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Everything posted by Lizzy

  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.
  16. Hello, I hope someone can help. I have a house by a university I rent it to students. Last year a spanish mature student (37) took a room who was only at college. The house is for 5 people but I only had two in it that year. This year from 1st Sept it is fully booked. People have paid Septembers rent already. The spanish girl with her ocd behaviour and tantrums made the other girl leave as she was unbearable to live with. I had to let her out of her contract and lost rent because of this. I know the spanish girl is wierd and wondered if she would go or not at the end of the contract. She is supposed to be going to Manchester University. With this thought in mind I issued a notice of possession over two months ago which she refused to sign but said she was going. Tonight she text me to say she needs an extra two weeks and for the other person to wait until she leaves !!!!. This is not possible as they are moving in on Tuesday. Does anyone know what I can do to get rid of her as she has no excuses to stay on she knew she had to go. And of course what can my new tenant do ?? can he sue me or her and where is he to go. This is making me feel sick with just days to go until the 1st. Thanks for any advice.
  17. Done & Bump up. Shame about the false names, tis a serious matter folks !!!!!
  18. Hi all I need to register a N1 for a student tenant who has left without paying a large amount of rent. This has happened to me a few times recently and I have just about had enough ! I want to register it at my address (buy to let) and her address where she lives with her parents. I have rang my local court and they say it can only be one address. Which one shall I choose ?? which do you think will have the most impact. I do believe she is now at home with her parents. I know it is awful but she had lied to me and kept stringing me along and I gave her all the help and understanding I could. I know she has done it deliberatly by her actions.
  19. I have sent a letter to Barclay's I am waiting for their reply. Meanwhile I have had a copy of the application form from the broker. This is a lady I have done several application with in the past. Now reviewing the application form I can see clearly it states something like Have you ever been bankrupt which the answer is no. Then further down it says have you ever had judgements or debts in a company that you have owened more than 15%. The answer there is also no but should have been a yes for him. BUT I do not recall the question !!! I now believe that she has filled in and made up some of the application form herself !! for example she has put a date when my name was changed (by marriage) when I was too young to be married (she never asked me) also that we bought our house 2 years ago at a value she made up, we have had the house 16 years and never moved. I know when we bought it and how much we paid for it (she never asked me). She has put my husband was present when he wasn't. There are other things on there as well that are wrong because she never asked me. I took the form home for him to sign but he never checked the info because it was accepted straight away in her office over the internet. This woman who I trusted has done this. Does anyone know if we have any redress about this I can't believe it. ?? Of course the letter I sent to Barclay's does not mention this as I had no idea thats what had happened. I really was not qualified to answer the questions on my husbands behalf regarding his business anyway. I do not believe she has done this on purpose or anything she may have been trying to help. It was shortly after my mothers death when I went to make the application. Directly opposite her office was the funeral parlor where my mother had been 3/4 weeks earlier so my tummy was in knots and I could see it clearly from her window. She may have thought lets make this as quick as possible, I don't know. But really I cant have this on our file. Does she have herself covered by our signatures ? although my husband never got to review the application before it went off (not sure I did). I don't know where I/we stand in this. It was purly trust, if someone reads out 30 questions how was I supposed to know there were actually 50 (that is just an example). I can understand why Barclay's did it now so Im not expecting their letter to bring much joy. Anyone know what my next step should be ? I think the broker will fight this to the death, so I have not mentioned any of this to her as yet. The ideal situation would be that she write to Barclays to say she had made a mistake but I'm sure she won't. Any advice urgently needed. Many thanks Lizzy
  20. Hi all sorry if this is in the wrong place, feel free to move it. I have just been refused a loan application (egg) so knowing I/we had a good credit history I got a copy of my credit file. On it there is a CIFAS entry from Barclay's Woolwich about a home remortgage application we made. The story is we bank with Barclay's so tried them for a remortgage, a number of years ago my husbands limited companies went into liquidation owing Barclay's about 5k. Before and since this we have struggled but have bought buy to let properties with all the mortgages running though the Barclay's bank accounts (we have about 8 accounts with them). This application was refused (ok fair enough) we went on to get one straight away with the Abbey no problem. So my question; how does a failed limited company mean we are fraudulant ? do they have to prove anything to put a CIFAS mark on? Barclay's have recently opened a new account for us with cheque books cards etc. They have not closed any accounts or even started legal proceedings. We are just normal people with normal lives not living the high life on the Costa Del Sol or anything. We have a perfect credit file after years of hard work and the help of this site to which I will alway be grateful for. Does anyone have any idea of how I can get this removed. Thanks Lizzy
  21. Hi Fallen Angel If you would like an answer to your question it is best you start your own thread. More people will see it then. Read as much as you can in this section, the answer to your question is long and complicated. Lizzy
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