Evicting tennants

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Postby thebuzz » Thu Dec 15, 2011 3:53 pm

Fingers crossed they don't turn up, much easier to deal with if they don't as it should all go in your favour, no questions asked. Although we had that with one lot and they then appealed saying they didn't receive the court papers so we had to go through it all again. It's such a hassle!
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Postby TryingAgain » Thu Dec 15, 2011 4:01 pm

I have just received a telephone call from the Letting Agent. He said a man has been into the office claiming to be the brother of the female tennant.

Saying that they have seperated and he has now left the property and she is there with the daughter. They say he has left them with a lot of debt and she didn't know the extent of the debts or the rent arrears, they claim they have just found the Letting Agents letters and Court documents as he had been hiding everything from her.

They say she wants to stay at the property and will I agree for them to stay if they can pay the arrears? I really don't know what to do for the best. I want the money back, but after all the upset and stress they have caused me I just want them out. She is also denying signing the tennancy agreement and said no matter what happens they will be going to Court.

I am so stressed out about this I can't tell you. I have a panic every time the phone rings, it makes me shake and feel sick. Why on earth do people live like this I just can't understand it? I would just love them to pay the money and bugger off but I know that is not going to happen. I wish I could sell the house.

Keep you updated :cry:
* TTC since 2006
* no response to met, clomid, injections
* IVF, 3 eggs, 1 embryo, beautiful daughter born 2008
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Postby Hols969 » Thu Dec 15, 2011 4:44 pm

Oh poor you. It may be true what she says. One good thing is she is suggesting paying the arrears but if they got into financial difficulty when the partner was there, how is she going to pay for it??

The letting agent should be able to advise them of the arrears and find out if they can pay the lot. Let them deal with all this stress as much as possible for you.
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Postby TryingAgain » Fri Dec 16, 2011 10:35 am

Quick update, they are supposed to be going in to see the agent today. They are now saying that they never signed the tennancy agreement and that I have forged their signatures! Can't belive the bloody cheek of it, they are living in my house, not paying the rent, and are now lying about it all too!

I am a Legal Executive for my job and their signature were witnessed by a colleague so we will both go to Court and assure that they did sign it. The agent doesn't seem too conserned about saying he has heard it all before and they are just clutching at straws because we are getting closer to the date. He is confident that we will get the possession order but said to expect it to be adjourned for another day to deal with the debt if the Judge takes any of this on board. He said until they pay anything they dont have a leg to stand on. I can't tell you how worried I am about this.

I will update you if I hear anything further. . . .
* TTC since 2006
* no response to met, clomid, injections
* IVF, 3 eggs, 1 embryo, beautiful daughter born 2008
* IVF #2 Nov 2012, 5 eggs, 1 embryo, BFN
* . . . . . . . . . . . . . . . .
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Postby thebuzz » Fri Dec 16, 2011 10:35 am

If she turns up at court then she can put forward a repayment scheme, if you agree to it then you can have a court order drawn up stating what needs paying and when, and if they dont adhere to it then you can go back to court to have them removed. You dont have to accept the repayment plan, you can just say you want them out. If her signature is on the tenancy agreement then she is liable for the debt, nothing she can do about it. If she didn't sign it, then she is there illegally and you can either have her removed or if you are happy for her to stay, then you can start a new agreement with just her name.

Do they have a deposit? WIll that cover the arrears or part of it? Have that info to hand as you can keep the deposit to go towards unpaid rent.
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Postby TryingAgain » Tue Dec 20, 2011 5:48 pm

Just thought I would do a quick update, the tennants didnt go into the agents as they said they would and haven't contacted them at all since. My friend who lives over the road confirms that they are both still living there.

I called the agent and he said that when we go to court on thursday he expects that the bloke will turn up on his own and make out that he has moved out and that we should pursue the woman, in the hope this will give them another couple of months of living in my loveley house rent free!! The agent has got a statement from my friend who lives in the street to confirm that he is still living there. The main thing is getting this possession order, the agent is confident that we will get this order and worse case if we have to get the bailiffs out to remove them we should have the property back by the end of Jan at the latest.

I still can't believe people live their lives like this. I will let you know what happens on Thursday when we go to court x
* TTC since 2006
* no response to met, clomid, injections
* IVF, 3 eggs, 1 embryo, beautiful daughter born 2008
* IVF #2 Nov 2012, 5 eggs, 1 embryo, BFN
* . . . . . . . . . . . . . . . .
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Postby hope07 » Wed Dec 21, 2011 8:26 am

OMG! this is everything thats wrong with society these days! How can people possibly think they can live somewhere rent free- I wish you all the best with getting your property back- As an aside the letting agents don't sound like they've done a very good job!
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Postby MsMara » Wed Dec 21, 2011 6:28 pm

Wow, that is just horrific. I'm so sorry you're having to go through this. :(
The best thing about life is that it's never so bad that it can't get worse.

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Postby TryingAgain » Wed Dec 21, 2011 6:48 pm

The agents that are helping me through this court process are not the agents who found these tennants.

I went with an agent to begin with, they paid every month for 6 months no problem, and then at the end of that they asked me to lose the agent and deal directly with them, and naivley that is what i did and they have messed me around ever since.

I couldn't sort it out for myself so I went to the Property Ombudsmen and they recommended the agent I have now. They haven't charged me a penny and have done everything, I just paid the Court fee, on the basis that we will use them to let and manage when we get rids of these scumbags.

I have since found out that the tennants already have CCJs and they were not properly checked so I have reported the cowboy agent to the ombudsmen and trading standards and they are being investigated. This whole thing has been a nightmare.

I am dreading tomo, i will let you know what happens x
* TTC since 2006
* no response to met, clomid, injections
* IVF, 3 eggs, 1 embryo, beautiful daughter born 2008
* IVF #2 Nov 2012, 5 eggs, 1 embryo, BFN
* . . . . . . . . . . . . . . . .
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Postby devilisha » Wed Dec 21, 2011 8:09 pm

Good Luck 2morrow TA :) Hopefully they will just kick the feckers out.

I surprises me that people can be like that, I mean what gives them the audacity to live in a private home and not pay :evil:
I know there is so much hardship out there, but thats no excuse for the way they have behaved :x
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Postby TryingAgain » Thu Dec 22, 2011 7:46 pm

Well, it is over, thank God for that!

Went to Court today and they were both there- with their 8 year old daughter! :shock: Who takes their children to Court when they are being evicted?!?

They asked to speak with the CAB advisor before they went in so I feared the worse, then he came out and asked to speak to my agent before we went in, my agent said they just both broke down in tears and said they admitted they had signed the agreement, that they were both still living there, and they agreed the debt, they just said they had both lost their jobs and couldn't afford to pay the debt or the rent and they just wanted the Court Order to get a council place. They asked if they could still stay there until the end of Feb!! The bloody cheek of it! Well I said no, but as a gesture of good will, because of the time of year and the fact there is a child living there, I gave them 28 days rather than the 14 the Court would impose. So we all agreed they would leave on 22nd Jan, they also agreed the new agent could inspect it before they leave and that they would leave the keys with the agent. So we now have a possession order. I asked what would happen if they didn't leave and the agent said he thought it was highly unlikely after today but if they were still there on 23rd Jan we could either get the bailiff out or we could just change the locks ourselves.

They also entered a CCJ against both of them for the debt. They have offered to pay £7 per week as they say that is all they can afford to pay, so I have accepted that and they said it would be reviewed again in 3 months. To be honest, I had already kissed goodbye to that money and the main thing was getting them out of there.

I have to say the agent was great, he drove me there and did all the talking and I haven't even paid them anything. I am just going to use them to let and manage when we have the property back. He said they have a waiting list for that area and we will get a rent guarantee in our contract with them.

So, all in all, I am pleased with the outcome. We all agreed that in front of the Judge and he said we would get the Order in the post and the agent spoke to the tennants and said he would call them again after Xmas to make arrangements.

When I was waiting in the waiting room before we went in, I thought I was going to have a heart attack, I had a tight feeling over my chest and arms I was shaking like a leaf. I just think it is stress and all the anxiety this situation has caused. the new agent assures me that we will have a new tennant in and paying by Feb.

I am going to try and forget about it now until Jan x x
* TTC since 2006
* no response to met, clomid, injections
* IVF, 3 eggs, 1 embryo, beautiful daughter born 2008
* IVF #2 Nov 2012, 5 eggs, 1 embryo, BFN
* . . . . . . . . . . . . . . . .
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Postby Hols969 » Fri Dec 23, 2011 11:56 am

I have to say that is better outcome than I really expected. Phew thank goodness for that. Not much longer and they will be gone.

What a stressful time for you all so make sure you have a good xmas.
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Postby TryingAgain » Thu Jan 12, 2012 8:36 am

Well the sage continues . . . . .

Received a call from the local council to say the woman had approached them for council housing. She again saying she is single and didn't sign the tenancy agreement. However they checked with housing benefit and they told me yesterday that she has been getting £112 per week since March 2011!!!! it has knocked me sick. I told them that it hasn't been paid to me and wouldn't she be done for benefit fraud? and they said no because she is entitled to the benefit and it was her choice not to pay it to me! What the hell?!?!?! :twisted:

They told me yesterday that I could apply to the bennefits to cancel their payments and pay them to me, so I have done this today but I have my possession order from next week so I suppose I will only be able to get one week.

I am so angry and upset about this I think I am getting depressed about it. Does anybody else think the rules about private tenants are a disgrace? so if you don't work, you can live in a nice new house for free, and the council will pay you to pay your rent- and its up to you whether or not you pay it to the landlord!!! Yes, thats money that is coming out of my contributions- they don't even have to pay their council tax!!!

If I didn't own my own home I would go bankrupt and lat them reposess the bloody thing. This whole thing sucks :( :twisted: :( x
* TTC since 2006
* no response to met, clomid, injections
* IVF, 3 eggs, 1 embryo, beautiful daughter born 2008
* IVF #2 Nov 2012, 5 eggs, 1 embryo, BFN
* . . . . . . . . . . . . . . . .
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Postby Hols969 » Thu Jan 12, 2012 5:33 pm

Sounds bl**dy ridiculous to me. How come if my in laws, who are council tennants, are in arrears they threaten to kick them out .... as long as they get their money, and in this case the property isnt owned by them so sounds like they dont care.

Im not surprised you are feeling low but hopefully there is still a light at the end of the tunnel.
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Postby Kasha » Thu Jan 12, 2012 7:33 pm

I'm pretty sure that's not right! They are getting the benefit to pay rent, if they are not using it to pay rent then they are benefit frauds surely???
How stupid!
I hope you grt it sprted out!
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