T refused to go; Guarantee's unsigned; what deposit deductions?

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  • T refused to go; Guarantee's unsigned; what deposit deductions?

    Hi guys
    I am wondering if any of you will be able to give me some advice on how to get a tenant out of one of my properties.
    I have been to court to regain possession. The court instructed a bailiff to meet me at the property with a locksmith. The tenants wasn't there but all her belongings where there as normal so it looked like she had no intention of leaving.
    We changed the locks, her stuff is still inside. It has been 3 days now and I don't know when I can remove her belongings and what to do with them.
    I have a new tenant wanting to move in now.
    Any one know what I should do now??
    Thanks
    Rach

  • #2
    Originally posted by Rach View Post
    Hi guys
    I am wondering if any of you will be able to give me some advice on how to get a tenant out of one of my properties.
    I have been to court to regain possession. The court instructed a bailiff to meet me at the property with a locksmith. The tenants wasn't there but all her belongings where there as normal so it looked like she had no intention of leaving.
    We changed the locks, her stuff is still inside. It has been 3 days now and I don't know when I can remove her belongings and what to do with them.
    I have a new tenant wanting to move in now.
    Any one know what I should do now??
    Thanks
    Rach

    My understanding is, is that if you have gained lawful possession, then you should store all her items (is that practical?) for a period of time for her to collect.

    Comment


    • #3
      There is a helpful thread about disposal of uncollected goods. Try http://www.landlordzone.co.uk/forums...ollected+goods.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment


      • #4
        Thanks

        Thank you for replies. No storage is not an option for me as there is too much stuff and I can't afford it - the arrears where the last straw!!

        I thought once the bailiff had been round we could get the belongings out straight away?? All the bailiff did was be there while we changed the lock!

        Comment


        • #5
          As far as I know you have a legal obligation to store (at the tenant's expense) goods and belongings for 90 days unless there is a clause in your AST stating something differently. If they are not collected within this time you are entitled to sell them and keep any money that is owed to you and return the rest to the tenant. I realise this might not be a practical solution to your problem.
          The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

          Comment


          • #6
            Unsigned Guarantors Agreement

            Hello again

            I served a s21 on a tenant in arrears. she was refusing to leave but She has finally vacated, but has left the property in a mess and still with arrears.

            When the tenancy began last year the tenant signed and returned her agreement but her mother never returned her signed guarantors agreement.
            I do have a signed guarantors application form from her and a copy of the unsigned agreement. along with the approval from the referencing company confirming the mothers application.

            If I were to chase the mother for the rent arrears would the paperwork that I have stand up?

            Any advice would be a huge help.
            Thanks

            Comment


            • #7
              Originally posted by Rach View Post
              If I were to chase the mother for the rent arrears would the paperwork that I have stand up?
              I cannot think that it would.

              Comment


              • #8
                you can always write and ask for it but in a court of law it would not count.

                Comment


                • #9
                  One option would be to write to the"guarantor" requesting the arrears within 7 days. If you dont get a response sent a letter before action and a print out of a pre filled Money claim on-line form https://www.moneyclaim.gov.uk/csmco/index.jsp

                  stating it will be submitted to the the court if payment is not recieved.

                  It wont be enforcable but will the guarantor know that.

                  Comment


                  • #10
                    Originally posted by johnboy View Post
                    One option would be to write to the"guarantor" requesting the arrears within 7 days. If you dont get a response sent a letter before action and a print out of a pre filled Money claim on-line form https://www.moneyclaim.gov.uk/csmco/index.jsp

                    stating it will be submitted to the the court if payment is not recieved.

                    It wont be enforcable but will the guarantor know that.
                    I disagree. Suing for money not payable is a criminal offence under the Fraud Act 2006.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

                    Comment


                    • #11
                      At the very least you could try asking the non-guarantor for the money in a simple letter. Who knows, at the very least it will put them on notice that their daughter is not to be trusted and the mother hopefully will not put herself up as a guarantor in future.

                      Comment


                      • #12
                        Can L withhold deposit for cleaning if ripping kitchen out?

                        Hi all

                        what do you think to this guys??
                        Some tenants have been living in an old Victorian house for 4 years. They have now vacated and the landlord has asked to with hold most of their deposit for cleaning the carpets and oven.
                        They were old and dirty prior to the tenants moving in.

                        We have now found out that the landlord has plans to replace the carpet and install a new kitchen and has no intention of cleaning them.

                        Thanks
                        Rach

                        Comment


                        • #13
                          Are you one of the tenants?
                          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                          4. *- Contact info: click on my name (blue-highlight link).

                          Comment


                          • #14
                            no I am not.

                            Comment


                            • #15
                              sorry hit the enter tab waayyy to early then.
                              No I am the LA but am caught between the tenant and L and need some friendly advice and an unbiased opinion.

                              Thanks
                              Rach

                              Comment

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