complicated 2 months rent arrears, abusive and lying tenants with previous eviction

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  • #16
    Originally posted by fullhouse50 View Post
    Possible hence why need to be prepared for any surprises. Wait for the term to expire and evict under S21 via accelerated procedure (maybe 4-6 weeks at best) v starting now via S8. I would say get the ball rolling ASAP.
    sorry but you would mind explaining this a bit more please. I still have 3 more months before I can serve s21 with a 2 month notice.

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    • #17
      Originally posted by mariner View Post
      So OP abrogated nec checks to MA, an 'employee'.
      How was MA selected?
      There may be a problem with LL Notices if the LL was/is a Co.
      No harassment etc can occur if the rel part can be viewed from public land by LL.
      hi Mariner, please can you elaborate this a bit further around the company angle and the viewable bit related to harrassment

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      • #18
        Original Poster = in this case, you.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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        • #19
          Originally posted by vishalbjain View Post

          sorry but you would mind explaining this a bit more please. I still have 3 more months before I can serve s21 with a 2 month notice.
          No. You can serve it now with 5 months notice.

          o/p=original poster=you

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          • #20
            AFAIK if the named LL is a Co. it cannot be an AST but a commercial Tenancy when AST rules do not apply.
            Anyone can view a property from a Right of Way without fear of trespass,
            A complaint of stalking/harassment could be made. Only a Judge can eventually decide.

            Comment


            • #21
              Can you clarify something please.

              are they a FULL two months in arrears? Or have they skipped one month and have made a part payment for one? That is how I read your post. If that is the case they are not two months in arrears.

              the tenant needs to be two months in monetary terms. So if they were to pay half rent for four months they would be in Two months arrears after that time.

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              • #22
                Originally posted by mariner View Post
                AFAIK if the named LL is a Co. it cannot be an AST but a commercial Tenancy when AST rules do not apply
                If the landord is a company, the lease can be an AST.
                If the tenant is a company it's not possible.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                • #23
                  Confusing my Ls & Ts.

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                  • #24
                    Originally posted by jpkeates View Post
                    If the landord is a company, the lease can be an AST.
                    If the tenant is a company it's not possible.
                    yes, i thought so as well based on whatever i read so far

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                    • #25
                      cassa,

                      well, the tenant paid half of the rent last month and no rent this month at all so as per my calculation (diving monthly rent by 31 days) they should be in 2 months rent arrears

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                      • #26
                        mariner,

                        got it. thats very fair and I hope the judges should be able to make a fair decision

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                        • #27
                          I believe the criterion is 'two months unpaid' isn't it? Therefore you need to wait for the next rent day. No reason not to issue the S21 now though.

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                          • #28
                            Why are you not using your agent too issue S8 and S21? I don't understand why you are paying management fees and then doing the leg work.

                            Why, oh why did you let them know you lived next door? Even a S21 may be defended against/time barred, if they have put in a grievance in before.

                            They have clearly put these grievances in to defend against a S8 and S21.They know what they are doing, at least you have insurance which should mitigate against this.

                            Why has none of this been picked up on reference checks?

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                            • #29
                              Frankly, I'm wondering if o/p's agent did any referencing at all, and in view of his reluctance to claim, whether his homelet insurance is actually real.

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                              • #30
                                Just as an update on this matter
                                1. My letting agent put in a claim with homelet and it was successful although it took about a month for Homelet to accept the claim.
                                2. I visited the council office and spoke to the Housing benefit officer as well as the Councillor as I suspected that the tenant was drawing housing benefit. The officer promised to take action if the tenant had a claim and suspend the tenant's future payouts. The process here is that they will write to the tenant to prove that they have been paying rent and if the tenant is unsucessful than they will contact the landlord to pay the housing benefit directly
                                3. The day my homelet claim was approved, the tenant cleared all his previous month's rent arrears in full although he still hasn't paid this month's rent

                                I don't know which one of the things worked but looks like something forced him to make the rent payment. I have also written to DWP as I suspect that the tenant is doing some benefit fraud big time.

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                                Latest Activity

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                                • Abandonment
                                  buttons
                                  I have had a phone call from the tenants daughter, (didnt know she existed), telling me he is leaving in two weeks. I told her he has nearly 4 months left on his 12 month AST. I subsequently got two calls from a housing association. asking for a reference for him, I told them the situation but they...
                                  20-09-2017, 19:56 PM
                                • Reply to Abandonment
                                  KTC
                                  If the tenant holds a material interest of 6 months or more (i.e. during the 12 months AST), then the tenant is liable for council tax whether they are resident or not. During a SPT, the liability revert to the landlord when the tenant is no longer resident.
                                  20-09-2017, 21:33 PM
                                • Tenant having parking issues trying to hold me responsible
                                  koksy
                                  I own a freehold house which has had the front garden paved over to provide off road parking. There is a dropped kerb in front of the garden and double yellow lines all the way across the front of the house.

                                  The local neighbours are choosing to ignore the double yellow lines and keep parking...
                                  20-09-2017, 18:22 PM
                                • Reply to Tenant having parking issues trying to hold me responsible
                                  leaseholder64
                                  The police really do not like dealing with this sort of thing, and you are unlikely to get a response, even though they could prosecute for obstructive parking. This is especially true given the double yellow lines, as they would prefer the council impose a civil penalty.

                                  Although it will...
                                  20-09-2017, 21:20 PM
                                • Reply to Tenant having parking issues trying to hold me responsible
                                  security2
                                  If someone blocked the public footway outside the front gate to the property so your tenant couldn't walk into the property, would he call you to get this rectified? Or would he call the police/council?

                                  No different if its a car on the public highway or any other blockage on the public...
                                  20-09-2017, 21:20 PM
                                • Reply to Abandonment
                                  Wannadonnadoodah
                                  May only be tenants who have housing benefit paid then.
                                  20-09-2017, 21:17 PM
                                • Reply to Abandonment
                                  buttons
                                  This I believe is incorrect, I do have experience of that part happening before and sent the council a copy of the AST and they cancelled my charge....
                                  20-09-2017, 21:14 PM
                                • Reply to Abandonment
                                  Wannadonnadoodah
                                  In the eyes of the council as soon as he starts paying CT at his new property the liability will fall to you regardless of what else is happening.
                                  20-09-2017, 21:02 PM
                                • Reply to Abandonment
                                  buttons
                                  I thought you could have it so that property was marketed but he still had liability as he wont be able to pay anything as he is unemployed and would reduce his liability to council tax if let before the end of his tenancy.
                                  20-09-2017, 20:48 PM
                                • Reply to Abandonment
                                  KTC
                                  Either you recover the property, or the tenant is still the tenant with liability for rent & council tax (during fixed term of 6 months or more). You can't have it both ways of getting the property back but not liable for council tax.
                                  20-09-2017, 20:38 PM
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