Possession Claim WON!!! Change of locks???

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    #31
    Originally posted by Joannepowell View Post
    In answer to your question Diane, because we develop properties and then tend to mortgage to the increased value we like to 'dress' the properties for valuation purposes and so letting the property part furnished saves us having to store the stuff elsewhere. Obviously, the rent is slightly higher than it would be unfurnished and given I have an exceptional ability to source quality products at bargain basement prices I usually find that the increased rent actually goes some way to covering the cost of the items.

    I find that prospective tenants are usually either just starting out or have recently separated from a partner and don't have much in the way of possessions and so the property becomes more attractive to them. In the event that a tenant has their own belongings I volunteer to remove what they don't need but the rent remains the same. I have also had tenants then go on to buy goods of their own and when that happens they just contact me to remove the duplicated item. Again the rent remains the same.

    I'm usually working on another property (or about acquire one) on most occasions and so just use the goods on the new venture which prevents me having to worry about storage. I also have three cellars which come in useful. The one item I do not provide is a washing machine as these can be notorious for going wrong!

    Any electrical items I supply are checked annually during my electrical inspections and to be honest are so cheap these days that there is little lost in having to replace them should the need arise.

    Also, in the past I have had tenants leave items they no longer require and often continue to use the items in the same property or remove to another property.

    In fact, one tenant was vacating owing £530 rent and negotiated with me on some fantastic office furniture he didn't have room for at his new partner's home. He still owes me £400 but I got this great furniture which was just too good to leave in a rental and so now proudly occupies my home office!!!

    So in answer to your original question - it works for me!!!

    J
    Sorry I didn't get back sooner - been to see Aged P's.

    Thanks for your reply, I can understand why you do rent part furnished - it obviously does work for you.

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      #32
      Take everything!

      Originally posted by westy View Post
      Thanks
      I am going on on 18th April and wondered how long I would be in there. My Tenant hasn't paid since November. We offered her to leave before going to court and we would let her off with the rent owing but she hasn't acknowledged us so court it is. What paperwork did you have to take with you?
      Regards

      Westy
      Take everything you have westy.

      I was actually complimented by the judge for the presentation/administration of my case.

      Are you planning on representing yourself? If so, have you sent a copy of the 'particulars of claim' to your tenant? If not, do it now! I hand deliver one copy of everything and also send another copy by recorded delivery. That way the tenant could never get away with saying they havn't received any documentation. Just be sure to get a witness to observe your hand deliveries and make a note of time and date etc.

      You also have to make sure that the tenant has copies of anything you plan to use at court.

      Your best way forward is to start writing your witness statement (which also has to go to the tenant and the court within a certain time frame before the hearing - 2 clear days before in Oldham).

      During your statement you need to refer to all the evidence you intend to use (tenancy agreement, letters, rent statements, bank statements, telephone calls, invoices basically everything). The court will like it if everything is very clearly numbered for easy reference. I used a pocketed display book and put all my exhibits in that in date order then just numbered the pages. I put a contents page in the first pocket. I even went so far as to create tags on each pocket with the page number on so that the number could be easily seen to assist the judge.

      I made one for the judge and one for myself and then just sent copies of everything in an envelope to the tenant (wasn't going to make anything easy for him). Any personal details (like e-mail addresses, bank account numbers etc that I didn't want the tenant to be privvy too I just did an extra photocopy and blacked anything out I didn't want him to see and then photocopied the blacked out one again (to ensure that the details couldn't be seen under the black ink).

      I also took along my master file with everything it in just in case the court lost my bundle (that's what your evidence file is). I did not want to risk the case being adjourned so knew that if I had my master file and two copies of my witness statement I could let the judge use my file (which was also tagged with page numbers) and I could just refer to my master file (which also contained all the original documents in case any document was challenged as being fabricated).

      Another good bit of advice is to index material going out to your tenant from the start of tenancy (even good tenants who are never likely to end up in court). The reason I do this is so that if the 'worm turns' I already have documents with appendix numbers which makes filing a lot easier too. I also state the exact nature of any enclosures on letters to my tenants (along with the appendix numbers).

      I think the above is probably the best advice I can give you as a person not trained in legal matters.

      If you would like me to send a copy of my contents page and witness statement (with tenant name disguised) then just pm me and I'll see what I can do.

      Best of luck in the meantime.

      J

      Comment


        #33
        thanks joanne
        I've emailed you privately
        Westy

        Comment


          #34
          Originally posted by westy View Post
          thanks joanne
          I've emailed you privately
          Westy

          Request completed. Copies en route!

          J

          Comment


            #35
            Hi Joanne
            Just a quick note to let you know i won my possession claim today and the judge was impressed with my paperwork, which i modelled on the info you sent me. It's just a waiting game now to see if she leaves after the 14 days,otherwise it's the bailiffs

            thanks again for your help

            Comment

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