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Lizzy

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About Lizzy

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  1. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  3. Hi guys, one of my ex student tenants left with four months to go with rent and council tax arrears. I have gone after both tenant and guarantor. The defendants admit to the contract and leaving before the end of the term without any notification. When the guarantor recieved our letter the family came to the house and tampered with it, to the extent of setting the furniture on fire to discredit us. They then sent us the tampered photographs and said they would produce these in court and they say they have more that they will only produce to the court. This is to make us back off really (blackm
  4. In my free half hour with our solicitor. He wrote me a letter to send to the father which I was to copy out. Part of it say's I have now taken legal advice on whether I can re-let the room formerly occupied by your son. We are committed to a new tenancy of the whole house in September and I am therefore advised that I am not at liberty to re-let the room because of our inability to praise the new occupant with an Assured Shorthold Tenancy. Not good then ? Actually it was my mistake there were 4 months left. If I could not have issued a section 21 and they outstayed their welco
  5. Thanks. As I have now only been dealing with the father I think I will need to issue the son a LBA to warn him that a summons is on its way ? The room could not be re let because it only had 5 months to go and a new tenant agreement is for a minimum of 6 months, also as it is for students there would not be any to take it as they are all signed to their own contracts. At least having both names on the summons gives a better chance and can't be thrown out of court regards the son. Is the damage you refer to the setting the sofa on fire to try to get their evidence, or general damag
  6. Thank you the fog is clearing a little. So as you say I can issue a summons against both parties, if it comes to court the guarantor can say I am NOT liable and his part is over. The debt/contractual agreement falls to the tenant (son) if he fails then he is liable and will receive the CCJ if no agreement is made between us ? this is important as I don't want to have to go to court twice. I am hoping that daddy will not want his son to have a CCJ and will pay anyway. Your comments about future agreements is sound but impossible for me to adhear to because I have 21 students each year
  7. So you are saying even if the guarantor does not mention the signature not being witnessed the judge will ? and although the guarantor has said he is the guarantor it wont matter ? What do you mean by I would also state that the term within that agreement is far too ambiguous and is not specific enough. In this case it is even more apparent that it is necessary to issue both with proceedings, why can't this be ? Thanks for you help by the way.
  8. During the fixed term the rent arrears started, Feb & March he left during April. The contract does not end until 31st Aug so I will issue proceedings during Aug as his payment for Aug becomes due on the 1st Aug 2011. The signature was not witnessed but he is not denying it and I feel all the letters and trying to pay me off confirms it. My solicitor has actually looked at the agreement and never said anything about the signature not being witnessed. I guess because by doing what he has done to get out of paying he wouldn't have done it and just said it's not me. The agreement is from
  9. Why would a tenancy agreement be flawed in this way ? It is a legal contract and should not be on there if it is not able to be of any use in making a claim, it is not one that I have made up myself. I have had previous advice and been told that I can't ask the others to pay as they EACH have their own agreement and they have nothing to do with each other as they are NOT on the same contract. Advice is conflicting here.
  10. Yes it is part of the agreement. It is on the front page under the name of the tenant and it is on the back page for the signatures and it is mentioned in section 3 of the agreement. Of course that part does not have to be filled in if there is not a guarantor. Is this good or bad ?
  11. Guarantor section 3. If there is a guarantor, he guarantees that the tenant will keep to his obligations in this agreement. The guarantor agrees to pay on demand to the landlord any money lawfully due to the landlord by the tenant.
  12. The guarantor signed the form but not while I was there. In his rant on the phone he agreed he was the gurantor and has sent cheques in his name (I have photo copies). Surly he would have said this earlier and not offered to pay anything. The gurantor form is on the agreement, his name is on the front and the back and is signed as a deed. Each tenant has their own agreement even though they are or were friends. So only issue against the gurantor ?
  13. The cheques were in full and final settlement so have been returned. The issues with the house had been mostly sorted out and were being worked on when he ran away (the other tenants are fine). The house had been renovated actually with new kitchen, bathroom and central heating they pushed and pushed to move in before the snagging could be done. Our fault for allowing it I guess but he was very happy there until he couldn't pay. It is a long and complicated story after that with the guarantor behaving very badly and calling at the house to set the sofa on fire to prove a non existant point bec
  14. Hi all My tenant an ex student (one of 5) lost his job, spent his HB and ran home to mummy and daddy. Daddy is the guarantor. Nither of them will pay up, the guarantor said his son had issues with the house althouth they have sent 3 meager cheques to pay me off. It is no where near enough, I am confident that they are just trying it on. What I need to know is can I go after the guarantor (father) and the son (tenant) as they both live at the same address now. Or do I have to put just the guarantor on it as I am sure the son (tenant) does not have any money. I would like it against both as
  15. Thank you all for your replys. I have read the shelter website and it says that the council will only prosocute the landlord in exetreme circumstances eg if they have misbehaved several times. I have been registered with the council now for about 9 years with no problems from me. She can apply for her losses. Which I don't think there will be. Her stuff will be safe. As it stands I would have to pay for a room for the boy anyway. The benefits for changing the locks are that the boy would get his room at no extra cost to me and he would be happy. I am just thinking aloud at the moment,
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