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View Full Version : T refused to go; Guarantee's unsigned; what deposit deductions?



Rach
03-04-2009, 14:09 PM
Hi guys
I am wondering if any of you will be able to give me some advice on how to get a tenant out of one of my properties.
I have been to court to regain possession. The court instructed a bailiff to meet me at the property with a locksmith. The tenants wasn't there but all her belongings where there as normal so it looked like she had no intention of leaving.
We changed the locks, her stuff is still inside. It has been 3 days now and I don't know when I can remove her belongings and what to do with them.
I have a new tenant wanting to move in now.
Any one know what I should do now??
Thanks
Rach

thevaliant
03-04-2009, 15:10 PM
Hi guys
I am wondering if any of you will be able to give me some advice on how to get a tenant out of one of my properties.
I have been to court to regain possession. The court instructed a bailiff to meet me at the property with a locksmith. The tenants wasn't there but all her belongings where there as normal so it looked like she had no intention of leaving.
We changed the locks, her stuff is still inside. It has been 3 days now and I don't know when I can remove her belongings and what to do with them.
I have a new tenant wanting to move in now.
Any one know what I should do now??
Thanks
Rach


My understanding is, is that if you have gained lawful possession, then you should store all her items (is that practical?) for a period of time for her to collect.

jeffrey
03-04-2009, 15:13 PM
There is a helpful thread about disposal of uncollected goods. Try http://www.landlordzone.co.uk/forums/showthread.php?t=201&highlight=Uncollected+goods.

Rach
03-04-2009, 15:33 PM
Thank you for replies. No storage is not an option for me as there is too much stuff and I can't afford it - the arrears where the last straw!!

I thought once the bailiff had been round we could get the belongings out straight away?? All the bailiff did was be there while we changed the lock!

Paul_f
03-04-2009, 18:10 PM
As far as I know you have a legal obligation to store (at the tenant's expense) goods and belongings for 90 days unless there is a clause in your AST stating something differently. If they are not collected within this time you are entitled to sell them and keep any money that is owed to you and return the rest to the tenant. I realise this might not be a practical solution to your problem.

Rach
17-04-2009, 15:09 PM
Hello again

I served a s21 on a tenant in arrears. she was refusing to leave but She has finally vacated, but has left the property in a mess and still with arrears.

When the tenancy began last year the tenant signed and returned her agreement but her mother never returned her signed guarantors agreement.
I do have a signed guarantors application form from her and a copy of the unsigned agreement. along with the approval from the referencing company confirming the mothers application.

If I were to chase the mother for the rent arrears would the paperwork that I have stand up?

Any advice would be a huge help.
Thanks

Lawcruncher
17-04-2009, 15:20 PM
If I were to chase the mother for the rent arrears would the paperwork that I have stand up?

I cannot think that it would.

Poppy35
17-04-2009, 19:02 PM
you can always write and ask for it but in a court of law it would not count.

johnboy
18-04-2009, 06:34 AM
One option would be to write to the"guarantor" requesting the arrears within 7 days. If you dont get a response sent a letter before action and a print out of a pre filled Money claim on-line form https://www.moneyclaim.gov.uk/csmco/index.jsp

stating it will be submitted to the the court if payment is not recieved.

It wont be enforcable but will the guarantor know that.

jeffrey
19-04-2009, 13:34 PM
One option would be to write to the"guarantor" requesting the arrears within 7 days. If you dont get a response sent a letter before action and a print out of a pre filled Money claim on-line form https://www.moneyclaim.gov.uk/csmco/index.jsp

stating it will be submitted to the the court if payment is not recieved.

It wont be enforcable but will the guarantor know that.
I disagree. Suing for money not payable is a criminal offence under the Fraud Act 2006.

Poppy
20-04-2009, 15:31 PM
At the very least you could try asking the non-guarantor for the money in a simple letter. Who knows, at the very least it will put them on notice that their daughter is not to be trusted and the mother hopefully will not put herself up as a guarantor in future.

Rach
09-06-2009, 13:02 PM
Hi all

what do you think to this guys??
Some tenants have been living in an old Victorian house for 4 years. They have now vacated and the landlord has asked to with hold most of their deposit for cleaning the carpets and oven.
They were old and dirty prior to the tenants moving in.

We have now found out that the landlord has plans to replace the carpet and install a new kitchen and has no intention of cleaning them.

Thanks
Rach

jeffrey
09-06-2009, 13:23 PM
Are you one of the tenants?

Rach
09-06-2009, 13:33 PM
no I am not.

Rach
09-06-2009, 13:38 PM
sorry hit the enter tab waayyy to early then.
No I am the LA but am caught between the tenant and L and need some friendly advice and an unbiased opinion.

Thanks
Rach

jeffrey
09-06-2009, 13:49 PM
sorry hit the enter tab waayyy to early then.
No I am the LA but am caught between the tenant and L and need some friendly advice and an unbiased opinion.
Sorry but you're not really caught between the tenant and L. Your role is L's agent; your duty is to L, subject to legal constraints.

Rach
09-06-2009, 13:55 PM
Jeffery
Thanks for your reply.
Rach

westminster
09-06-2009, 13:59 PM
Hi all

what do you think to this guys??
Some tenants have been living in an old Victorian house for 4 years. They have now vacated and the landlord has asked to with hold most of their deposit for cleaning the carpets and oven.
They were old and dirty prior to the tenants moving in.

We have now found out that the landlord has plans to replace the carpet and install a new kitchen and has no intention of cleaning them.

Thanks
Rach

Firstly, LL has to show evidence that T caused damage by producing check-in/out inventories describing before/after condition of carpet, oven etc.

Then LL has to produce genuine receipts for the cleaning.

If he can't show that T caused damage and doesn't provide receipts for the cleaning then he can't claim those deductions.

Edit: Obviously T may not dispute that cleaning was necessary, in which case T should just demand receipts for the cleaning before agreeing deductions.

Rach
21-09-2009, 16:19 PM
My apologies if this is the 2nd time you have seen my question. I posted my thread but it didn't appear, so I am re-doing it.

Any advice would be so welcome!

A tenancy started in 2005 therefore wasn't in the TDS.
A dispute arose at the end of the tenancy and TDS didn't want to get involved and advised to go to court.
Landlord claims he didn't get the court papers and has now been told to give the tenant all of his dposit.
Landlord now wants to appeal the judgement.
Does the landlord need to refund the tenant ( as shown on the court judgement) or wait until after the appeal?

Thanks
Rach

jta
21-09-2009, 16:26 PM
My apologies if this is the 2nd time you have seen my question. I posted my thread but it didn't appear, so I am re-doing it.

Any advice would be so welcome!

A tenancy started in 2005 therefore wasn't in the TDS.
A dispute arose at the end of the tenancy and TDS didn't want to get involved and advised to go to court.
Landlord claims he didn't get the court papers and has now been told to give the tenant all of his dposit.
Landlord now wants to appeal the judgement.
Does the landlord need to refund the tenant ( as shown on the court judgement) or wait until after the appeal?

Thanks
Rach

Write to the court explaining the circumstances and ask for the judgment to be set aside.
Don't pay anything until you have a clear cut decision.

Moderator1
21-09-2009, 16:27 PM
Four separate threads by same member have been merged here. Do not cause problems by starting continuation threads; use the same one.