Kate Mellor

Registered with Property118.com
Friday 27th November 2015

Location
Manchester

Trading Status
Partnership

Insures properties through a broker recommended by Property118
No


Latest Comments

Total Number of Property118 Comments: 242

Kate Mellor

2 days ago
What costs for damage and repairs can I claim?

Hi Munro, Unfortunately there can be no claim against your tenant for rent lost due to the agent agreeing to end the tenancy early. The agent is YOU as far as contracting between yourself and the tenant is concerned. Any claim you may have for lost rent is with the agent for failing in their duty to look after your interests.

The fact that your agent has refunded the tenant find fee to your tenant and not to you (unless they consider their 2 month rent refund made to you covers this fee), implies that they expect your tenant will have to pay this amount to you as agreed, as it clearly has been charged to you and not the tenant, so what possible grounds could they have for refunding this figure to the tenant?

Make sure that whatever you claim for on your ADR claim is something you are confident will be agreed as if they disagree it they will not consider other items owed and will find for the tenant. From what you’ve said in your other post regarding the finders fee, it may be best to claim this as I believe you already have in the ADR. You have it as a stipulation in your tenancy agreement and you have the tenants agreement in writing to cover the amount. So there should in theory be no arguments about it. You will need to submit EVERY POSSIBLE PIECE OF EVIDENCE up front in your ADR process though as if it isn’t submitted it can’t be taken into consideration and your tenant will likely furnish the emails saying that PB have already refunded this charge to you. So you will probably be well advised to preempt this and disclose your dispute with PB over their handling of the early release of your tenant and show that you lost 2.5 months rent and that their refund to you was for 2 months worth of lost rent; that they have already refunded the amount of the tenant finder fee to your tenant to reimburse her for having to repay it to you for their bungling and therefore it is clear that as you’ve been charged for the fee you should have it refunded as agreed. Otherwise the tenant will be unreasonably enriched for no inconvenience to herself. She’s been released early from her tenancy agreement and you have been left out of pocket by PBs failure to follow your instructions both in rent which PB have made a refund of to you and by the fees which the tenant has agreed in writing to cover and she has had refunded to her by the agent for their poor performance, which they’ve admitted. It needs to be presented in the right light as up to now PB have painted you in a very poor light to the tenant and it would not do to have this angle appear to be correct to the ADR process.... Read More

Kate Mellor

4 days ago
What costs for damage and repairs can I claim?

How infuriating! Forget this guy he’s wasting your money. The only part you will need a solicitor for is to actually appear in court on your behalf in the event that the court decides a hearing is necessary which they will only do if you don’t provide enough evidence and the guarantor makes a counterclaim or lodges a defence to your claim.

I’d advise not to overclaim. Use the ADR guidance about claiming proportions of replacement value relative to the items age & lifespan etc. Document how you’ve arrived at your figures. Give every piece of evidence that could possibly be required to prove your case and hope you get a judgement in your favour without having to appear. If a hearing is scheduled you will either need to appear yourself or have a solicitor representing you. A litigation friend can attend WITH you, but if they aren’t a solicitor you have to be there in person.

You probably don’t need a solicitor to send a letter before action do you? You’ve carried out plenty of pre-action protocol by way of emails, letters and quotes. If necessary you could write it yourself. Your solicitor seems to think you’re throwing good money after bad by pursuing this, but if the guarantor is gainfully employed and you have an ironclad guarantor agreement then this shouldn’t be the case. You may find that once the court papers drop on his mat he pays up as he won’t want a CCJ, but equally he may well decide to counterclaim for disrepair or harassment or some other imaginary thing.... Read More

Kate Mellor

A week ago
Tenant keeps changing mind and date for ending tenancy?

I would ask your agent to contact the tenant and explain that the longer it takes her to return the keys the more rent debt is wracking up. Explain that she should simply return the keys to the agents OR put the keys through the door of the property with a note saying she’s permanently left the property and you will accept that as the end of her tenancy and stop debts growing larger. Give a date when you will be returning to the property for an inspection and that you will expect to see the keys and note there by that date (say one week). Many people who owe money can’t face their creditors and avoid dealing with the issue, so giving them a way out can be more likely to get a response.

If this works - great! If not, don’t waste any more time, apply immediately for your warrant for possession. Yes it will cost around £355, but I’m sure the months without rent have cost you far more than this already.

Do you have a current address for this tenant? Is she working? If so, if you receive a judgement against her you would be best to apply for an attachment to earnings rather than sending in bailiffs because let’s face it she probably has nothing of value to repossess!... Read More

Kate Mellor

A week ago
Joint tenancy but no lead tenant with TDS?

No deductions can be made from your deposit without your agreement, so you do have a little power there to disrupt this process. In your place I would object to the suggested deductions. Your agent will then be informed and you will all be asked to come to an agreement between yourselves and the agent to resubmit the claim. If you carry on disagreeing you can force it to go to arbitration. In the arbitration process the agent must provide proof that the property was left unclean, that any damage claim is fair and wasn't pre-existing. That the correct amount was reclaimed with reference to the age and life-span of the item. ie an agent cannot reclaim the full cost of replacing a carpet. You have a reciept for a professional clean. That should stand you in good stead. Arbitrators do have a tendency to come down on the side of the tenant, so if you believe the deductions are excessive or unreasonable you’ve got nothing to lose.

You could ask your ex-friend to confirm in writing to the TDS/arbitrator that you paid the full amount of the deposit and all remaining deposit should be returned to you, or for her to simply supply your bank details for the refund of “her portion”. You never know your luck and it can’t hurt to ask. If she’s already cost you her unpaid rent she may agree if you ask in a non-confrontational way. Failing that you could provide evidence via bank statements and emails that the deposit came from you and was not contributed to equally. Hopefully you have your early emails to the agent regarding this issue. This may be unsuccessful, but if it works it beats having to go to court to try and get it back.

If you do decide to go to court you will need some sort of proof that your flat mate is responsible for the debt though and that she owed you half the deposit money. Does your ex-flat-mate have a stable job? If so you can apply for an attatchment to earnings once you've successfully been granted a judgement for the debt. This can be far more likely to succeed than getting bailiffs in.... Read More

Kate Mellor

2 weeks ago
Evicting wife of tenant not on the agreement

The Husband signed the tenancy agreement & moved into the property in March 2009, tenancy was renewed Jan 2015 & notice to quit expired 20 March 2018. The wife was never in sole occupation until the last few weeks.
Also just to clarify, a license is not a tenancy and isn’t an estate in land, it doesn’t give you any rights whatsoever. You effectively have the same rights as a guest.
I can recommend a really excellent resource book which covers all the legal aspects of tenancy to anyone who’s interested. It’s call ‘A Practical Approach to Landlord and Tenant’, Eighth Edition, by Simon Garner & Alexandra Frith. Published by Oxford. Make sure it’s the most recent edition (8th) which covers all the Deregulation Act changes.... Read More