evict a non rent paying, blackmailing tenant - Courts no help at all!!

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    #61
    Re: Bulbs .... the non energy efficient bulbs have been withdrawn from the market; although Tesco are still showing stocks of some 40w ones, therefore some light fittings will not accept the shape of the new bulbs and light fittings may need replacing.

    Comment


      #62
      Originally posted by westminster View Post
      With respect, Snorkerz, I think that encouraging OP to pursue this avenue isn't going to help in terms of getting a possession order ASAP. While it may be easier - long term - to get one with the T banged up in prison, I think ideally one should aim for a faster result on the basis of rent owing and unpaid under ground 8.
      I totally agree with you Westminster. However, there is no harm in the two processes running in parallel - the fraud may not have any bearing on the s8, but it is still criminal activity and should be reported IMHO - AND - dealt with properly by the police - who seem to be passing the buck as with so many things once tenancies are mentioned.

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        #63
        I have been mulling over this issue, Things may be much worse and great caution needs to be considered,

        The T is clearly a person of no morral compass so consider the worst possible case, Arson, I know by first hand Insurance companies are experts of getting out of their liability, I assume in the small print a requirement will be required for full and propper reference check, Gas Safe Cert and God only knows what other get out of jail clauses are in the policy,

        Reading your statement regarding forged references and his past, You are probably uninsured and probably you need to contact the insurance company ASAP I am no lawyer but if I am right and you are uninsured I trust you see the problem.

        On the TV every day I see a no win no fee accident claim advertisements, I am sure you are at risk in this area too.

        Seek legal advice but paying him off however disgusting looks viable given these possible things I mention.

        The good news is 5k or so, Such a greedy man will see it as easy money and look for another victim,

        The odds of him going to jail for his crimes are nil and pursuing this area although correct in my view increases the risk of a revenge move including more damage to your property, Paying him off may reduce the risk but it must be done correctly with no loopholes.

        I hope I am wrong and he gets what he deserves but for me I would be in damage limitation mode,

        Good luck and get a good solicitor and try not be emotional, Just business and chalk this one down to experence, Its a dangerious business anything to do with money so take no chances ever.

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          #64
          Originally posted by landlady_uk View Post
          I called the police and explained the situation of the tenant creating a false email address using my details and contacting the council.

          They advised that since the T has not gained anything in terms finances/goods as a result of impersonating me, technically he has not broken the law and there is nothing that can be done. Seems like this could be a dead end? I explained to the officer that if T has contacted the council, he could contact other parties pretending to be me i.e. courts etc- officer advised that only thing to do is contact all parties who I think T will emaila nd advise them of the situation.

          Unfortuantly it seems that he will not be reprimanded for this.
          Sadly these days unless you hand it to the police on a plate with a ribbon around it they seem to want to avoid doing anything. This is rather like them saying he only tried to steal somethhing he did not actually manage so he has not committed an offence. face - meet - palm with hard slap repeatedly.

          PM me with some details and I will see if we can compile a letter asking questions in such a way that the police have no option but to do something, even if only to say that because it is day with a Y in it they do not deal with those offences on such a day.

          pm
          Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

          Comment


            #65
            Originally posted by kittikat View Post
            Re: Bulbs .... the non energy efficient bulbs have been withdrawn from the market; ..............
            Err.. most stuff is still available at e.g.

            http://www.thelightingsuperstore.co....sp?catcode=222
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #66
              Originally posted by kittikat View Post

              Rant over
              I agree, the advice I have received has been invaluable, I am extremely grateful and I intend on acting on this.
              No I do not have access to the original sent e-mail, however the council have forwarded this email to me and as I wish to take this fraudulent activity further with relevant authorities I posted the email with a view to gain advice from more experienced peers on how best to proceed with this. Technically this email came from ‘MY’ email address...even though I did not send this!

              I have openly admitted that I did not secure the Deposit = Yes I agree that WAS a mistake on my part but that is THE ONLY thing that I did not comply with – the primary reason why I did not secure this was I was advised that as I had not been paid the FULL deposit amount; it was still unpaid so no need to secure the partial deposit. This has since by clarified for me by members of the forum which I have acknowledged and I have stated that I will act upon this. As I have been given the correct advise, which I will act upon I do not view this as ‘negligent in complying with the law yourself’. If I continued to ignore this advise, that would be the case.
              I signed to a 5 year lease as the T expressed that he wanted a property Long term – he portrayed himself to be a PERFECT T, and once the agreement was signed, his stance, attitude completely changed. Lesson learnt here – In the future agree to a short term length, after which review and extend if no problems occur. You are of course entitled to your opinion, as am I, but non-compliance with not securing deposit is by NO means whatsoever a green light for the tenant to act like he has. No way whatsoever!!!!

              I CAN assure you that the only non compliant thing I have done is NOT to secure the deposit – how that labels me to be a nightmare of a LL is incomprehensible to me. I have given the T many chances – I.e. gave him 2 months @ beginning of tenancy to pay which he took no notice of. He has damaged my house/property/Emailed me constantly with his ranting which affected my health and my work; asked to be paid a preposterous sum to leave my property (you can read the claims he has cited which bear no substance), created a false email address using my details and contacted council pretending to be me, has called me on phone on past threatening me ETC ETC te list is endless. In my opinion – the party who IS A nightmare and HAS complete continuous disregard for the law is not me, the LL but the T.

              Comment


                #67
                Originally posted by westminster View Post

                You had no obligation to replace internal doors. Mistake to agree. And I find it incredible that you also agreed to 'reimburse' T for the cost of the original doors! *facepalm*


                'Corgi' is an obsolete term for what is now called 'Gas Safe'. See http://www.gassaferegister.co.uk/ It applies only to gas safety, not to general disrepair, so it's not much use in terms of a disrepair claim.


                Are you beginning to understand why it might be a false economy to refuse to get professional legal advice?
                Hi WM,

                Thanks for your post.

                Apologies, I do not think I explained myself with doors - I returned the doors that I bought to the store and I gave the amount of money that I paid for the doors to T - who bought doors of his choice.

                Your right, its not corgi but gas safety - I passed a copy of the certificate to the council who have this after T moved in and started complaining.

                You are right again - I am beginning to realise this con artist needs to be dealt with by a Professional.

                Thanks again for your help.

                Comment


                  #68
                  The difference is the T knowingly broke the law and you didn't you don't need to justify yourself you seem to be a fair LL to me and the T by the sound of it is a pro which makes every one on the DSS look bad.

                  Just take a breath and see a solicitor most offer a free hour or so for advice. I'm in the same position as you and its a nightmare no amount of bashing on what you should have not done will help you just learn and don't get dragged into the law is wrong debate if anything it strays the thread off topic.

                  Good luck

                  Comment


                    #69
                    Originally posted by nobody View Post
                    I have been mulling over this issue, Things may be much worse and great caution needs to be considered,

                    Good luck and get a good solicitor and try not be emotional, Just business and chalk this one down to experence, Its a dangerious business anything to do with money so take no chances ever.
                    Thank you - I had not considered contacting insurance and will contact them today to explain the situation..Could anyody please suggest a reputale law firm in North west region?

                    regards LLUK

                    Comment


                      #70
                      Originally posted by wrusst View Post
                      The difference is the T knowingly broke the law and you didn't you don't need to justify yourself you seem to be a fair LL to me and the T by the sound of it is a pro which makes every one on the DSS look bad.

                      Good luck


                      Thank you Wrusst.
                      Good luck with your case also.

                      Comment


                        #71
                        Originally posted by kittikat View Post

                        With regards to post #35 - the originator of this e-mail is very easy to trace via the IP address that it was sent from. So if it has been sent from your tenant it would take about 3 mins to confirm this. No matter how hard you try to remove anything you do from your computer there is always a traceable trail. Assuming your tenant is as savvy as you claim and they have used say an Internet Cafe this will still be traceable.

                        Unless of course he was wise enough to use either a Google or Hushmail address, which automatically 'strip out' the IP number of the originator and replace it with the IP number of the actual email provider itself, hence removing the risk of being traced back to any one person.

                        This is why the Nigerian 419 email scammers use Gmail to scam people online.

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                          #72
                          Just had a thought could you get a statement from your previous Tennant to say the house was in a good state of repair that may help.

                          Comment


                            #73
                            Originally posted by wrusst View Post
                            Just had a thought could you get a statement from your previous Tennant to say the house was in a good state of repair that may help.
                            Hi,
                            The only contact details I have is a telephone number for previous tenant; which I have tried calling numerous times, the phone is constantly off so no joy there. :-(

                            Comment


                              #74
                              I think there are ways and means id search social networking sites and typing locating previous Tennant's UK brings up no find no fee company's that do it for you but i have never used them.

                              Comment


                                #75
                                Originally posted by landlady_uk View Post
                                I submitted the s8 notice and cited ground 8 (non payment of rents for over 2 months – I understand that this is a mandatory ground) This was the most primary reason for applying for an eviction order.

                                Numerous other non – mandatory grounds were also included to support my claim, which are outlined in my primary post
                                Originally posted by landlady_uk View Post
                                4. Date s.8 was served and what grounds it cited?
                                30.05.2010 – ground 10, @ this stage tenant owed me 13 weeks in rental arrears. Breached terms of tenancy, keeping dogs in property without LL consent. Damaged property (front door broken, dug up lawn from front & garden, ripped out old trees, I included photographic evidence)....
                                6. Did you obtain proof of service of notices?
                                Yes I have photocopies of s8.
                                Originally posted by westminster View Post
                                In post #15 you say you cited ground 8, the mandatory ground for two months' rent owing and unpaid? (N.B. not equivalent to 'arrears'). Ground 10 relates to 'some' unpaid rent and is not a mandatory ground, nor does it relate to the other breaches you mention. See
                                http://www.letlink.co.uk/letting-fac...-8-notice.html

                                Please clarify what grounds you cited....

                                A photocopy is not evidence of service.
                                Please can you provide a clear answer as to what grounds you cited in the s.8 notice, and whether you have any evidence of service? e.g. proof of posting, or a witness to hand-delivery.

                                Comment

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