Gary Nock

Registered with
Sunday 9th June 2013

Latest Comments

Total Number of Property118 Comments: 879

Gary Nock

11:04 AM, 15th January 2019
About a month ago

Only £100 compensation offered by Redress scheme?

Ultimately the decision on the offering of tenancy is that of the landlord based on the recommendation of the agent. The agent is somewhat culpable in that they have relied upon the referencing agency without exercising due diligence and did not act quickly on the unpaid rent. As both a landlord and an agent we have systems in place that flag unpaid rent up and it is chased when one day late. Virtually all of our landlords have rent insurance guarantee ( some refuse it) and this ideally should have been offered to you prior to the tenancy commencing, although the agent is not legally obliged to. Morally I think they are. You are somewhat hamstrung now as the redress scheme has ruled that you are only entitled to £100 compensation. The way forward as Neil states is to pursue the tenant now both for eviction and for the unpaid rent. They have also obtained the tenancy fraudulently by providing false information to the referencing company who have failed in their due diligence to spot this. Our referencing agency check with the employers and previous landlords and would have picked up on the fraud. The referencing company must only have done a very basic reference rather than a comprehensive one. Unfortunately the referencing contract was with the agent and not you so no point going down that liability route. The fraudulent application would be good evidence to put in the County Court claim though. Don't even bother trying to report the fraud to the police as you will be told "It's a civil matter".... Read More

Gary Nock

16:44 PM, 10th January 2019
About a month ago

Terrible time with council tenant and shock at how law treats landlords

Ela being a landlord is not easy. Experience is a great teacher. You have learned that local authorities and some HB tenants are not to be trusted. If you have not already get some landlord training from the NLA or RLA. You can do the NLAs Foundation course online if needs be. I suspect you have been self managing the properties you have. In the early days not using an agent and taking out rent insurance guarantee is exposing you to risk. Get a good legal team behind you and let them deal with it. It will be frustrating but do not let this get to you. Once it's all over reflect on the experience and decide what rental market you want to be in, if you want HB tenants, if you wish to self manage, and if you have a policy of ALWAYS taking out rent insurance guarantee following thorough referencing of the tenant. In 17 years of being a landlord and an agent I have had two evictions over 50 properties and around 400 tenancies. And that was in my first 3 years of being a landlord. There have been none since 2005. And the ABC method of assume nothing, believe nobody, check everything works. I used it in a previous career. Property 118 is a fantastic forum for help and assistance. Mark Alexander and Neil Patterson have put together a tremendous resource. They actually supported and encouraged me in letting my own properties and then being an agent. The people on this site don't know all the answers but we collectively know the answers to most landlord problems. Good luck in dealing with these shysters of tenants. Regards Gary.... Read More

Gary Nock

8:36 AM, 3rd November 2018
About 3 months ago

Misrepresentation of property

There are more questions than answers to this Alina.
1. Did you actually sign a tenancy agreement and hand over a deposit that requires protection under deposit protection regulations? And if so was there an inventory?

2.Or did you just make an offer with the pre-conditions, sign the agents terms and conditions,turn up at the property, find your pre-conditions not met,and then did not sign the tenancy agreement?
If 1 then you are tied into the rental term and are liable for the rent for the duration of it. If the landlord has released you from the tenancy agreement then thats a bonus. If this was the case then your deposit will be protected and any deductions against it can be challenged.

If (2) then it all hinges on the terms of the contract you signed when you applied for the property. If it states that the holding deposit is refundable if through no fault of yours the tenancy failed to complete then arguably you may have a case if the cause of not commencing the tenancy was non-fulfilment of the pre-conditions. But these pre- conditions should be in writing,from you to the agent, and agreed ( in writing) by them.
If you haven't done this and have effectively "changed your mind"prior to signing the tenancy agreement, after passing referencing checks,and were offered the property then the agent is entitled to recover their reasonable costs.... Read More

Gary Nock

12:47 PM, 5th October 2018
About 4 months ago

Gary Nock

11:02 AM, 23rd September 2018
About 5 months ago

Evicting tenant with baby and wants to be evicted?

They shouldn't do this. But they do. They quote law and procedure in relation to landlords not carrying out their obligations but fail to carry out theirs as advised by the housing minister at the time. Read More