Conned by 'pro' tenant

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    #31
    this really is an awful mess so I wish you all the best. Small consellation I know but at least make sure all utilities are in the scumbags name (TV Licence, Council tax plus the usuals). Then at least you won´t be chased for payment of these as well.

    Professional tenant he may be but I´d keep an eye on his daily movements & see where he goes, who he sees etc. Just get a mate or 2 to keep an eye on him, he is probably scamming loads of people. I can´t believe these scumbags only scam 1 person.

    Sorry I can´t be of any more help,

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      #32
      Streamline are fine so far as they go, I used them for years in my business, but you can still get conned, all the payee has to do is complain to Streamline that the use of their card was unauthorised or several other stories and you will find yourself in a situation where the money is taken from your account without so much as a by your leave, and they do not listen to any protestations from you, believe me I know.
      I offer no guarantee that anything I say is correct. wysiwyg

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        #33
        Originally posted by holdenhurst View Post
        I,ve been told by my solicitor that a S21 order 2 months before the end of the agreement will be the quickest way of getting him out, as I can apply for the accelerated route(not sure what this is) if he does not comply.
        I do not think that your solicitor's has landlord/tenant law as one of his key specialities.

        DO NOT USE THE SECTION 21 ROUTE

        All the tenant has to do when he gets the paperwork is to dispute receipt of the s21 Notice, or details of the tenancy, and he will be awarded a hearing. If a hearing is awarded then the process will be no quicker, and in all probability slower, than the s8 route.

        Accelerated Possession is a misnomer - it is only quicker if uncontested and remains paper based.
        On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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          #34
          Originally posted by jta View Post
          Streamline are fine so far as they go, I used them for years in my business, but you can still get conned, all the payee has to do is complain to Streamline that the use of their card was unauthorised or several other stories and you will find yourself in a situation where the money is taken from your account without so much as a by your leave, and they do not listen to any protestations from you, believe me I know.
          If I am taking payment over the phone I tell the customer I am going to call them back, as the call is going to be recorded.
          I make sure I state this if for training and to allow me to prove to the bank the transaction was authoised and also to help prevent any human error on our side.

          I also ask the client to confirm all the card details address details etc and that it is their card.

          My mobile records calls at the touch of a button.

          Also over 99% of my transactions are face to face and chip and pin (they can't easily wangle out of that)

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            #35
            Dear Esio Trot,

            thanks, I intend to go the s8 route now, and issue a s21 2 months before the end of the tenancy, which is in late November.

            rgs

            BW

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              #36
              Originally posted by Esio Trot View Post
              I do not think that your solicitor's has landlord/tenant law as one of his key specialities.

              DO NOT USE THE SECTION 21 ROUTE

              All the tenant has to do when he gets the paperwork is to dispute receipt of the s21 Notice, or details of the tenancy, and he will be awarded a hearing. If a hearing is awarded then the process will be no quicker, and in all probability slower, than the s8 route.

              Accelerated Possession is a misnomer - it is only quicker if uncontested and remains paper based.
              I had a professional tenant dispute a s21 on my first ever court case as a agent. I had proof of postage (although no proof of delivery) she was well known to the court she fought tooth and nail to dispute the case quoting human rights acts etc from her own law books. But it sailed throught in my favour.

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                #37
                Despite Esio Trot's doubts, I'd use both s.8 and s.21 to be on the safe side.
                If s.8 fails (eg discretionary grounds only), at least L will have the fallback s.21 protection.
                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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                  #38
                  Originally posted by johnboy View Post
                  I had a professional tenant dispute a s21 on my first ever court case as a agent. I had proof of postage (although no proof of delivery) she was well known to the court she fought tooth and nail to dispute the case quoting human rights acts etc from her own law books. But it sailed throught in my favour.
                  Congratulations !!

                  So you were an agent in the court room?

                  Were you representing the LL's interest or just a witness? Was the LL there as well? Did you have a solicitor?

                  Just interested..most agents would tell LLs to use a solicitor for proceedings.
                  All posts in good faith, but do not rely on them

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                    #39
                    I am agent and yes the L/L's were there as well (they didnt have to say anything).

                    No I didnt use a solicitor.

                    In hindsight it went very smoothly but boy was i sweating that day. (the first time in my life I had been to court)

                    I did loads of research before hand (a lot of it from this site)

                    Since then I've done a s8 grounds 8,11,12 and a s8 grounds 11,12 . All sailed thro except the last one but still got it (if tenant was there dont think it would have gone in our favour

                    I know what you are thinking but we didnt house any of these tenants to start with they all came with a buisness we brought.

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                      #40
                      Originally posted by johnboy View Post

                      I know what you are thinking but we didnt house any of these tenants to start with they all came with a buisness we brought.

                      ...no one can tell 100% what tenants are like

                      Its good things went well. Unless you have a special relationship with the LL, it might be risky to represent a LL in court unless you are very sure of yourself!
                      All posts in good faith, but do not rely on them

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                        #41
                        Originally posted by Bel View Post
                        Unless you have a special relationship with the LL, it might be risky to represent a LL in court unless you are very sure of yourself!
                        I have in the past regularly attend court with LL's (either as a McKenzie Friend, witness or both) and have never charged for my time. The last two landlords didn't re-instruct us on regaining possession, and I discovered through e-mail alerts that they went with competitors (I guess they took the view that the agent is always at fault if a tenancy goes bad).

                        The above confirmed to me that loyalty doesn't count for much nowadays, nor does going the extra mile. I now restrict my involvement to that of issuing s21's. Producing s8 notices has never been not part of our management agreement, yet in the past we have done these without much thought. In view of liability if an error is made, we now will not do these unless the landlord signs a liability waiver.
                        On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

                        Comment


                          #42
                          Originally posted by Esio Trot View Post
                          I have in the past regularly attend court with LL's (either as a McKenzie Friend, witness or both) and have never charged for my time. The last two landlords didn't re-instruct us on regaining possession, and I discovered through e-mail alerts that they went with competitors (I guess they took the view that the agent is always at fault if a tenancy goes bad).

                          The above confirmed to me that loyalty doesn't count for much nowadays, nor does going the extra mile. I now restrict my involvement to that of issuing s21's. Producing s8 notices has never been not part of our management agreement, yet in the past we have done these without much thought. In view of liability if an error is made, we now will not do these unless the landlord signs a liability waiver.
                          I hope they come back to you after they realise that all agents are not the same.
                          All posts in good faith, but do not rely on them

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