She’s out – thank you readers for your support and advice

by Readers Question

10:15 AM, 19th July 2018
About 3 months ago

She’s out – thank you readers for your support and advice

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She’s out – thank you readers for your support and advice

She signed the Deed of Surrender at 8.30pm last night after demanding that I be there at 4pm yesterday having given me 4 days notice of vacating. Put out the flags.

Some of you may remember that my tenant owes £4k+ in arrears (housing benefit shortfall and a 6 month HB over-payment). She signed the checkout inventory but says its not all her responsibility. Thankfully all her furniture is out; rips and burns in carpets in every room; cracked double glazed window and handle broken off; felt pen drawings on walls and carpet and the filth!

And oh was she not happy that a CCJ judgment for £3,444 has been handed down. And she admitted to being a liar. Going traveling? No. Going to the USA to do a degree in mental health nursing? No. Putting her possessions into store? No. She’s somehow moved to another property in the area. Would love to know where to let the landlord know what she’s like.

I’ve also found her guarantor. The High Sheriffs Office were unable to trace him but Nationwide Tracing Services has.

Slight downer that I paid the S8 court fee day before she emailed me notice but a small thing.

Thank you all for your advice and support during this nightmare

Judith

Original Article:

Dilemma on arrears, eviction, and late deposit protection?

https://www.property118.com/dilemma-arrears-eviction-late-deposit-protection/

Having served s21 1(b) and 21 4(a) on 8th April with an expiry for the 17th June, after seeking advice in March, I’ve started to complete the court possession form. Had been advised at the time of service not to do the s8 at the same time as not 2 months in arrears.

The Letting Agent who I instructed to find a tenant; do the references; carry out the check-in and inventory and put the deposit on protection did not put the deposit on protection within the 30 days. Therefore I find that the s21’s may be invalid.

Actually not until I queried in November 2010 (having chased them for the inventory which I also found out was not carried out on the check-in day 17.6.2010) did I find this out having spoken to them in July chasing for all the paperwork and they’re being instructed to use their DPS scheme.
The deposit was eventually put on protection by them on 7.2.2011.

The tenant refused to sign any new tenancies after 16.6.2012 though did condescend to sign a 6 month AST on 17.6.2014. Again she refused to sign any further tenancies from 16.12.2014.

I re-gave the Prescribed Information on that date and also asked the Letting Agent whether I had to re-deposit the deposit in their DPS protection scheme. They said no as it was on deposit in their Custodial DPS scheme.

All other documents are bang up to date.

The tenant is now 3 months 17 days (will be 4 months 17 days on 17th June) in arrears so I can serve a s8? I may be able to get a friend to serve the s8 over the weekend as I cannot get to Croydon until 25th June.

Where do I stand re the deposit on protection? It has been on protection since 7.2.2011 so in a scheme since the last AST was signed.The Agent has confirmed it is still in their scheme but now trading under a new company name. DPS cert does not show any Agency name on the document.

I am seriously worried and somewhat scared. I do not have a big portfolio, just 3, which gave me enough income to support my daughter and myself after my divorce.

I have also put in a moneyclaim on-line for the rent owed up to 25th May which I can seek judgment on after the 17th.

Should I seek a judgment next week as have had no response (as yet) or will that effect the s8 notice.

Sorry this is a bit long winded but need advice from those that have been in this dire situation.

Many thanks

Judith



Comments

Laura Delow

14:04 PM, 19th July 2018
About 3 months ago

Congrats. The nightmare is over. You can now stop having those sleepless nights all this no doubt caused you. I hope the new landlord is reading this post and contacts you. Yet another reason for having a naughty tenant register as well as a naughty landlord one.

Rob Crawford

14:59 PM, 19th July 2018
About 3 months ago

Well done, please do list her on the Landlord Referencing database. https://www.landlordreferencing.co.uk/our-services/

Hamish McBloggs

11:23 AM, 20th July 2018
About 3 months ago

Reply to the comment left by Rob Crawford at 19/07/2018 - 14:59
Also been there, not nice. Succeeded eventually. Cost loads. Haven't seen a penny. Quite bitter and my years of drinking fine wines almost certainly shortened.

Just like any other human I have a that vindictive streak but like to think I temper and control it.

List a bad tenant - of course

I believe it has been demonstrated that reoffending rates drop if help is offered rather than the persecution we 'feel' should be meted out.

We all have a right to redeem ourselves and I can see that such listing could permanently blight chances despite true intentions. It does society no good at all if we do the equivalent of creating a debtors prison where if you can't pay to get out, you can't get out.

I can see that genuine people have rough patches.

I have also met people who (from my point of view) will never change.

We now have the 'right to be forgotten' too. No longer will that petty shoplifting charge, a packet of refreshers 50 years ago, prevent you from becoming the world class brain surgeon you have overflowing aptitude for.

How do you balance the listing with these considerations?

How is the listing reviewed?

Thanks

Hamish

Monty Bodkin

12:09 PM, 20th July 2018
About 3 months ago

Well done Judith.
"And oh was she not happy that a CCJ judgment for £3,444 has been handed down."
Check she is listed on the CCJ register. Many landlords wrongly assume all CCJ's are automatically registered;
https://www.trustonline.org.uk/search-others

Judith Wordsworth

12:50 PM, 21st July 2018
About 3 months ago

Reply to the comment left by Rob Crawford at 19/07/2018 - 14:59
Hi Rob
Have joined. Couldn't find were to notify her name so put it in Landlord Topic forum https://www.landlordreferencing.co.uk/our-services/

also let Trustonline know too


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