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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 (blackmail). So this can of course not be tolerated by us. They then put in writing to us about setting the furniture on fire because they said there was'nt a tag on the sofa (there was but they have taken it off). They said we had no certificates, gas, electric etc so sent them the last five years worth, the house even underwent a HHSR check during the tenants stay and they only recommended fire doors, bearing in mind the house is accredited and still had 2 years left to run at the time the tenant signed up. The letters and defence are full of lies, contradictions and rantings. My problem with this is how can they admit to the contract, leaving before the end and setting the furniture on fire all on their defence form and still continue with it ?? we have both filed our Allocation Questionaire. It has been transfered to the defendants court (miles away) but we will attend. We do not have a date yet. In our questionaire we have requested the missing photographs and any notification from the tenant that he was not happy with the house (no notification exists). What happens if the defendants do what they say and only produce these photographs at the court ? we are certain they will be tampered photos and so there will not be much that can be said and will need an adjournment but the distance for us to re attend is too far. Can we ask for them not to be considered (not to get us out of anything, but a serious waste of everbodys time). Or if they arrive in our bundle on the last day and we have sent ours off can you add to your bundle at a later date ? We are hoping that the defence will be thrown out at this allocation stage as they have admited to everything but still defending (because they only set the furnitue on fire a little bit !!!!!) It has been about 3 weeks now since the AQ went in so thought we would have heard something by now. Thanks
  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 welcome I would have been up the creek without a paddle. Although I only rent to students re the Council Tax and what happened here, the boy loses his job and goes on Housing Benefit which is against the rules of my mortgage to have anyone on HB. Perhaps if he had found someone to take on his remaining months I couldn't have argued with that, not sure re section 21.
  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 damage that tenants can do ? with this in mind I guess the son is liable dispite who does the damage because he is responsible for who he allows in the house, he at court could say "my dad or mum did it" but if the deed is void he (son) is responsible ? Thanks
  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. In your opinion is my contract sound as long as the guarantor is witnessed by a 3rd party and is signed as a deed as stated on the contract ? Section 1 of the contract states the tenants obligations 1. To pay the rent at the times and in the manner aforesaid. 1.1 To pay all charges in respect of any electric, gas, water, telephonic and televisual services used at or supplied to the property and Council Tax or any similar property tax that might be charged in additition to or replacement of it during the term. This may make the vague area of section 3 (Guarantor section) clearer ? Sorry I'm a pest
  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 LawPack, Residential Letting for England and Wales. The question I asked here about wether or not I can issue a ccj against both of them I never thought to ask him as it was about June I saw him.
  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 because he couldn't find anything else when he got there. It goes on and on...... I would normally bite the bullet and take the loss but after years of renting to students I have never come across such dispicable behaviour. The father is going to produce the old photographs at court even though the work was done when his son left and he got there. Blackmail is pushing me just that bit too far Like you say I should not vent on the particulars of the claim. Do you suggest something like the tenant did not fulfil his contractual obligations with abandonment of the property and leave it at that ?
  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 the son caused all the trouble. Can the form say To Mr Joe Bloggs (guarantor) Mr Fred Bloggs (tenant) Or should I keep it to the only one is likely to pay ? Thanks for any advice
  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, toying. Dammed if I do dammed if I don't.
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