Anthony Endsor

Registered with Property118.com
Wednesday 3rd July 2013


Latest Comments

Total Number of Property118 Comments: 161

Anthony Endsor

10:45 AM, 2nd July 2019
About 3 weeks ago

Evicting vulnerable tenant in hospital - Landlord Action response

Hi Joyce

I am very sorry to hear about this situation. It sounds as though your tenant has had a really hard time through no fault of her own, and now you're left with a rent arrears mess to clear through no fault of your own.
The first thing to remember as a landlord is your job is to house the tenant, meet your obligations to the house then ensure the rent is paid. Whatever happens with the hospital or the tenant's state of mind is out of your control so you shouldn't be dragged into that. Your letting agent would have realised this and he knows it's his job to ensure the rent is paid. In all situations there has to be a solution of some sort. If your tenant cannot afford to pay, the question has to be asked as to why, and who is then responsible. All the hospital could ever do would be to provide a report as to your tenant's health to the authorities solely for the purpose of assessing any claim for benefits.
I presume by all this you do not have Rent Guarantee Insurance if you're worried about the rent and court costs, as this would all be covered if you did.
Be it as it may, I would say no you are not being too harsh. You are owed a lot of money stretching back over a long period of time. It needs paying and it's your tenant's responsibility to ensure it is paid. I would say the fact she has got a number of friends in the Convent should mean someone is able to help.
Under NO circumstances does your tenant or anybody else have the right to block access for a Gas Safety Inspection. This is a legal requirement and you are putting yourself in danger of a huge fine by not doing this. It won't be your tenant who will get fined, it'll be you. Your letting agent should know that and is being very irresponsible in allowing this to continue. It is your tenant's friend who is being unreasonable in not allowing it, not you or the letting agent for asking, but it must get done. Your letting agent should have served a 24 hour notice for access which your tenant would be legally obliged to comply with. Failing this, you should be taking your tenant to court for breach of contract and failing to allow you to fulfill a legal obligation.
As for your tenant wanting to put things right, I would say it's too little too late.
Will the court automatically grant possession? I would say you need a good lawyer to help you as the simple answer is no. The courts are notorious for falling on the side of the vulnerable even if they are clearly in the wrong so you'll need to state a good case to get the property back.
If you get possession, it is the tenant's responsibility to clear the house of all furniture, so you shouldn't have to worry about that. If this fails to happen there are procedures you would then have to follow in terms of how long you would need to hold on to the furniture before you could dispose of it. You must make it clear to the tenant you intend to follow these.... Read More

Anthony Endsor

19:56 PM, 29th June 2019
About 3 weeks ago

The scrapping of Section 21: landlord responses

Reply to the comment left by Yvonne Francis at 29/06/2019 - 16:44
Yvonne, I am not quite sure how you can confuse section 21 with 3 year leases.
The 3 year leases you are talking about are where a landlord has to allow a tenant to sign up for a minimum of 3 years, meaning the tenant is safe in the house for those 3 years. After this the landlord could then issue a section 21 to give them notice if they so wished to do. A lot of landlords had a problem with this as there are a number of mortgage companies who will not allow fixed terms of more than 12 months.
However, moving on to the scrapping of section 21. It appears from your post that you don't seem to understand quite what an impact this will have on landlords and why it will. At present, if a tenant breeches any conditions of their agreement, a landlord is entitled to issue a section 8 in order to ask them to leave. The problem with this is, fault then has to be proven in court in order to gain possession. This can be difficult in a lot of cases, as tenants tend to be good at covering their tracks and it can be your word against theirs. Invariably the judge will rule in the tenant's favour. So section 21 is the only way a landlord can get rid of a rogue tenant.
Section 21 is a no fault notice which gives a tenant 2 months to leave a property without a reason being necessary. This can be used if a landlord merely wants to sell a property, or if there is any other reason a landlord requires possession of a property. It is the ONLY way a landlord has of gaining possession of their property. If Section 21 is scrapped, a landlord will then be left with no possibility of ever gaining a property back. They would not be able to evict a tenant for any reason, no matter how good or bad a tenant turned out to be. They would never be able to vacate a property to sell, or for any other personal circumstances they may find themselves in. So landlords would be forced into selling a property with the tenant still in the property, meaning they would have to accept a lower price, possibly going into negative equity and potential bankruptcy.
It would be a disaster for landlords with student properties for reasons already stated in this thread.
Fixed term tenancies would cease to exist. Any new tenancies would be the same as existing tenancies, for life. So if a rogue tenant moves in that's it. They're there for good. I hope having read this explanation, you can now see why landlords are not very happy at the prospect of section 21 being scrapped.... Read More

Anthony Endsor

15:49 PM, 28th June 2019
About 3 weeks ago

Can I refuse viewings or photographs being taken?

Hi Samantha
The truth of the matter is, you have the right to be as difficult as you like with your landlord. If you wish to refuse viewings, then that is your right. If the property doesn't let, then that's the landlord's problem I guess.
The only slight problem with this is when you come to look for another property. Will your new landlord want to reference you? Like hell they will! And who will they ask for a reference? Your previous landlord who you have put through absolute hell totally unnecessarily for months. So what do you do? You'll now have to find a new home with a landlord who isn't bothered about your past behaviour or who won't ask. Good luck with that as there are not too many of them left.
If you are so concerned about the old photos, why won't you let them be updated? Doesn't make sense.
If there was to be any advantage in you being difficult, i.e. you would be able to stay in the house longer, I could almost understand, but you are being obstructive for no reason. You've set a date to leave, so surely it isn't too much to ask for you to come to a reasonable arrangement with them landlord and agent? Then you wonder why rents are going up. It is because landlords are leaving the market as they are sick of dealing with tenants like you.... Read More

Anthony Endsor

15:15 PM, 28th June 2019
About 3 weeks ago

The scrapping of Section 21: landlord responses

I have 2 houses, both with excellent long standing tenants who would stay in the properties for many more years to come and never cause me any trouble, pay the rent on time, etc. Sadly though now, they are about to be made homeless thanks to the total stupidity of this government, aided by the so called 'charity' Shelter. I cannot risk the possibility of needing to sell in the future and having to accept a lower price as I cannot evict the tenants. I need to do this as soon as possible, though I have tried to hang on for a while since the legislation was announced, I don't think I can afford to leave it much longer.... Read More

Anthony Endsor

16:38 PM, 15th April 2019
About 3 months ago

Theresa May announces she will ban section 21

This is absolutely disgusting, and there are literally no winners here. And to think I voted Conservative for fear Labour might do this. Betrayed doesn't even begin to describe it. Any tenant who is smiling now needs to think on. All mine will be facing eviction in the next few weeks before this comes in. I can't take the risk of never getting my property back when I need to sell, so good as my tenants are, they'd better hope there are landlords out there who would be happy to take a risk of never getting their property back because of tenant's good behaviour.... Read More