HB Welcome

Registered with Property118.com
Thursday 11th July 2013


Latest Comments

Total Number of Property118 Comments: 17

HB Welcome

15:45 PM, 14th July 2013, About 8 years ago

Readers account of an ongoing eviction by their agents

Jiten,

Random points;

1. Are you getting the housing benefit paid direct? If not, why not?

2. Without seeing your policy, it would seem you have legal protection to recover rent. That is different (and cheaper) than policies that pay you the rent. If this is not the policy you wanted, then you bear some responsibility for not checking (sorry). It's better than nothing (maybe).

3. If your guarantor agreement is watertight and they have the assets, then go for them with a money claim. Now.

4. If you are using section 21 to evict, the court will not decide about the arrears payable either by the tenant or the guarantor. It is irrelevant to a section 21 claim.

5. If you are evicting under section 21, then start a seperate money claim. If the tenant claims no income and paying only a fiver a week, get her in court to disclose all her assets. In particular the savings account left by her late husband.

6. Enforce the judgements. Look at all methods of enforcement. If you don't enforce it the chances are it won't go on the CCJ register and she will do this to someone else. You stand a better chance of getting paid as it will severely affect her credit rating for 6 years. Particularly if 'unsatisfied'.

7. Investigate your rent guarante policy thoroughly. Hopefully it should pay for a solicitor to advise and pursue the above. It should pay the court and enforcement fees. Do not be fobbed off with "in our view it is uneconomical to pursue" -although there might be a clause letting them do that.
If you do get fobbed off (and I don't think you will, as your insurance company is reputable), let us know, it may stop others getting stitched up.

8. Your letting agents seem to be out of their depth.

Regards, HB Welcome... Read More

HB Welcome

22:22 PM, 13th July 2013, About 8 years ago

Who is responsible for council tax when a property is abandoned?

@Ray,

Apologies, I'm not trying to start an argument,!

I (wrongly) thought my reply was clear.

This key phrase is used over and over again at tribunal:

"There is no definition of “sole or main residence” in statute law. “Owner” is either the person holding a material interest who is the freeholder
or a person holding a leasehold interest for the premises granted for a term of six months or more."

I thought that answered your question.

It is not (neccessarily) my viewpoint but it has been stated repeatedly by tribunals.

Please don't take my word for it.
-Especially don't take the Councils word for it!

Read the link from my earlier post and make your own decision. They are the finest written words on the subject.

Re your specific questions;

"Can you please confirm if you have you actually argued one of these cases with the council"

Yes

"or taken such a case to Tribunal."

No

- Councils always give up before it gets that far (if you have a case).

"If so, what arguments did you use?"

It wasn't the argument above but it was very similar, -but in my own words.

Nowadays, in all dealings with the council, I shamelessly plagiarise the exact same words used by the tribunal.

But as I've said, please don't believe me, read the transcripts and make your own mind up.

"convincing the council to continue treating the missing tenant as responsible is not easy."

Very true.

But please remember, ultimately, you are not trying to convince the Council.... Read More

HB Welcome

11:45 AM, 13th July 2013, About 8 years ago

Issuing a Section 21 on the start of a tenancy - Readers Question

Paul,

I've been serving precautionary section 21's (on a case by case basis) and evicting tenants through the courts long before your well documented disasterous mistakes gave you some very harsh lessons.

I'm partially in agreement with you about precautionary section 21's but I take offence to you slagging off experienced landlords who's successful business methods differ from yours and that you can't understand.

I'll let you have the last word on this if you do me a favour and stop SHOUTING in every post you make, you're making everyone deaf.

Regards, HB Welcome... Read More

HB Welcome

9:23 AM, 13th July 2013, About 8 years ago

Issuing a Section 21 on the start of a tenancy - Readers Question

@Paul Barret,

Quote from Mark Alexander 09/07/2013 at 11:26

"....not that I’ve ever issued a lot of s21′s, why would I ever want to evict a good tenant? (rhetorical question)"

Naive idiot? Ignoramus?

Or an extremely experienced respected landlord who can't be bothered arguing the toss with someone who still doesn't know his a–e from his elbow? (another rhetorical question)... Read More

HB Welcome

8:53 AM, 13th July 2013, About 8 years ago

Unfair Section 21 Notice - Tenants Cry for HELP!

"A S21 CANNOT be used against you UNTIL the deposit is returned to you"

....or with such deductions as are agreed between the landlord and tenant, or
(b)an application to a county court has been made under section 214(1) and has been determined by the court, withdrawn or settled by agreement between the parties.... Read More