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    • Thank you so much for the reply. I have tried to call the court (Torbay & Newton Abbot) but they are short staffed so cant answer ;-( Does the discharge mean it has been thrown out? On the report is is just market as the court date 10th December 2020 and under that Discharged. Thank you!
    • I need to repair the lead flashing on my side of a firewall on the roof of a Victorian terrace. It will involve hacking off the cement on my side, installing new lead and reapplying cement. Do I have to notify my neighbour under the party wall act before getting this work done? I was under the impression minor work was not notifiable. I would consider this minor work. From the party wall act:   "Some works on a party wall may be so minor that service of notice under the Act would be generally regarded as not necessary. Things like:  drilling into a party wall to fix plugs and screws for ordinary wall units or shelving  cutting into a party wall to add or replace recessed electric wiring and sockets  removing old plaster and replastering may all be too minor to require a notice under the Act."   The neighbour has got wind of what I am doing and has asked for written grantees that I will cover the cost of any impact on his side and is threatening to invoke the party wall act if I don't I don't want to write him a blank cheque as his side of the firewall is probably is as bad a condition as my side.
    • They will NOW debit   Sorry I need to relax before I type out responses. and reread them. Tried to edit the post but cannot
    • dx has dug up points that could change everything.  They need to be investigated.   You wrote that you took photos at the time.  Have you found them?  Can you upload them?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi guys i really need your help

 

i have a property which i have rented out through agency.

 

Everything was fine until feb this year. I wanted to sell this house so i gave section 21 noticeon 15th Feb to end agrreememnt in May. this is more then enough notice from my side. since then tennents did not pay the rent.

 

also i wanted to take pictures of the house for sale purpose. i gave 1 week notice to tennents that i will be attending the property with professional photograper. tennents did not communicate with me. so as planned i went to the property with letting agent and photographer. While we were taking photos one man entered the property and claims that he lives here with his wife. he had driving licence registered on same address. There was only 2 ladies registered on tennecy agreement. This man stared to be aggrasive and abusive towards us. We have to call police to get him out of the property.

 

yesterday i had a meeting with my tennet(lady) along with letting agent. She clearly not intrested to pay the rent. She wants me to evict her through court. The tennency was for 2 ladies and 2 kids. But looking at the state of property its seems there are more then 6 ppl live there.

 

so... thats the situation i am in. I would much appriciate your help/advise in this matter.

Thanks

Edited by honeybee13
Paras.
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Hi Sutha

 

Welcome to CAG - You will get some advice shortly, however you may have to go down the legal route to get this resolved.

Please bare with us.

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Unfortunately you'll have to go through the courts to kick them out.

Because there are children living in the property, the tenants could get a council property quite quickly by showing the notice you've given them, but why would they do that if they're living rent free?

Did you have a guarantor agreement by any chance?

Also, read the letting agent contract, a long shot but they might have been offering guaranteed rent when you signed up.

If you have to evict them through the court, come back here where you will find experts in this area.

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Ok, i'm not an expert, but by reading other threads you have to issue a valid section 21 notice which sounds like you already did.

We assume that everything is above board and the deposit has been protected within 30 days of tenancy start and tenant received information pack, the agreement is a AST and there's proof that they're in rent arrears.

If all is as we assume, you now have to wait until the last day of notice.

A few reminders that they have to leave by that date is what I would do.

Please note: At this stage you're dealing with eviction and not rent arrears.

If you want your unpaid rent you can start a separate mcol.

You can seek a possession order and payment of rent at the same time, but I would prefer to keep the two separate because most times eviction on its own is quicker (no money involved).

It's your choice really, but the question you have to ask yourself is: If a win a claim for the unpaid rent, would they ever pay?

Have they got any asset that can be useful to hceo?

If the answer to both questions is no, I would not bother.

Back to the eviction: The day after expiry of notice check that they have not left the property.

A visit would be my preferred option, of course video documented in case the guy reacts stupidly.

If they're still there apply for a possession order via this site:

 

https://www.gov.uk/accelerated-possession-eviction

 

Then follow the procedure explained here:

 

https://www.gov.uk/evicting-tenants/overview

 

Good luck!

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the reason they are waiting for a court order for eviction is because they are more likely to be rehomed by the council if they do, despite the costs of evection being recoverable (most LL are just glad to get people out so they dont apply for costs) Councils often erroneously tell people they arent homeless or have deliberately made themselves homeless if they dont do this, Completely wrong but councils dont ahve an endless stock of houses so they will misinform people to try and ease the pressures on them to rehouse.

So, looks like you have to go to court

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