, is paid at 150% nowadays, as are our properties if they are mt long term. The length of time mt is discretionary. The local council, as do utility providers, accept a T's word of when they departed a property. If not the T informing the council will become aware from a redirected HB claim. The council may request an inspectors visit to see mt. If a LL isn't aware of the abscond this can't be facilitated. Writing to the council and offering a affidavit would be difficult to reject as evidence. However if you haven't been served notice a
  22. Does anyone here 'attempt' to have their properties supplied by one supplier? There are such a mass of companies and their varying styles of dealing that nowadays when a property returns to my possession I don't try to deal with any of them. I wait till they threaten action before quoting my actual readings and settling their bill. I would prefer to have this situation organised so that an email or phone call can sort change overs with minimal fuss. We can't physically stop T's choosing another supplier once they're in, I don't remember how long they've to be T's but remember somethi
  23. Thanks Grampa, I think I've got that. As I understand even without a contract in place a T needs to give 1 months notice (I'm not talking of weekly paid rents here but due monthly). although in Oct 2015 things changed for the LL the T's notice still expires on the last day of a tenancy period (or for some very confusing reason the 1st day of the next (and T's choice)). W/o contract the 1st day of of the T taking the keys would demonstrate the start point of a SPT. So as with many AST's, and mine, a T once into a SPT needs to give a minimum of 1 month notice (not 4 weeks as many try), unti
  24. I agree, it wasn't MT, Councils are happy to charge the same person for council tax on 2 properties when it suits them. Are the council aware that the property was furnished till mid April? Are the council aware that the T was still as a T till mid April? Be careful you don't enter the area of a possible illegal eviction claim. Also a T (exT) could feasibly claim for the value of belongings that you disposed of. Fore thought to these points might well affect your strategy..
  25. Grampa perhaps you can clarify, the term contractual periodic is new to me. My AST's state clearly when a fixed term defaults to statutory periodic, as it's stated within the contractual agreement is this the same as defaulting to contractual periodic? I have had similar issues with the Denbighshire council over council tax liabilities. A lot seems to come down to the discretion of the particular council. When a T absconds the council tax liability reverts to me, that is from the day the T has registered at a new property. As RL, if there is a charge it is then for me to recover that
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