Don Holmes

The best way to resolve this is the tenant contact the DPS immediately asking for repayment . Clearly the Agent will be contacted by the DPS advising them that the request has been submitted, in turn that should be agreed by you, the LL Put a letter into the DPS now explaining what you are doing. You will need a firm understanding with your tenants that they will on receipt transfer the funds back to you, then you will need your own DPS account to resubmit. Dont forget to re-issue the proscribed information down loaded from the DPS site and have your tenants sign to say they have received it. Good Luck. We are in the NW if I can help. Regard Don... Read More

I have a hearing today. The Solisitor representing called yesterday to advise us to be prepared, he had just been in court and had an application deferred for 3 months!!!
I will advise how today’s proceedings go?... Read More

The direct advice you were looking for is from Charles above. Ground 17 – This ground was introduced by the Housing Act 1996 and covers cases where the tenancy has been created as a result of a false statement knowingly having been made by the tenant or someone acting on his behalf. It is worth noting here the importance of a Tenancy Application which seeks factual information from the tenant.
If you have an application form from the applicant on which they have made a false statement then the Judge has no discretion.
https://www.landlordzone.co.uk/information/grounds-for-possession... Read More

Hi Sunny
I am the MD of Go Direct Lettings a growing national franchise rental agency, this is really annoying and bad news to me as our industry is already up against it with agents like this causing us all this bad rap!
However, to offer some positive advise, before we shoot to kill, you must go and speak with the agent and find out the Why? Then if happy insist on at least a standing order being put in place there and then. This is of course a second chance, or sounds maybe more like a third.. If you are not happy with the response, then you have every legal right to stop payment going to the agent. Write a letter to your tenant instructing them to stop any further payment to the agent and make arrangements to collect direct to you, and if they are on UVC or HB, inform the LA.. This doesn't circumvent the agreement you have with the agent, that can be dealt with separately,but as said above it would seem they are in breach anyway, but it stops the rot and has the money redirected. Then you can deal with the agent later and select another. When selecting the next agent, always make sure they are a member of 'Safe Agent' have client money protection are a member of DPS and PRS. if you have any doubt about any of the abbreviations, Google them, it will assist in your development as a Landlord. If I can assist further I can be found here, via my members profile. Good Luck. Don Holmes.... Read More

Hi Karuna
There unfortunately isen't such a document available without getting a solicitor to drew up such a loan agreement after which, bearing in mind your tenant hasten't paid his monthly instalments already so why would he again?
The best advise as above is get rid and then get a court order via small claims court which would be the best,quickest and strongest "possibility " to have in stick to the deal? At least with this order you could go for some attachments of earnings and or benefits. After 30 years as a LL I must agree with the above I very much doubt he will stick to any agreement to pay the debt, let's hope he proves us experienced sceptics wrong
Good Luck... Read More

I have seen lots of rented properties converted to cannabis farming. Tenant refuses inspection visits or keeps avoiding the appointment, recently when we decided to gain forced access and found such a farm the police after taking away the vegetation and leaving all the equipment as this is legal tender refused to persue the tenant as they said "no point they will only get a warning" Then and believe me you couldn't make this up, want to interview our agent for breaking and entering!... Read More

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Hi Mark
That as may be but we have PI insurance and part of that policy offers this cover.so they should honour it!
Thanks... Read More

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Thanks.

I have just had my 15 minute telephone chat with a lady called Margret at Cotswold Chambers and in fact in 10 minuets I have explained the issues which she grasped immediately and has advised me exactly how to deal with them, so highly recommended and Thank you to you all for the response and assistance
Kind Regard Don... Read More

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Thank you Mark
I have sent a message and hope to hear during the week.... Read More

Hi Mandy
Thank you for your advise I will certainly keep this is mind.

No the flats are not subject to SL. We own 4 of them and the freehold interest in a block of 9, he is just being a 'jobs worth' where because I yanked his chain in the first place is now abusing his authority and using this interview as part of his intimidating tactics, If we read between the lines in a recent email he sent me he says " And the other freeholder will be getting the same letter" by which he means my wife? Just another day in the life of a busy landlord hey?... Read More

Best advice here would be Change you architect!
Good Luck... Read More

Hi Amelia
As an agent operating on a national basis I am so disappointed to hear yet another story such as this, It once again reiterates the importance of the "Safe Agent Scheme" run by 118 and the need to full professional licencing of our industry, That won’t stop businesses that are badly run failing, but it will improve the entry level and introduce better safe guards.
In relation to the on -going rents, which is the urgent issue, you are quite entitled to contact your tenant and advise them of new rent payment arrangements and account details. Any contractual obligation you had with the deceased company dies with it.
I would recommend contacting them immediately and issuing a new bank standing order redirecting future payments, after which you can start to consider the other issues, if I can help in any way see my members profile on here. And good Luck.... Read More

Good Luck on Wednesday "Come on David"... Read More

I too have just been booked for speeding, traveling along a dark country Rd in the North of Scotland doing 40, in what I believed was a 50, when the copper told me it was a 30 and gave me the bollocking, I had no choice but to take it on the chin and pay the £100 fine, I didn't put up any argument as there isn't one to argue.

Steve has tried to duck all levels of doing this correctly and acting within the laws Dismissed the agent, No AST, Didn't protect the deposit, Dint issue the proscribed information, and I will make no comment about the alleged harassment? I accept that this is on the whole a LL forum but am surprised no one on here has taken him to task on his professional approach to this?
Our industry is being attacked from all sides due to some rogue landlord behavior we professionals should take every opportunity to highlight bad practice and educate them, not offer advice on how to avoid the processes!!! Irritated professional agent.

I... Read More

I am disappointed to advise we on the Wirral are following suit. The consultation period has just began, I attended a meeting a couple weeks ago and although the officer chairing the meeting was adamant that it is just that "a consultation" process, he would not take my bet when I suggested " It will not matter what we argue it will be imposed at some point"
Its disappointing in other ways as well, Wirral are just following the Liverpool model not even using any imagination, £500 per 5 year licence and sold as only £3 quid a day!!!

I will be following this closely and exposing the local argument as it develops.
Thanks Don... Read More

Well done, Liverpool will be watching this closely!

Good Luck... Read More

O" Thanks Neil I am much clearer now! LOL

Keep watch hey?... Read More