Enjoying the Sunshine whilst Saving for the Rainy Day

Eager_Elephant

debtfreewannabe321 wrote: »

Kerri my father has just said the same thing. Send a locksmith round, change locks and get keys sent to letting agent so you can let it out. She has told me she still has stuff in the house that needs moving so what would I do with that??? She is in breach of contract as she's over 3 months late now (again!) I am thinking about it as my DF says at least I don't have to wait until the 24th only to do the same. The house could be up on the market by then and nearly let! Hmmm I just feel bad doing it (what is wrong with me I need a backbone here)

ETA: I've emailed her and if I receive no reply by Monday I will be getting a locksmith around to change locks and sent off to the letting agency. I've told her I need an address, an idea of when she plans to leave so I can collect keys and either full payment or partial payment and a plan in place to pay me what is owed. I've told her I will get a CCJ out against her otherwise which will impair her credit (i'm probably making things up again but who knows maybe I can actually do this one )

Please don't do anything rash - if you change the locks before the 24th this is classed as an illegal eviction and you can be taken to court for it :mad:

Of course this will only happen if she knows her rights and makes a complaint to the local council.

It does not matter that the tenant is 3 months in arrears - your remedy was to serve her notice which you did not do so and changing the locks is not a legal remedy (if she had not replied to the email to say her stuff was in there then I can see why you would want to change the locks but legally the property is hers until the 24th)

When you advertised the property last time did you keep the photo's?

Just wondering if the letting agent can advertise without pictures and just a description for now.

Could the new letting agent arrange to meet with her and get some keys cut so you have spares?

If the letting agent wants to show people around then he can give the tenant 48 hours notice and then enter the property (providing he has the keys)


Sorry if that is all really harsh but I don't know how to make it friendlier :rotfl: and of course I don't want you to end up in trouble.

Hope you have/had a good weekend.

*Robin*

debtfreewannabe321 wrote: »

She has told me she still has stuff in the house that needs moving so what would I do with that??? She is in breach of contract as she's over 3 months late now (again!) I am thinking about it as my DF says at least I don't have to wait until the 24th only to do the same. The house could be up on the market by then and nearly let! Hmmm I just feel bad doing it (what is wrong with me I need a backbone here)

Tenant has informed you she has not abandoned the property.
Legal response to rent arrears of eight weeks or more is a "section 8" eviction notice. Suggest you read

GM's excellent post:
http://forums.moneysavingexpert.com/showpost.php?p=52421475&postcount=6
(Linky eventually found on page 24 of the 'renting' board in another thread - so hope you find it useful, lol).

debtfreewannabe321 wrote: »

Yes she gave just under one month. She emailed me on the 28th although I saw it later. Her tenancy is from the 25th to the 24th each month.

Legally her notice would run for a full rental period; ie. in this case expires on 24th December. However Landlord has discretion to accept a shorter notice - but whatever date that is, must be agreed by Tenant.

debtfreewannabe321 wrote: »

ETA: I've emailed her and if I receive no reply by Monday I will be getting a locksmith around to change locks and sent off to the letting agency.

No! Please don't do this - it puts you firmly in the wrong. If the woman knows her stuff you'll end up defending a court case (which you will lose).

debtfreewannabe321 wrote: »

I've told her I need an address, an idea of when she plans to leave so I can collect keys and either full payment or partial payment and a plan in place to pay me what is owed. I've told her I will get a CCJ out against her otherwise which will impair her credit (i'm probably making things up again but who knows maybe I can actually do this one )

Yes she could end up with a CCJ - but only if you follow correct procedure.

Looking at my own tenants' bumf; both AST and DPS oblige the tenant to provide a forwarding address, although I've no idea how you could enforce it given that your tenant will presumably abandon her deposit.
My only 'professional' tenant [she of the cat-poo carpets] flatly refused to tell me where she moved on to; again she owed more than her deposit so knew she'd lost that. The debt collection agencies who came looking for her were therefore directed to her place of work and her church (later heard that proved very embarrassing for her! Karma in action :rotfl:).

Seems the best idea for you is to keep a dialogue going. The notice period is a useful negotiating tool; by accepting less in exchange for payment of [some/most of] monies owed, you can reduce her total bill and the time you have to wait before regaining legal possession of the house.

BTW: If the agent you have engaged IS prepared to go to the house on Monday with a locksmith - sack him!
Anyone can set up as an agent, but if they don't know the Law you are the person who will be held legally responsible.

Once you get possession of the house, it will probably need a bit of TLC in order to attract a 'decent' tenant next time - talk of 'photos and advertising feels rather premature..

Must say, if it was my rental house and tenant hassles; CD would already be installed at the Dogotel and I'd be picking up hire-car keys at the closest airport by now. Having already agreed a time to meet Tenant (giving reasonable notice). Face-to-face talking without losing temper is most likely to achieve a solution both sides can accept.
Sorry; do realise that even though you're not so far away it would be much harder for you to hand over your home responsibilities and deal with this personally, without delay. So a lot will depend on the quality of your agent - have you met him, do you know the company?
Seem to remember the house is in N. Wales?
Good luck.

As for dog issues. Actually the new owner sounds ideal; big strong bloke who does lots of running. Once the teething troubles have been sorted out, he seems a good match.
Given that the dog is likely to last longer than Neighbour's current posting, a better solution to the fencing problem would be something like this (which can be moved fairly easily):

http://www.ebay.co.uk/itm/VERY-LARGE-DOG-KENNLE-AND-RUN-/221312321964?pt=UK_Home_Garden_Kitchen_Steamers_Cookers_PP&hash=item33873e09ac

One thing confuses me D.Free; you say it is a huge dog, but huskies are the smallest of the snow-dog breeds. As your Dad owns one you obviously know what you're looking at, but I'd expect a 15 month old female to be under 50cms tall, weighing about 15 - 18kg. If your neighbour's dog is bigger, then she's either a malamute or mixed breed.

Of course you want Duke to accept her for his comfort; get friendly with Neighbours, see if you can join in at the end of the husky's exercise? After a five mile run the husky will be much calmer, and away from home Duke's defensive instincts won't kick in so much. Expect a few fireworks but persevere. Once they can walk together happily, then contact in the garden will be far less upsetting for Duke (not at all surprised he was p**d off when you gave away his treats to the enemy, poor little fella!).

Sorry for epic-length post.

*Robin*

Eager_Elephant wrote: »

If the letting agent wants to show people around then he can give the tenant 48 hours notice and then enter the property (providing he has the keys)

EE Sorry but do not think the above is correct. It is my understanding that unless the tenant gives permission, LL or agent can only enter the house in case of emergency; ie. water/gas leak.

(Though happy to be proved wrong if anyone knows better?)

Eager_Elephant

Sorry Robin I should have said only if it is in the tenancy agreement - I just assumed that DFW previous letting agent would have used a standard agreement which will have something about entering the premises to show prospective tenants around once the tenant has given notice.

It is likely that the tenant has moved into her new home at the same time as giving notice to DFW as Housing Benefit will pay for 2 homes if due to an unavoidable overlap (so her finding a new home and having to sign the tenany agreement straight away but also having to give notice to DFW will be enough).

Lets hope she pays you all the money she owes you.

debtfreewannabe321

Thank you EE and Robin for all the advice I'm over the initial shock of it happening to me again (who said that lightening never strikes in the same place twice :rotfl:) Guess what all my phone calls, emails and texts got a response and some money today :T. She's paid £290 so now only owes £1300 (only..............) She has promised another £300 tomorrow or Wednesday and another amount in two weeks when HB pays of £190. So that will take her debt down to £845 IF she does as she's said which will mean I can claim £525 of her DPS deposit if she pays nothing else so I will only be down a few hundred instead of a grand. Much better all my stressing at her was worth it then? I've transferred the money straight into my savings (isa) and will continue to do so for whatever else she pays. She's also given me a forwarding address ( I only had to ask 6 times and threaten to tell HB and get a CCJ against her :rotfl:) which I hope isn't a fabrication. But let's face it with my one teeny BTL i have seen it all My next job is to email letting agents, I emailed them for advice and I forget what they say now but they were helpful telling me what I could and couldn't do which I think was inline with what was said above more or less So i'm very thankful for the advice and help i've been given I now know what to do if she doens't follow through!

Anyway I'm back from mum's house and unpacked, I have a wash on timer for the morning and the BM is on the same. I have to do food shopping tomorrow so have just logged on to get my meal plan for this week. Have a lot of it already in but need all the fresh stuff and packed lunch things.

I was feeling very down on the way back home if i'm honest, thinking that November is shaping up to be one of those months we all dread. DH is away for the whole thing and isn't interested in hearing any bad things happening this end when he rings, he'd rather just have some sort of phone s3x (seriously, men!!!!) so he's been told where to go today after I had a bad morning with DS1 and my Nephew. Nephew stayed over at mums so he could play with my kids and he's the one with autism, adhd, dyslexia etc. Well we were reading books this morning and he just kept being a lil s0d. He doesn't like reading so kept interrupting and then kept shouting out the words he knew before DD did (It was her homework book so she was supposed to be reading it to me) I asked him if he'd like to read it to me and she could have a go after (or vice versa) and he started screaming at me and smashing the front room up This is one of the boys of my sister who has just separated from her BF after he cheated on her, apparently my nephews behaviour has gotten worse (Understandably i guess) but I didn't really know how to deal with it as well as ds1 shouting at all of them for being noisy, DD & DS2 were crying and Duke was being beaten up by a 3 month old kitten. Stress........! Never mind here's hoping for an easier week ahead (Yeah right :rotfl:)!

Oh one good bit of news, but meant spending money! I bought myself some perfume, one of my favourites as it was half price :T I had a huge bottle of it from a spending spree before LBM and DD used every single squirt on my carpet when she got hold of it. I will be hiding this bottle

cottage_retreatist

Hey DFW321!!!

Gosh it all sounds like it's going on for you - sending you big hugs :grouphug: It's good stuff this woman is finally giving you some of the money she owes you though - I hope she does get the 300 to you as soon as possible and the rest!

I fear I can't provide advice - got no children and no rentals but as a tenant for many years I can say she gives tenants a bad name :mad:

So wishing you all the best and hoping you get it all sorted - you managed to get debt free so I don't doubt you'll be able to get through this! :A

PS - men eh?!!! :eek: :D
must be something in the air? mine was groping me like we were in a Leicester night club earlier :rotfl::rotfl: - it was all I could do to bat him away!!! :rotfl::rotfl::rotfl: he's now back on call of duty so harmony has been restored!

take care, I'll drop in again
xx

debtfreewannabe321

cottage_retreatist wrote: »

PS - men eh?!!! :eek: :D
must be something in the air? mine was groping me like we were in a Leicester night club earlier :rotfl::rotfl: - it was all I could do to bat him away!!! :rotfl::rotfl::rotfl: he's now back on call of duty so harmony has been restored!

take care, I'll drop in again
xx

Does this only happen in Leicester night clubs then I will be sure to stay away from them then when DH gets home. After 6 weeks without me i'm sure he will drive me crazy (although not in the same way that channing tatum does :rotfl: hahaha only kidding Mr DF if you're reading :eek::rotfl:)

cottage_retreatist

debtfreewannabe321 wrote: »

Does this only happen in Leicester night clubs then I will be sure to stay away from them then when DH gets home. After 6 weeks without me i'm sure he will drive me crazy (although not in the same way that channing tatum does :rotfl: hahaha only kidding Mr DF if you're reading :eek::rotfl:)

hahahahaha! it's where i cut my teeth with the groping so to speak!!! :rotfl::rotfl::rotfl: despite that - from my experience of them in the early naughties i'd recommend staying away any time!!!! :eek::eek:

channing tatum eh? ryan gosling is my 'permitted fling' if you catch my drift!
for the OH - OMG!!! - it's Caprice!!! :eek::eek::eek::eek::eek:
Childhood fantasy 20 years too late?!!!

PS - thankfully he doesn't read on here so fingers crossed I'm safe!! :cool:
xx

Sun_Addict

Feel like I've missed out on something as all I've ever done in Leicester is shopped!

debtfreewannabe321

cottage_retreatist wrote: »

hahahahaha! it's where i cut my teeth with the groping so to speak!!! :rotfl::rotfl::rotfl: despite that - from my experience of them in the early naughties i'd recommend staying away any time!!!! :eek::eek:

channing tatum eh? ryan gosling is my 'permitted fling' if you catch my drift!
for the OH - OMG!!! - it's Caprice!!! :eek::eek::eek::eek::eek:
Childhood fantasy 20 years too late?!!!

PS - thankfully he doesn't read on here so fingers crossed I'm safe!! :cool:
xx

:rotfl::rotfl: So shall we just say to stay away from all nightclubs in the midlands :rotfl: I had my first experiences of those goings-ons in Lincolnshire so only just across the way!
Caprice...hmm at least she is old enough my dh would rather that whatsherface from Transformers (Megan Fox I just googled it for you ...!) she is barely older than my ds1 :eek::eek::eek::eek::eek: SO not impressed! *hmph*