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spitfire1

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  1. is there a form or CPR that deals with this? 6 months- a nightmare, believe me
  2. I m not sure if anyone on this forum can answer this, but here goes, can only ask and see Went to court to evict my tenant on S8 Process, no defence was filed prior to the hearing, but defendant turned up on the day with a solicitor in tow, they asked the judge for more time to prepare a defence and counterclaim (disrepairs) judge allowed 21 days and an N24 order stating that the defendant should file a defence and if so advised a counterclaim by 4pm on Tuesday 4th December, came home today and found a defence from the tenants solicitors today (signed 5th December) Where do I stand on this?, are there any rules stating that a defence must be filed in accordance with judges directions?, or will this be allowed? any advice welcome Thanks edit nope don't worry- I forgot the golden rule Rule 1 One law for landlords and another for tenants
  3. Just to make it clear, my tenant has a 12 month AST, started in May 2007 i've served a S21 notice and S8 notice, S8 issued on Grounds 8,10,11 &12. So are you saying the S21 notice I issued is null and void?
  4. True, but with over 7 months left of the AST to run, thats about another 6k on top of the 2.5k already owed. So no-i'll take my chances with S8 and hope there is some justice in the world, although I have my doubts, it just seems to me that the law is stacked in favour of the workshy scroungers.
  5. I appreciate your reply, but i'm baffled as to why you think S8 is bad tactics?, presumably you would allow a tenant to live rent free?. There are no disrepairs issues, yes repairs have arisen, but I've always dealt with them. My tenant has never actually stated why they aren't paying their rent, no I have got a very cunning tenant indeed !, screaming negligant landlord, call in EHealth, go to the doctors claiming stress. I've got all the certificates, repairs are done promptly and any delays are generally caused by denying me access to fix them. Sorry but i'm nobodys mug- just finding it hard to deal with the legal aspects- would love to buy the book by Patricia Pearl but quite frankly i'm skint and living on credit, while my tenant is quids in laughing their head off at my expense.
  6. No offence taken I've complied with every observation made by a EH (pending loft inds this week), i've got more certificates and invoices for this property than my own home, boiler and gas installation breakdown service- you name it- the property has it. Ok- so its down to the library I go this week, hearing in a few weeks, always found CAB to be a complete waste of time !!! usually run by people who know as much as I do- very little, never been helped once by them- now given up on them.
  7. A list of minor things, i.e. electrics, a new door lock, replace a bit of window frame and loft insulation, well I wasn't going to do the loft insulation, but have decided that for less than £100 I may aswell do it- no issues remaining. Also, having read the HHSR guidance infor, the items listed are standard stuff, add a manipulative and persuasive tenant and you have a Env Health officer under pressure, lets take this thread for example, the power of having Env Health involved suggests that there are severe repair/living conditions at the property !- perception ! perfect fodder for sympathy at a court or the local housing offcer !- i've got a very clever tenant Just need to put together all the paper work to file my case and quite frankly i'm out of my deprth and doomed to failure against a tenant who is vindictive in the extreme, smart with it and is being represented in court etc because he's claiming benefits and on legal aid- just doesn't seem fair to me that there are so many lazy B*st*rds who are better off than those who get on with their lifes and work for a living.
  8. Thanks for your advice- appreciated, do you have any links? examples?, sorry I know i'm a bit thick but its all legal jargon to me and means nothing. however Why would you assume that because Env Health are involved it has to be pretty bad?, Environmental Health are obliged to inspect any rented property at the request of a tenant, it doesn't neccesary follow that living conditions are bad, for example, the electrics were assessed as a band A risk (the highest level) a periodic report was ordered but all was well, infact the electrician noted that installation was "excellent" So please don't make assumptions, there are some nasty vindictive tenants out there ! and I'm sure there are some nasty Landlords i'm not one
  9. There was actually nothing wrong with the electrics - full periodic done, no faults found, but new IEE regulations say you need bonding between shower and light, this was done and a minor works installation was issued- WORK Completed I have since found some loft insulation at B&Q which is on offer and can do the loft for £60, so im going to lay that at some point next week. The tenant hasn't spent anything and hasn't formally told me why they are withholding rent. Do you have any idea on how to prepare my case, i.e courtprocedure, bundles???, witness statements etc- totally in the dark and very very confused
  10. Environmental Health asked for loft insulation to be layed, I wrote back saying that I didn't regard it as a repair S11 act and that funds were obviously tight with no rental income, I stated that I would look to have it installed next summer or when funds become available. Other Env health issue was state of roof, yes it will beed replacing but in the meantime I've had it looked at and there are no current signs of water penetration. apart from 2 minor repairs that the tenant has scratched around to find this week, thats it !
  11. Hi I am a landlord who is owed 2 months rent (almost 3) I have served section 8 notice and filed for eviction via PCOL, I have got a hearing date set for early November and I haven't got a clue what I need to do ? My tenant is a very clever gentleman who is on benefits and is therefore getiing free legal advice, I, on the other hand am at risk of having the property he is in living in and my home reposessed as I am getting into real debt !. My tenant is being represented in court and is preparing to file a counter claim against me. The history is this: Tenant moved into the property in May, there have been some repairs need, the property was managed by a letting agent, from what has emerged, at the start of the tenancy the tenant reported some minor issues to the agency and they basically ignored the tenant, eventually the messages strarted getting through to me, but not before the tenant had become irritated and was now actively seeking issues. The situation escalated and eventually I realised that something had to be done, I then disinstructed the agency to deal with any repair issues and instructed the tenant to only report repair issues to me and in writing, unfortunately during this period he had got Environmental Health involved and they heaped a load more issues on top, i.e. they risked the electrics as a category A and ordered a periodic review and inspection of the installation and that all remedial works should be carried out to IEE standards, other things included loft insulation etc. Anyway, during all this time the tenant has not paid his rent (although he has not actually told me why) but I received a letter from the housing department informing me that Mr xxxxxx was not paying his rent due to repair issues that were so serious that Env Health were involved. Well as I said, the case is going to court next month and I haven't got a clue how to deal with the court, I am really confused on how to prepare my case!!!!!!!!!, can anyone give me an idiots guide on how to prepare, bundles, witness statements (examples would be great!) also as it is PCOL how do I submit my evidence etc Any help greatly appreciated.
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