UK Landlord Forum / Life

Quote from: jpkeates on October 03, 2023, 09:35:23 AMInsulting me isn't going to change anything.

Gordy67 revealed his true nature at this point:

Quote from: Gordy67 on October 02, 2023, 01:24:59 PMNo one'd? Looks like no one'd could help with your spelling - I can see that would be far too challenging for you.

Realising that what people were saying to him was correct, but not wishing to acknowledge the fact, Gordy67 instead pounced on @jpkeates' slip of the finger from the 's' key onto the 'd' and responded with an ad hominem attack.

From there he was on a downward slope.


Gordy67, it doesn't matter to us how much of your time you waste by insulting people here. We can take it. We are not the ones with the problem.

When you finally give up arguing here, you will still have the issue of your tenants to deal with and you won't be able to sell your property until you get that resolved, which could take several months.

Best of luck to you.

Quote from: HandyManyou will still have the issue of your tenants to deal with and you won't be able to sell your property until you get that resolved, which could take several months.

What do you think are the chances of @Gordy67 getting a section 21 notice right first time?

Quote from: jpkeates on October 03, 2023, 10:17:43 AM

Quote from: HandyManyou will still have the issue of your tenants to deal with and you won't be able to sell your property until you get that resolved, which could take several months.

What do you think are the chances of @Gordy67 getting a section 21 notice right first time?

My god you must lead such an exciting life. Sitting about in your pants on a landlord forum trying to make people feel stupid for asking for some advice. Making in-jokes about s.21 notices.. hahaha. what a guy!

Thankfully a couple of people DID help with honest and practical advice (KTC). So I'm over and out, and leave you utter bozos to your pants and your section 21s, and your stupid schoolboy landlord tomfooleries...

Two lessons for me:

1) Don't be a landord - most of them are D8cks.
2) Don't use a landlordforum to get any useful, helpful advice.

Quote from: Gordy67 on October 03, 2023, 09:56:04 AMI do not wish to be a landlord ever again.

On balance this would appear to be a very good decision.

Quote from: Gordy67 on October 03, 2023, 10:52:32 AM2) Don't use a landlordforum to get any useful, helpful advice.

The advice given here by users on their own time was useful, helpful and - more importantly - correct. It seems that it just wasn't believed.

Alternatively, the advice that seems to have been valued is of the more pragmatic type - it may get the job done, but it isn't normal procedure. Some would only think of it as a last resort because they're not a fan of spaffing money up the wall.

Hi, I have an issue with a tenant who created a counterfeit tenancy. This tenant isn't the brightest because she accidently sent it to me and it's clearly written in handwriting not even similar to mine. I can only think that she created this to obtain more money from universal credit as I rented it her cheap as I knew her. She owes about 6 months rent and never pays on time so I want her out plus i want to move back into the property. Any ideas how to get the dishonest lady out from under my roof ? I was thinking section 8 but how would the fraudulent tenancy be worded and under what section. Thanks in advance Andy

@Aqbrum123

You have posted a reply in an existing thread from October 2023.

Please ask your question in a new topic.

I had to jump in because this was such a funny read.

Obviously you are ignorant of the law in the UK and although others have tried to explain it to you, it seems you were not ready to listen to their advice.

There are two forms of eviction, Section 8 is used if you have grounds, those grounds are here

https://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/#grounds

The alternative is the Section 21 process, which you have already started, but as your post is old that notice will have expired by now if not followed up with Court action.

Whether you like it or not, Section 5 of the Housing Act 1988 provides the Tenant with Security of Tenure, so if they remain in a property after it has expired a brand new Tenancy is created by that Act, which is called a Statutory Periodic Tenancy and it runs until it is properly terminated using the prescribed legal procedures.  To be clear, nobody with an AST can be evicted by force without a Court Order and even then only by Court Appointed Bailiffs.

You being precious about not wanting it is tough, you are an adult and entered into contracts that are bound by UK Law, this is no different to having to pay car tax if you drive a car or having to pass a test to drive a car or other vehicle. 

As you are ignorant of the law it might be a reasonable assumption that you did not comply with other laws, maybe you took a deposit and did not protect it in an authorised Government scheme, maybe you charged a prohibited payment, maybe you did not provide a Gas Safety Certificate, or an Energy Performance Certificate.  Maybe the property is an HMO and you did not get it licensed.  Maybe you failed to serve the Prescribed Information relating to the Deposit or perhaps failed to provide the Tenant with the Government produced How to Rent document. 

Any one of these would have made your S21 notice void and you would need to rectify, some of these also carry fines, the HMO License failure can result in a Rent Repayment Order of 12 months rent.  Electrical Testing is also a requirement and there are plenty of other legal issues, things like mould which is covered in the homes fitness for habitation Act (2018).  Then there are Fire regulations, repair obligations or Section 11 failures of Landlord and Tenant Act.

You can resolve this ignorance by visiting https://www.propertyinvestmentproject.co.uk/

Now if you do not want the rent can I suggest you take it but donate it to Crisis or Shelter.  Be aware this does not mean you no longer need to comply with the terms of the Tenancy or the Law.

If you had taken the advice, you would have moved to the next stage of the Eviction which is to file the claim in Court, providing the N5b form and the evidence it requires.  However, your post of Oct 3 2023 said you served your S21 notice 3 months before, so July 2023.  The S21 must be used within 4 months of expiry (September 2023), so the S21 you served in July became void in January 2024.

There is no shame in ignorance, we are all born ignorant, but ignorance does not excuse you from the plethora of fines you might be facing.

Now if you want to get rid of the Tenant you can use the Section 13 form to notify your Tenants of a Rent increase, it should be comparable to market rent for the size of the property in the same area.  If you put it too high they can refer it for review.

If they pay the new rent then it is deemed as accepted, so if you really don't want them to pay because of your moral issues you can increase the rent to £20,000 a month, they will not pay it and may send it to the FTT for review.  That will take up to six months, the Tenant will submit why they think a rent lower than proposed is fairer and the FTT will set a rent which becomes due from the one month minimum date of new rent you put on the S13 form.

If you do not want to be a Landlord you can sell it with sitting Tenants, or sell it to the Tenants themselves for £1 as you said you don't need the money.

Quote from: Gordy67 on October 03, 2023, 10:52:32 AM

Quote from: jpkeates on October 03, 2023, 10:17:43 AM

Quote from: HandyManyou will still have the issue of your tenants to deal with and you won't be able to sell your property until you get that resolved, which could take several months.

What do you think are the chances of @Gordy67 getting a section 21 notice right first time?

My god you must lead such an exciting life. Sitting about in your pants on a landlord forum trying to make people feel stupid for asking for some advice. Making in-jokes about s.21 notices.. hahaha. what a guy!

Thankfully a couple of people DID help with honest and practical advice (KTC). So I'm over and out, and leave you utter bozos to your pants and your section 21s, and your stupid schoolboy landlord tomfooleries...

Two lessons for me:

1) Don't be a landord - most of them are D8cks.
2) Don't use a landlordforum to get any useful, helpful advice.

Quote from: Gordy67 on October 02, 2023, 06:58:40 AM

Quote from: jpkeates on October 02, 2023, 06:45:23 AM

Quote from: Gordy67 on October 01, 2023, 07:55:15 PMHi heavykarmer.  I know what you mean but accepting the rent payment to me feels like accepting that it's ok for them to continue to occupy house? Does that make sense?

It doesn't make sense, because they're already perfectly OK to continue to occupy the house, so accepting rent can't make it more OK.

If you don't accept the rent they pay, they're likely to be entitled to keep anything you return to them, so don't do that!

Hi, and thanks! I do get that but I feel so principled about it that I don't care about the money.... that's not what I want.  It gives the perception that we have an ongoing agreement? They stay in my house and give me money for doing so.  Surely rejecting any transfer of money sends and confirms the message - there is absolutely no arrangement in place here, and I have full rights to evict?

Quote from: Gordy67 on October 01, 2023, 02:26:15 PMHi there,

Probably not a particularly new topic but having decided to not renew my tenants lease and giving them the legal notice period, they refuse to leave the property.  I'm unable to therefore market the property as intended as no agent will view and list with refusing-to-leave tenants. 
One query is that the tenant wants to keep paying me rent? I can't find any info what to do, as the principled person in me wishes to reject/not accept payment as that implies some kind of arrangement or agreement?  I have no agreement in place therefore I don't want the tenants money - it seems to be accepting any rent payment would send a message that I'm OK with them not leaving?
I can't find any information on this, therefore most grateful for views!

@Aqbrum123

I saw you did not make another post.

You did not say whether you created a Tenancy Agreement yourself that you both signed.

She might have shot herself in both feet.

If you did not use a Tenancy Agreement and just relied on verbal agreement then you can have some fun.

You can accept her Tenancy, perhaps as a confirmation of what rent was agreed verbally.

So you write her a letter before action, saying it has come to your attention that she has not been paying the full rent, when she has paid it was short of the amount due and was always late .  Work out the "arrears" and issue a Section 8.  You have both Mandatory and Discretionary grounds, use all that apply.

https://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/#grounds

Now she will go nuts as you might expect, your response is, "We can agree to settle all legal matters between us if you leave of your own volition within 30 days, otherwise I am filing the claim.  The agreement should be that all arrears are paid in full, but if she leaves within 30 days you will give her a discount.

A casual remark of saying that as she now has more than six weeks of arrears you will be contacting Job Centre Plus DWP to get the rent paid directly to you. This should give her the incentive to get the hell out of Dodge.

Make sure you base your claim of arrears on the amount she put in her fraudulent Tenancy Agreement.

She will be snookered, she can't say that the rent agreed was lower than what she wrote in her own writing or the DWP will prosecute her for fraud.

Now if you took a deposit and did not protect it do expect her to come after you but you can settle that as part of your agreement to settle all legal matters between the parties relating to the rental of the property.

Quote from: Aqbrum123 on January 23, 2024, 09:21:32 PMHi, I have an issue with a tenant who created a counterfeit tenancy. This tenant isn't the brightest because she accidently sent it to me and it's clearly written in handwriting not even similar to mine.

I can only think that she created this to obtain more money from universal credit as I rented it her cheap as I knew her.

She owes about 6 months rent and never pays on time so I want her out plus i want to move back into the property.

Any ideas how to get the dishonest lady out from under my roof ? I was thinking section 8 but how would the fraudulent tenancy be worded and under what section. Thanks in advance Andy