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

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  • westy
    replied
    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

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  • Joannepowell
    replied
    Originally posted by westy View Post
    thanks joanne
    I've emailed you privately
    Westy

    Request completed. Copies en route!

    J

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  • westy
    replied
    thanks joanne
    I've emailed you privately
    Westy

    Leave a comment:


  • Joannepowell
    replied
    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

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  • DianeB
    replied
    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.

    Leave a comment:


  • westy
    replied
    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

    Leave a comment:


  • Joannepowell
    replied
    About 10 minutes westy! But it felt like a lifetime!

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  • westy
    replied
    hi joanne,
    just wondered how long you were in court for?

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  • Joannepowell
    replied
    Originally posted by justaboutsane View Post
    Joanne.. re the DVD thing.. go to www.find-dvd.co.uk I use it all the time! I use it as a yard stick when I am bidding for stuff on ebay too!

    Too late! Time waits for no man (with the possible exception for tenants) and I've already ordered one off e-bay. £6.99 inc p&p! Getting all excited now so hope it arrives quickly!!! Sad or what....

    J

    PS. I'll probably resell it on e-bay once I've watched it!

    Leave a comment:


  • justaboutsane
    replied
    Joanne.. re the DVD thing.. go to www.find-dvd.co.uk I use it all the time! I use it as a yard stick when I am bidding for stuff on ebay too!

    Leave a comment:


  • Joannepowell
    replied
    Originally posted by DianeB View Post
    Nice one Joanne

    That does raise a question though. Because you rent part furnished, does it create a much bigger income for you and does the bigger income outweigh the possible costs of repair/checks/loss etc?

    Just wondering purely out of interest.
    Regards
    AKA Diane

    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

    Leave a comment:


  • DianeB
    replied
    Originally posted by Joannepowell View Post
    Diane I would have been very concerned if the house had been empty because I let the property part furnished! LOL


    J

    Nice one Joanne

    That does raise a question though. Because you rent part furnished, does it create a much bigger income for you and does the bigger income outweigh the possible costs of repair/checks/loss etc?

    Just wondering purely out of interest.
    Regards
    AKA Diane

    Leave a comment:


  • Joannepowell
    replied
    Gonna have to see if i can locate the film. Maybe e-bay would be the place to start (so long as Worldlife not lurking there).

    Leave a comment:


  • jeffrey
    replied
    Originally posted by Joannepowell View Post
    Saw your post re user names. Thanks rewop. I havn't seen the film Pacific Heights. Is it worth me taking the time to watch?

    Picked a pile of post up from the property whilst I was there and although loads of it was addressed to me, guess what??? None of it was actually mine. Second job on my list for tomoz is to hand it over to the police to put with all the other post they have! Great work if you can get it!!!

    J
    Film: yes, definitely. ALL potential new landlords should be statutorily obliged to view it, but tenants should be prohibited permanently from it.

    Leave a comment:


  • Joannepowell
    replied
    Worldlife - we actually saw then tenant walking in the OPPOSITE direction of the court (just five mins away from the court) at 11am when we were in a car travelling to the court ourselves. So some holiday (the estate he was heading towards isn't exactly sun, sea and sand. More Sex, drugs and rock 'n' roll if you know what I mean).

    I think he had probably had a liaison with the wife (who was meeting us at the court for the hearing)! Why do tenants presume us landlords are actually brain dead? Mind you - I must've been having some sort of episode when I let this prat sign up for my property!

    The tenant should be thanking me for the debt management assistance I am providing him with! Afterall, he will no longer be liable for the 'occupation fee' that will be stated in the court order! One less debt for tenant, one gaint step for landlord!

    Justaboutsane - thanks for your contribution. I'm gonna see if I can do a bit more research on this today. If I dig anything up I will keep members informed.

    Kind Regards as always

    J



    PS. We even told the judge we had seen him on our way to the court. I wonder if that is why is kept stressing I had possession forthwith? Ie. knowing the tenant wasn't at home ????
    Last edited by Joannepowell; 16-03-2007, 09:02 AM. Reason: typo

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