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About livvye

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  1. The solicitor says until they're two full months rent in arrears, I wouldn't be able to serve a section 8 notice so there's nothing I can do basically.
  2. I've booked an appointment with a solicitor to go see her this afternoon. I really think the hot water is an excuse to not pay the rent since she's planning to take on the other half of the rent when her salary clearly can't cover the full rent (estate agent confirmed that her references does not meet the criteria). I don't want to be stuck with this tenant for another 6 months where she'll find other things "broken/not working" in the flat to claim as an excuse to not to pay the full rent. I've already informed the tenants as well as the estate agent that I will not be agreeing to the "Vacating sharer" until the rent arrears are paid off. Thank you for all your help!
  3. Thank you again There isn't a break clause in the 1 year Fixed Term Tenancy Agreement and definitely no mention of a "vacating sharer". I agree, I don't think I appreciate my rights as the 'landlord'. When the estate agent says this is how it works (basically saying the first one has a right to leave the contract as long as the second one agrees to pay her share of the rent going forward), I'm not sure how I can object to that since I assume they're the experts in their field. But my problem is that the problem sharer wants to stay even though her own references do not meet the criteria and they're bringing a guarantor. On top of it, they're already in rental arrears claiming they didn't have hot water but I have a written letter from the plumber saying there was nothing wrong with the hot water.
  4. Thank you so much for your replies. Yes, I have text messages from the tenant acknowledging all the visits made by the professionals (handyman + double glazing maintenance person + 4 different plumbers) 4th plumber visited the property 4 different times and on three of those occasions found the boiler turned off. The tenant claimed she didn't know anything about it and said it must have been the other tenant who did that. I have an email from the plumber detailing each visit and he's happy to be contacted by the solicitors if need be. The tenant claims she didn't have hot water for 10 weeks but the plumber says the hot water was always working. His letter says, with the tank having a 210L water content, it was obvious that demand was greater than supply capacity. The plumber is convinced that there's never been anything wrong with the hot water. His opinion was further verified after his discussion with the tenant's grandfather (who was present during his last visit) and being informed that the tenant had showered at his property the night before (spent roughly 20 minutes in the shower). Just to be able to say we've done something, the plumber replaced the two working standard stats with high level stats to allow the tank to regenerate quicker. He says this is not ideal as the high level stats will cause the tank to scale at a much quicker rate and will ultimately cause the tank to fail and need replacing as the scale can not be removed. He's done this just so the water heats quicker even after 20 minute showers. (The tenant says this has solved the problem and that they have water left after they take a shower) Both tenants are named on the agreement. I'll ask the Estate agent about the signed documents from the original guarantors but I'm certain that we have them. Everything was done according to books. There's literally no mention of a Vacating Sharer in the agreement. It's a 12 month fixed term contract with both names on it. We're on month 6 now. I really don't want to keep this tenant for another 6 months but the estate agent is saying that we have no choice but to accept the "vacating sharer" agreement even though "she will have a guarantor as her references do not meet criteria" Do I have a right to object or is the estate agent telling the truth? Thanks again!
  5. I wonder if you could help me with a problem we're having with our tenants. There were originally two friends sharing the contract (1 year fixed term). A month after they moved in one of them asked to break the contract (they're two young girls in their twenties, and they didn't get along). The subject didn't come up again for a few months but apparently the one who wanted to leave started spending more and more time at her parents; house rather than at the flat. In the meantime, we've had countless problems with the remaining tenant, claiming the windows were stuck (sent a handyman twice - he had to take a photo of the window fully open to prove that there was nothing wrong), electric heater didn't work (the plumber claimed it worked), bathroom fan didn't work (again, plumber went and claims it's working perfectly, washing machine door didn't open (the plumber went and confirmed the handle was broken due to force and we had to buy a new machine), hot water didn't work (sent 4 different plumbers on 7 different occasions who never could confirm that there was anything wrong with the boiler). The remaining tenant didn't pay her full rent for the past two months claiming there's no hot water but the plumber says there was nothing wrong with it. The second tenant is now saying she wants to move at the end of the month and the estate agent (who were the ones set the contract up and everything was done according to book) says there doesn't need to be a new contrast as such and that it's called a "vacating sharer". The second problem is that the agent says the the tenant will have a guarantor as her references do not meet criteria. My question is "what are our legal rights here?" Seeing that this tenant has been nothing but trouble, do I have to accept the vacating sharer agreement and get stuck with her for another 6 months even though she doesn't meet the criteria on her own and need a guarantor? Thank you for your help!
  6. Thank you for your help! We have a money judgment in our favour of £6,125 and the furniture in the flat will nowhere near cover that amount. I've already taken photos of the stuff that he's left. I put a notice through his door back in December and it was still there when we went in the flat with the bailiffs. So I don't think he's been to the flat since December. The only address that we had was the flat which is where all the notices and court order were sent to. He never showed up to court so I have a feeling he's no longer in the country. Thank you again.
  7. I hope you can help me with this issue. We were most unlucky with our first ever tenant. He was reference checked by the estate agent. He was a non-UK citizen but was working and living in the UK at the time. We weren't his first landlords and the estate agent went us the go ahead so we let him the flat. He only paid 3 months rent and disappeared. My first communication was a call but I didn't leave a message when he didn't pick up. He texted my a few minutes later asking me who I was. When I replied that I was his landlady, he never replied and never picked up my phone after that. This was in December. We took him to court since he never responded to the notices that our solicitors have served him. We've finally got the possession warrant and were able to get into the flat with the bailiffs last week. He left all his furniture in the flat. I sent him a text message notifying that I would throw away his furniture if he didn't contact me by the end of the week and he didn't. My question is, is there any reason I have to hold on to his furniture or can I finally get rid of everything and put the flat back on the market? Many thanks in advance for all your help.
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