No signed lease, no rent! can i evict! |
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glasmale26
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Joined: 21 April 2010 Online Status: Offline Posts: 17 |
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Posted: 31 July 2010 at 6:02pm |
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Ok, I'm Reading into this that as long as I can show the old cert and perhaps proof that I have requested the tenant make the property available for inspection then there not much else I can do??
Really the issue for me is that if I go to court next week and she claims she has never seen the gas cert will that cause a problem?? I would presume and hope not but thinking through every eventuality!! |
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Carryon Regardless
Executive Member
Joined: 06 June 2009 Location: North West Online Status: Offline Posts: 344 |
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Posted: 31 July 2010 at 7:07pm |
I see this as reasonable. Even if the T hasn't seen the cert it doesn't mean there isn't one, and you can demonstrate there is. It is usual that one of the three copies of the cert stays at the inspected property. Mine will be/ was in a plastic sleeve by the gas meter. What happens from there cannot be controlled.
Remember we are just "some guys off the net", and here we have differing opinions. The ultimate responsibility will be yours, something we all get used to for many things to do with properties.
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CoR
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Richlist
The 2,000 Posts Club
Joined: 01 January 2007 Location: UK/Spain/France Online Status: Offline Posts: 3332 |
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Posted: 31 July 2010 at 8:23pm |
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If the tenants copy of the gas cert' has been left in the property, wouldn't it have been identified on the inventory and signed as such by the landlord & tenant ?
Surely this is all the proof you need that the now expired gas cert' was supplied to the tenant.
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Comments assume you're in England/Wales, pay under £2083 monthly rent and that your last AST was dated after 6/4/2007. Probably the best landlord in the world - well if its good enough for Carlsberg.
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Amberleisure
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Joined: 07 July 2008 Online Status: Offline Posts: 15 |
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Posted: 02 August 2010 at 8:14am |
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As long as you have a copy of the gas cert I would take this with you to court, you dont know what the tenant will say.
Also I always get my tenants to sign the gas cert and then a copy is left with them and if they lose it then that is there problem.
Also I would as the court if it would be possible to get into the property to carry out your next gas safe, you never know the court might allow this to happen.
Good Luck with court next week
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glasmale26
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Joined: 21 April 2010 Online Status: Offline Posts: 17 |
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Posted: 09 August 2010 at 10:36pm |
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Right boys and girls,
Good news! Been at court today and eviction granted, tenant didn't bother to show up! Quite glad all went plan but now im onto the next step! I have no doubt she wil hang it out until the bailiffs arrive- The judge was very friendly and I asked what my chances were of getting back my arrears and costs and he basically said, "you have virtually no chance" "If she hasn't the rent money you can presume she has no money" I also know that she hasn't paid electricity or council tax since moving in because they have been in touch to chase me! So my next set of questions! I'm sure they'll be covered somewhere on the threads but it's great to get real life examples and advice! 1- If in 14 days she still hasn't left what is the process to get the bailiffs round? I presume it's a form I send to the court but there will therefore be some delay before it is processed or heard? Also do I need to go back to court for that hearing? Where do I get the form? I'm guessing I'm not allowed to put it in early? 2- I spoke with a few people in the law industry who have said the same thing regarding the debt (about 2k) and all agreed that I would be throwing good money down the drain in trying to recover it. So, is it possible for me to 'sell' the debt to a debt collection agency? e.g if they recovered it I would pay them a commission? Does such a service exist? 3- How long does she have to pay these arrears before I can apply for a CCJ or similar against her? If nothing else I just want to f=== her credit facility for as long as possible! 4- In the above example how do I go about tracing her? Links to the previous question, would a company take on the debt without a known address for her? 5- I do know her DOB, parents address, name etc so should nt be too hard to find her! 6- Finally, a little off topic but if its so hard to get this money back when a court has ordered it why do we all pay back our own debts??? System seems a little bit crazy! Anyway, thanks for all the advice!! Love this forum! I'm actually looking forward to reletting it as I have learned so much over the last few months!! Steve |
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glasmale26
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Joined: 21 April 2010 Online Status: Offline Posts: 17 |
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Posted: 11 August 2010 at 7:23am |
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Tenant has moved out! Visiting flat tomorrow then I need to decide whether to use an agent this time to relet!
Is it worth it? After surviving this hassle I feel as though I can do most of the work myself but if I knew an agent would take care of everything I would go to one, What do you think? |
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Amberleisure
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Joined: 07 July 2008 Online Status: Offline Posts: 15 |
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Posted: 11 August 2010 at 8:14am |
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Thats really good news
I use a agent just to find some of my tenants and they carry out a credit check and then they hand them over to me so they can sign the tenancy paperwork.
I have found this really easy as they get rid of all the bad tenants. I always make sure that i do all the tenancy paperwork and protection of the deposit.
Most places only charge a finders fee of one months rent plus VAT.
You could always try this once i know its alot of money but at least they get rid of all the bad tenants for you.
Im glad everything has worked out well for you in the end.
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