Farah Stehrenberger

Registered with Property118.com
Thursday 5th June 2014

Latest Comments

Total Number of Property118 Comments: 18

Farah Stehrenberger

22:23 PM, 6th September 2014, About 8 years ago

CAB giving tenant stupid advice?

Reply to the comment left by "Mark Alexander" at "03/09/2014 - 14:22":

Hi Ian

My opinion is based on the information provided in your article, if the deposit was protected properly and you complied with the requirements, your tenant would have hard time getting all the rent from you and if he smokes, hard time proving that his cough was caused by the state of the property.

I would include a clause about waiving all future claims against you in the surrender of tenancy agreement .... Read More

Farah Stehrenberger

12:16 PM, 5th September 2014, About 8 years ago

Letting Agents are they right or wrong?

Yes do ask them for invoice and evidence of where they have been spending the money.... Read More

Farah Stehrenberger

11:55 AM, 5th September 2014, About 8 years ago

Letting Agents are they right or wrong?

£280 is the court fee

It is good that you wrote them an e-mail about your concerns, would be used in evidence.

Rather than paying them £280 to start the process, I would ask them to transfer the right to you so that you can evict the tenants and recover the arrears. That way you can keep an eye on the court process to make sure everything is done properly.

Do you have a written agreement with the agent, does it say that you would pay any court fees on top of their management fee etc?... Read More

Farah Stehrenberger

11:18 AM, 5th September 2014, About 8 years ago

Landlords benevolence has backfired - please HELP!

Hi Mike
Just read these posts, I would not suggest to change the locks or moving in. Changing the locks without any notice would not stand in court and you cannot claim being a residential landlord after the event, the landlord or a family member has to be living at the property at the time of someone moving in.

License is arguable in your case because there was no intention of creating a tenancy and the tenants did not make any payment for months.

I personally would not get the local authority involved, they would try their best to keep the tenants in your property because they wouldn't want to re house them.

First I would give a notice/letter to leave by a certain date - building work needs to be done etc.., after the deadline has passed, get the builders to start the work and make an application to the court for an eviction order. The reason to apply for an eviction order would be to cover your back because if you changed the locks and did not get the eviction order, it is likely that the tenants would instruct a solicitor to claim damages for unlawful eviction, harassment, trespass to their goods and for making them homeless then you would have to defend yourself. I am currently defending a claim for a residence landlord for the same damages and more.

If you went to the court route, I doubt that this case would be decided without a hearing.

Another option is what Mark suggested earlier, after the notice, have the builders start the work, call the police to evict the tenants for trespassing. As there is no written tenancy, the notice was given, the police could be satisfied that the tenants are trespassing, after the tenants have left, you could change the locks, however, you could still have a claim against you for the above.

Or could take possession by terminating the license and re entry followed by a court order if necessary.

Please do not leave it too late, longer you leave, more difficult it would be to evict them.

If you would like to discuss in person, please feel free to contact me.... Read More

Farah Stehrenberger

10:22 AM, 5th September 2014, About 8 years ago

How long does it take for a tenant eviction?

I represent Landlords and letting agents in courts as well as doing all the paper work for eviction. My evictions take less than 5 months and for undefended accelerated possession its under 3 months if the notice was not served prior to contacting me.

You don't have to obtain the Judge's permission at the hearing in order to instruct High Court Sheriffs. I do ask the Judge though, sometimes I am successful and sometimes not. If I am unsuccessful, I make an application to the court to transfer the enforcement in the HC which does work.... Read More