Jump to content


  • Tweets

  • Posts

    • In addition to dealing with the individual problems that this person is creating for you, you obviously need to deal with it holistically because there is a problem of identity fraud which may well continue and will certainly affect you and your family throughout your lives. Nobody should underestimate the seriousness of this kind of thing. Although people will commonly apply the label of "identity theft", what you are actually dealing with here is "identity fraud" and it is well understood in academic circles. The police were quite wrong to say that there was nothing they could do. I'm afraid that this reflects under-resourcing coupled with poor staff development and a poor attitude. There are offences being committed here and the girl herself is committing fraud contrary to sections 1(2a), & 2 of the Fraud Act 2006  https://www.legislation.gov.uk/ukpga/2006/35/contents   Of course the police will find it very difficult to do anything and given their resources, I suppose they have other priorities. However, you could be certain that if your family was related to the head of the local police force, they would be dealing with it PDQ. You say that this has been going on for a number of years – but you don't say how long. Maybe you had better give us a detailed account of what has happened. Please set out in a bullet pointed chronology so that we don't have too much narrative but a good structured idea of what has happened. This should include a list of the problems which have occurred and how they have been dealt with and also complaints which you have attempted to make. You definitely need to start taking this very seriously. How old is your daughter? In terms of opening mail, you should open every letter that comes to you and if you find that it is associated with this fraud, then you should photocopy it/scan it into a computer and start building up a file. I hope you have kept some of the correspondence and other documents which you might have received. Please let us know what you have. You are definitely going to have to start accumulating a robust file of evidence and I suggest that the first thing you do is you start sending SARs out to all of the organisations which have been involved and see if you can tease out of them any personal data that they might have which is apparently linked to you. Either they will provide you with a statutory disclosure – or, of course, it will be amusing if they say that they are more proof of your identity and that they won't let you have the disclosure because they are not satisfied that the data they have relates to you. I don't think you're in a position to make any serious complaint until you have put together a convincing file of evidence which shows that there is systematic identity fraud. We will help you to start to do this and help you to structure the file that you will put together and then we can begin to explore avenues to make a complaint. It also occurs to me that they could be a basis here for making a complaint under the Protection from Harassment Act 1997 although this would be an unusual application of the act – but we can have a look when you put together your file.  
    • Correct.  If the breach of statutory duty continues then you issue another claim.  The distress you are claiming for is only the the distress you experienced up to the issue of the first claim.  
    • Thank you all for your help. Is there any way to find out what (if any) debt I owe?
    • Just quick one before I ship the letter this morning. Do I need to add parkingeye's reference number to the letter?   Thanks
    • The move to delist non-compliant companies coincides with a wider push to ramp up pressure on China. View the full article
  • Our picks

Please note that this topic has not had any new posts for the last 1561 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Dear all

 

A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children.

 

One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving.

 

There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy?

 

What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order.

 

My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent?

 

Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse?

 

Thanks in advance for any advice :)

Link to post
Share on other sites

When did current Tenancy commence? month/year, for what fixed term?

Personally I would let current T go periodic, even if only to deprive LA his renewal fee

Perhaps ask G if they wish to remain G for T, if No then req T to provide new G

Link to post
Share on other sites

Hi thanks for the reply.

It was a 12 month AST and began August 2015.

 

As the agent has started viewings do you think they will get annoyed if I negotiate a periodic? Is a periodic tenancy better for me? I don't have contact details for G - should I ask T to het him to contact me, or no deal? Will G still be bound if the tenancy goes periodic?

Link to post
Share on other sites
  • 1 month later...

Update:

Tenant now saying she won't leave until eviction as the council have advised her to stay beyond the s 21 expiring next month. BUT - she has a guarantor and I am inclined to let the tenancy go periodic to avoid the hefty eviction fees and void period/ My agent says that his TOB states that the whole original commission rate is due for a periodic which I have now disputed.

 

Shall I just go for it and get a possession order? I don't mind if they stay and would prefer the consistent rent even though they want council housing so are being unpleasant.

Link to post
Share on other sites

Dear fellow caggers

 

I apologise if this is a repeat post as it raltes to my other thread but the situation in the other thread is now not happening and I have another query:

 

My tenants were issued with a S21 that expires at the end of the fixed term in the middle of this month.

 

The tenant now saying she won't leave until eviction as the council have advised her to stay beyond the s 21 expiring next month. BUT - she has a guarantor and I am inclined to let the tenancy go periodic to avoid the hefty eviction fees and void period/ My agent says that his TOB states that the whole original commission rate is due for a periodic which I have now disputed. I don't mind if they stay and would prefer the consistent rent even though they want council housing so are being unpleasant. They refuse to communicate with me - all this is coming from the agent.

 

There have been no rent arrears although a few late payments and if they stop paying rent they potentially risk making themselves becoming intentionally homeless so the council may not help them in that case.

 

Any advice gratefully received.

 

Thanks!

Link to post
Share on other sites

Previous related thread http://www.consumeractiongroup.co.uk/forum/showthread.php?466335-Tenants-want-to-pay-6-months-rent-up-front-after-s21-has-been-issued

(HB beat me to it by merging threads)

 

IMO proceed with valid s21 repo and ask Judge to award costs against the T.

T will remain hopeful of obtaining Council Housing, which may be offered for occupation at short notice. When repo is granted, T may be eligible for emergency accom in B&B.

If you can't cope with costs of a void/renovation/repo, time to reassess your position as PRS LL.

Link to post
Share on other sites
  • 4 weeks later...

Hi all!

 

My agent wants to charge the full renewal fee of 4 % plus VAT for a fixed term tenancy that went periodic. No labour was required to do this including checking whether or not the tenants left after a section 21 was issued. They wanted me to do this!

 

They have graciously allowed me to pay on a quarterly basis.

 

The fee charged is the same as for a renewed tenancy with a new AST. Is this a fair fee and can it be challenged?

 

 

Thanks to you all.

Link to post
Share on other sites

I am reluctant to comment on an unseen Contract clause, but generally no one can charge a renewal fee JUST for allowing T to become SPT at end of fixed term -as it is T's Statutory Right.

Is the LA a member of a Trade Body, eg ARLA? If so, complain to them.

LA may decide to cancel their Contract with you if not paid - Oh Joy!

Link to post
Share on other sites

Fees

 In the event of the tenant, introduced directly or indirectly to the property, renewing the tenancy for a further period, or if the tenancy falls into a periodic tenancy due to a contract renewal not taking place, you agree to pay ******* a further fee, which will be equal to that of the initial commission agreed plus VAT, of the gross annual rental that year. ******** will complete contracts for renewal where requested, the cost of which to the landlord is included in the renewal charge.

 

page 3/9 in the terms of business.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...