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senequier

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  1. hi stu007 3 - I will contact agents to ask if they gave the terms of the deposit scheme to the tenants - even the solicitor said it went against the grain bu to be completely certain of obtaining possession it would be the best course of action. 4 - I was asked for £355 by the agents in september 2020 to be forwarded to their solicitor for the original S21 but have not been asked for any more, despite a new S21 going in. It is correct they were served the original S21 in June 2020 but because of covid restrictions and court difficulties, the case was not scheduled to come up until 23 June 2021,and we discontinued on 26 June 2021. The new S21 was issued on 23 August 2021 with a NTQ for 30 December. I don't know why the tenant keeps saying they cannot find anything - this has been said all along - despite 17months to do so. Re NTQ - notice was by form of S21 no fault eviction as we wish to sell the property. Tenants are up to date with rent but I suspect only because his father is the guarantor. Managing agents have recently been in to the property (august 2021) to carry out full inspection, and reported it was in good order - there are no outstanding issues requiring attention. Gas safety check has only recently been carried out as tenants refused entry 2 or 3 times, saying they were isolating (a well-worn excuse with them to refuse access),and as well as the Gas Safety Cert, tenants were also given copy of Assured Shorthold Tenancy Agreement ,How to Rent guide, Energy Performance cert and Domestic Electrical Installation cert - all this in august 2021 prior to new S21 being issued. We have not signed anything with the agents' solicitor re their costs! Finally, nothing is easy is it?! Your hard work on this is really appreciated - we inherited the property and have let it to these same tenants for around 7 years (found by existing managing agents),but now wish to sell - had no idea it would be such a struggle.
  2. Hi stu007 - can now come back to you on the points you raise - 1 - correct,managing agents' solicitor negotiating to reduce the costs. 2 - we have a breakdown of their costs which were very well dealt with by 'our' solicitor,who believes a court would reduce their £5600 by at least a third - hence our final offer of £3750. 3 - the deposit return was a bit of a weird one - originally the tenants had use of a lock-up garage 50yds from the property; we told them if they wanted to renew the tenancy after the initial 12 months that the garage would not be included as we wanted it for our own junk.The solicitor said where a property is changed or not substantially the same as the original,then the deposit needs to be returned to the tenant and re-secured upon the grant of the next tenancy. He agreed with us that the removal of the garage was hardly substantial but to be completely certain of obtaining possession he felt it better that we return the deposit,which,via the DPS,we did. 4 - we now have a copy of the agreement with the agents and under 'disputes' it says ''any unresolved dispute between the client and agent arising in respect of the management of a property will be referred at the instigation of either or both parties to the Ombudsman for arbitration after our internal complaints procedure has been exhausted''. Finally,the agent has today spoken to the tenants who say they have been unable to find any suitable accommodation elsewhere;they were originally served notice to quit in June 2020 and we think they think this is a reasonable reason to be able to stay on in the property. Agent says their budget and the type of property they require do not go hand in hand;at present the rent they pay is probably £300 a month below the going rate. Way back,we said they could stay if they paid the market rent - their reply to the agent was that we would not ever be getting a penny more than the old rent. More than grateful for the time you are giving me on this,do appreciate it.
  3. Apologies stu007 - a 'minor hospital procedure' got in the way yesterday but we took your advice first thing and asked managing agent for a copy of the agreement - the girl dealing with this was in meetings all day yesterday (the standard response from this agency when you want something done immediately) but we have been promised a copy today - should we get it,I can then come back to you in full,I hope.
  4. Hi 45002 - thanks for reply - are you looking at this from landlord or tenant point of view - I did not make it clear that I am the landlord,if that makes any difference?
  5. Hi Stu007 - and many thanks for such a thorough reply. Yes,my wife and I are the landlords,and the managing agents were acting on our behalf - the solicitor they work with discovered there was no evidence tenants had received the How to Rent booklet (they had given it to tenants but did not have a signed receipt for this) and advised us to withdraw and start again,which we have done. Tenants solicitors then claimed £5600,which has come down to £5000 after we offered £3000 - we have made a final offer of £3750 and if this is not acceptable,we will go for court assessment (this was solicitor's suggestion as he reckons their costs are greatly exaggerated). No LBA as of yet therefore. Regrettably,we cannot find any agreement with the managing agents but we believe everything has now been properly served as the solicitor himself wanted to handle the new S21 in its entirety. On the solicitor's advice (he works closely with the agents,he is not our own solicitor) we returned the deposit to the tenants which now of course leaves us in a vulnerable position. According to letterhead,the agents belong to the Property Redress Scheme,Land and New Homes Network,CMP certified and UKALA - Very much appreciate your help with this.
  6. Wonder if anyone can advise - a managing agent served a notice to quit on tenants but did not have proof the How to Rent booklet was ever served - the first application to court therefore had to be withdrawn - this has now resulted in tenants' lawyer asking for some £6000 costs. I am thinking I should be able to claim this back from managing agent but would like to know where I stand legally. Any help most appreciated.
  7. I know now I was had - but if you are sticking with your SB comment despite what Andyorch is saying,that would at least be some good news. But thanx for comments
  8. Thnx Andyorch and dx - it may be splitting hairs, but I paid Highbridge to take the debt off my hands, I didn't say and you can do whatever you like - you two are not in agreement over this, but I appreciate that's how it goes sometimes (or often) - help appreciated, as ever.
  9. A letter a week ago asking me to contact them to arrange a repayment plan - but if the Highbridge payments were made without my knowledge or authority, you are saying that could not affect the statute barred situation - obvs, I need to know 100% before I send some letter to that effect - but thnx for responses
  10. Yep,agreement looked ok - but would that affect the statute barred situation?
  11. Thnx for reply dx and apologies for ingrained secret squirrel behaviour - Digging thru old paperwork, I see I paid £2840 to Highbridge Investments in October 2012 to take a Halifax credit card debt of £15k off my hands for ever and a day. From Oct 2012 to March 2015, Highbridge dealt with Halifax, but at end 2014 and beginning 2015, paid 3x £1 payments to Halifax, then stopped. In March 2015, Highbridge wrote saying they were ceasing trading and handing back the account to me. Not having any huge disagreements with Halifax, I was surprised when they sold the debt to Cabot in July 2016 - I had paid nothing to them in the meantime. Cabot and I have been exchanging letters ever since, but I have not paid anything to them either. At some point, they wrote to me saying they were considering court action, but then wrote again the very next day saying they were not considering court action at this time 'due to my personal circumstances'. If you need any more detail, pls let me know, otherwise I would be more than grateful for how you see this saga.
  12. In 2012, I paid a company to, supposedly, take a debt off my hands completely (forget about the legalities of that for now). Shortly before going into liquidation in 2015, this company sent a couple of £1 payments to the original creditor (with whom they had been dealing for some 3 years) without my knowledge or authority -not that I would have expected them to inform me as they 'owned' the debt - but had they not done so, the debt would now be statute barred. I need to know where I now stand - if my debt is not statute barred because of these payments, what would be stopping any old debt collector/purchaser simply sending off a few quid to OC to re-set the 6 year timetable? Any help greatly appreciated.
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