Tenanted property bought at auction, tenant not communicating

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    #46
    Ah yes, I see I missed the inconspicuous-Sellotape-on-door strategy. Not recommended by me either.

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      #47
      met the tenant today, and have seen the property which is in excellent condition.

      The tenant informed me that he has seen my letters but thought it was fake and not real, and that he has been living there for one year, and has paid his rent on time, and that he has spend money on doing up the house and looks after the house properly, the tenancy agreement seemed genuine as i verified it and previous landlord confirmed.

      The previous landlord also told the tenant to stop paying him now and to pay me directly, the only problem is that the tenant has already paid the previous owner the rent from when i purchased and that i have to wait a week before the next rent is due. In the end it worked well the property doesnt need any work to be done on it, and the tenant agreed to make payment. However I will never again buy a tenanted property from auction, thanks every one for all your advice and ideas, excellent forum

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        #48
        Originally posted by hammatime View Post
        met the tenant today, and have seen the property which is in excellent condition.

        Did you see any evidence of illegal activities which you where very worried about ! http://www.landlordzone.co.uk/forums...308#post386308
        Fed up with nitpickers and rivet counters...

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          #49
          Originally posted by hammatime View Post
          The previous landlord also told the tenant to stop paying him now and to pay me directly, the only problem is that the tenant has already paid the previous owner the rent from when i purchased
          So the previous owner/landlord needs to pay that back to you...

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            #50
            Agreed,but prev LL may claim payments were for pre-sale T commitments.
            To avoid litigation costs, best to start afresh. Request T allows new, detailed property inspection to ascertain property condition as baseline & to identify any LL resp repairs reqd. as I doubt OP has access to move in inspection, if any, conducted.
            OP states property in good condition on cursory glance, so should not be a prob for T. It also demonstrates OPs business-like approach in favour of T. Any dispute would be between OP & vendor.
            The main thing is OP has established LL communication with T.

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              #51
              Right, so you have made progress and seem to have achieved the right outcome at last, but don't rest on your laurels just yet!

              The subject of the deposit is still bugging me. As the new LL, you now need to secure any deposit the tenant made at the start, in a scheme, and provide tenant with the prescribed information from that scheme. Did the previous LL release the deposit to the tenant at the point of sale? Did he release it to you? Has he gone off with it in his pocket?

              Legally you are now responsible for the deposit, so you need to find out where it is, get hold of it and re-protect. Otherwise at end of tenancy, tenant will be requesting his month+ of cash back, and you will have to cough up.

              Also, as previously mentioned, should you feel the need to end the tenancy, lack of deposit protection will preclude you using the S21 route for eviction. In the meantime, should tenant chose, he can take you to court for return of the deposit value plus a fine of up to 3x that original deposit amount.

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                #52
                Originally posted by LesleyAnne View Post
                Right, so you have made progress and seem to have achieved the right outcome at last, but don't rest on your laurels just yet!

                The subject of the deposit is still bugging me. As the new LL, you now need to secure any deposit the tenant made at the start, in a scheme, and provide tenant with the prescribed information from that scheme. Did the previous LL release the deposit to the tenant at the point of sale? Did he release it to you? Has he gone off with itA in his pocket?

                Legally you are now responsible for the deposit, so you need to find out where it is, get hold of it and re-protect. Otherwise at end of tenancy, tenant will be requesting his month+ of cash back, and you will have to cough up.

                Also, as previously mentioned, should you feel the need to end the tenancy, lack of deposit protection will preclude you using the S21 route for eviction. In the meantime, should tenant chose, he can take you to court for return of the deposit value plus a fine of up to 3x that original deposit amount.
                tenant has agreed i give him a new contract and put as £0 for deposit and he signed and agreed and it will be his responsibility to get his deposit from the previous landlord

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                  #53
                  It sounds as though you have got off lightly - but get it all in writing. Don't just depend on what the T 'said'.
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                    #54
                    Originally posted by hammatime View Post
                    However I will never again buy a tenanted property from auction, thanks every one for all your advice and ideas, excellent forum
                    There is nothing wrong with buying a tenanted property at auction, it's just that you do the most simplest of checks before committing, as they often go very wrong.
                    Allow tenants to protect their own deposits. I want free money when they do it wrong

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                      #55
                      You must find out his name, and indeed if he is a tenant. For all you know he may be a squatter.

                      you can post an abandonment notice giving him two weeks to respond, or give him 24hours notice of intended access to inspect the property whether his is there or not.

                      If all else fails you can serve s21 notice on him using the formula of Mcdonald V Fernandez and leave it 3 months. Issue and if he seeks to defend he will have to provide a copy of his tenancy agreement (if it exists) to defend your claim.

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                        #56
                        Originally posted by Snorkerz View Post
                        Here is my suggestion.

                        Providing you have complied with section 3 of the 1985 Landlord & Tenant Act, and section 48 of the 1987 L&T Act, then commence eviction proceedings under section 21 of the 1988 Housing Act.

                        It will cost you £175 to take this to court in about 2 months time, but presuming tenants defend your claim (and if they don't - smashing) then they will have to provide paperwork to prove whatever claims they make.

                        Once you have sight of that paperwork you'll know what you are dealing with and you may be in a position to launch a second - successful - eviction.
                        Originally posted by hammatime View Post
                        met the tenant today, and have seen the property which is in excellent condition. . . the tenancy agreement seemed genuine as i verified it and previous landlord confirmed.
                        Originally posted by DrDave View Post
                        You must find out his name, and indeed if he is a tenant. For all you know he may be a squatter.

                        you can post an abandonment notice giving him two weeks to respond, or give him 24hours notice of intended access to inspect the property whether his is there or not.

                        If all else fails you can serve s21 notice on him using the formula of Mcdonald V Fernandez and leave it 3 months. Issue and if he seeks to defend he will have to provide a copy of his tenancy agreement (if it exists) to defend your claim.
                        Do keep up dear

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                          #57
                          Do I need to spring into action as Topic Expert for Star Trek Related Matters and crank up the warp factors?
                          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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