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Carryon Regardless

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Everything posted by Carryon Regardless

  1. 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 become
  2. 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
  3. 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.
  4. 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
  5. 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).
  6. 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 indi
  7. 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
  8. 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
  9. 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
  10. 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.
  11. 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
  12. 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 s
  13. 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 ?
  14. 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.
  15. 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
  16. LL since 1997

    Small Portfolio around the North West

  17. 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 c
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