Using PCOL- s.8 of 1988 Act- success!

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    #31
    Originally posted by sbedvek View Post
    I have communicated with my tenants via SMS on several occassions. I wonder if it is also worth trying to get printed copies of this?
    Certainly can't do any harm - I've done this myself in the past and included the printouts in my bundle as evidence of the number of times I've chased for rent etc.

    Comment


      #32
      Originally posted by sbedvek View Post

      I have communicated with my tenants via SMS on several occassions. I wonder if it is also worth trying to get printed copies of this?

      Is there anything else that might be useful that I haven't included?

      Thanks.
      I would prepare a sheet with the SMS messages, but I don't know if a judge would entertain them, as it's easy to fake a SMS message on a phone, and even doubly so once printed.

      If it's ignored, it's not that important.

      I always refer to text messages in written correspondence to tenants, that way, there response to my letter should either confirm or deny a SMS has been sent/received with the information included in the letter. They would be hard pushed to show a letter was not sent in the same way a text can be denied.
      Allow tenants to protect their own deposits. I want free money when they do it wrong

      Comment


        #33
        Originally posted by jeffrey View Post
        Which grounds are you using: 8 and 10 and 11 (or just one or two of them)?
        I cited 8 and 10 and 11 on both the section 8 form and the on the PCOL website.

        Comment


          #34
          Proof of deposit protection if applicable. I know its not required as you are not claming under S21 but good to have it to hand.

          I always take proof of gas and elec safety checks just in case tenant decides to throw it up that gas check has not been done as a stalling technique

          good luck

          Comment


            #35
            Success in court!

            Thanks to all on this site who offer advice as I went to court yesterday, the decision went in my favour and I'm getting my house back on the 28th.

            Next up, I'll be having to file another claim for the rent arrears - any advice on this?

            Also, how early can I show potential new tenants around? I really don't want to do this before the 28th but I wondered on the point of law.

            Thanks.

            Comment


              #36
              Obviously you can advertise the premises; but wait until you have fully-vacant possession before you re-enter and show prospective tenants around.
              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).

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                #37
                of course you have to be prepared for the possiblility that the tenants may not leave on the 28th....
                Unshackled by the chains of idle vanity, A modest manatee, that's me

                Comment


                  #38
                  Congratulations, hopefully they will leave asap!
                  Give us a brief synopsis of what happened.

                  Previous thread:

                  http://www.landlordzone.co.uk/forums...ad.php?t=28511
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #39
                    Six threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).

                    Comment


                      #40
                      Originally posted by Moderator View Post
                      Six threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).
                      Yeah, sorry about that and thanks for the merge.

                      I'll keep people posted on developments if it's of use.

                      Comment


                        #41
                        Hi, so my tenants should be out on the 28th (although I need to chase the paperwork from the courts - I haven't seen anything in the post yet).

                        If they refuse to leave can I still enter the property? I need to get a new EPC sorted and would ideally like to book this for the 28th.

                        Also, I then need to file a claim for the rent arrears. My concern is that, once my tenants are out, I'll have no forwarding address. However, I have an address for both their employers and their places of work. Presumably the courts can use these?

                        Many thanks.

                        Comment


                          #42
                          Originally posted by sbedvek View Post
                          If they refuse to leave can I still enter the property?
                          No you can't - you'll need to get the court bailiffs to evict them, which will cost ££ and take several more weeks.

                          Also, I then need to file a claim for the rent arrears. My concern is that, once my tenants are out, I'll have no forwarding address. However, I have an address for both their employers and their places of work. Presumably the courts can use these?
                          Have you not already claimed for arrears within the Section 8 proceedings? Doesn't the judgement you won already allow for this?

                          Comment


                            #43
                            Originally posted by Ericthelobster View Post
                            Have you not already claimed for arrears within the Section 8 proceedings? Doesn't the judgement you won already allow for this?
                            The judge advised me that I'd have to claim seperately once the tenants were out.

                            Comment


                              #44
                              So, here's a question for you. How do I know when my tenants are out given that I can't legally enter the property until they are and getting written communication from them is highly unlikely.

                              Comment


                                #45
                                Originally posted by sbedvek View Post
                                So, here's a question for you. How do I know when my tenants are out given that I can't legally enter the property until they are and getting written communication from them is highly unlikely.
                                Drive past and look. If it's left out front, check the bins for rubbish are two ways to see if they are still there.

                                Get a friend to knock the door if you are one of those that mistakenly believe that you will do time for knocking the door yourself.
                                Allow tenants to protect their own deposits. I want free money when they do it wrong

                                Comment

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