anyone had a similar experience?

[landy1972]

I have a tenant that is refusing to move. I have been through all the correct channels, and the order for possession was awarded in May of this year. It was an accelerated procedure as he was well in arrears and also the flat he was renting was in need of repair.

His solicitors put in an appeal to say that the Judge's decision was wrong, as he had said there was no defence, and therefore no right to appeal. He has since been granted an appeal as his solicitors say that the license to park a vechicle, signed and at the time accepted by him as such, was in fact a deposit and of course not placed with the right authority. He has legal aid for this and they have got a Barristers opinion which seems very excessive.

Can solicitors bend the truth like this to suit them, and give tenants more time, and surely this is a gross mis-use of public funding as he will have to leave at some time.

I am going to see my Mp about this as we are all having to tighten our belts, whilst this seems to be a gross mis-use of public money. He is still in arrears, and his solicitor is writing to me about three times a week to tell me what I can and cannot do. We have suffered criminal damage, thefts, drugs....the true tenant from hell. He has even kept and repaired his motorbike in the kitchen, even though his neighbours are complaining about the smell of petrol, and drugs as they have a four year old boy. I am powerless until the appeal, which seems very wrong to me. Has anyone experienced a similar situation? He has been advised by the housing authorities and his solicitor to sit tight. Is it correct for these authorities to bend the law, or am I just naive? Any advice would be much appreciated.

[Mortitia]

This is a game we all have to play if we pick the wrong tenant and yes, I have been there myself. The council will have to re-home this family when they get evicted so they are encouraging the tenant to stay put as long as possible and he is milking it via his solicitor.

It is wrong and it is a waste of tax payers money. Tenant and solicitior would argue it is his 'humand rights'.

Regarding the money paid for a licence to park a vehicle - did you not make him sign an agreement to say that is what if was for? If you neglected to do this that's your fault. Was a deposit paid and did you protect it? Was any deposit not mentioned in the tenancy agreement? Was the house in disrepair when you let it? Need more information really.

Mortitia

[Melboy]

Your situation highlights everything that is wrong about British Law between Tenant and Landlord.

I am pleased you are seeing your MP about this problem because it is the only way to get things changed in the long term.

Yes, it's disgraceful that public money is wasted on losers like this who think the world owes them a living.

Mel.

[landy1972]

Hi everyone, thanks for your input.

There was no mention of parking or a deposit in the tenancy agreement. I had previously experienced problems with a previous tenant who abandoned 2 vehicles when he left this address so I asked my agent to take money for a licence to park a vehicle at the address. The receipt was signed by the agent and handed to the tenant who was happy to accept it as such. But now 2 years down the line the legally-aided solicitor is using this as an excuse to delay eviction, stating that the money was not a licence(even though it was stated that it was on the receipt) and saying that it was a deposit and was not dealt with under the deposit scheme!

Does anyone know whether licences to park are commonly given?

[Mortitia]

Yes, I have had abandoned cars but got scrap dealer to remove them for ££'s or pushed them onto public highway and called the council. Never heard of licences being given for this . So the receipt says that it is for car parking licence specifically and not a deposit? Can't see how the judge is mis-reading this.

Did you not worry that this person had not paid any deposit? Is the agent doing full management? It sounds like he needs to take some responsibility for a lot of this. Ask the agent why he did not take a deposit?

Mortitia

[landy1972]

Yes, I have had abandoned cars but got scrap dealer to remove them for ££'s or pushed them onto public highway and called the council. Never heard of licences being given for this . So the receipt says that it is for car parking licence specifically and not a deposit? Can't see how the judge is mis-reading this.

Did you not worry that this person had not paid any deposit? Is the agent doing full management? It sounds like he needs to take some responsibility for a lot of this. Ask the agent why he did not take a deposit?

Mortitia

[landy1972]

Hi,

Once again thank you for your input. It is good to talk with others as you can seem very alone in this. The first Judge saw the receipt for a license, and order that the tenant had no defence, and must go. It was them his new legally aided solicitor with advice from a barrister said we were creating a sham or lying and that this receipt was in fact a deposit for the house. Therefore that gave him the right to appeal against the first judges ruling, and another two months in the property. I thought a deposit was for our protection not the tenants.

My agent is not a letting agent but works as a professional person in this field. We checked on the reference, and apart from car related problems, was not told anything untoward. Hence, with the previous car problems as explained before, the need for a license. My agent also knew his father, a respected man, so we decided to wave the deposit as this tenant is DHS, supposed to be very ill, (very active though, except when seeing officials) and it was decided to just take a license and keep a close eye on the property. Anyone reading this please do not take pity on your tenants finances, get that deposit and put it with the correct authorities! We have since also been told that he has been previously a problem to remove from premises.

Many thanks again for all taking the time to read this, and especially those who have responded.