Much needed advise and help needed

[PlanB]

Re: Much needed advise and help needed

Can you start a new thread on your Endeavour loan mentioned in your PM to keep everything separate. Is that one a secured loan?

[Shadowfax]

Re: Much needed advise and help needed

Can you start a new thread on your Endeavour loan mentioned in your PM to keep everything separate. Is that one a secured loan?

Yes it is plan b xx

[Shadowfax]

Re: Much needed advise and help needed

Plan B because their is a secured loan on the house-Endeavour Plc the house is in negative equity I will start an Endeavour thread and also try and summaries events and amounts to help you make sense of it all


Also is their anyone on the forum that is good with figures that could help me make sense of all this financial statement lark?


Re-tenants according to HL they will re-issue on the 2.11.2013 which doesn't give us long. I have called at the house to no avail, tried to ring and sent several text messages as this is how tenant contacted me before all this but was ignored


The rent was for £500 per month, payable on the 20th of each month. Only 1 payment has been made upon giving keys to tenant and they have been in the property now since June
we are worried that they will leave on the date of the warrant being issued and not let us check the property leaving us with further fees by lender for repairs. Should we send a letter first to the tenants? And could you help me compose the wording?

[Shadowfax]

Re: Much needed advise and help needed

No secured deposit was paid or required as I didn't no how I went about the secured tenants bond scheme so didn't ask for one

[PlanB]

Re: Much needed advise and help needed

because their is a secured loan on the house-Endeavour Plc the house is in negative equity I will start an Endeavour thread and also try and summaries events and amounts to help you make sense of it all

Can you tell me roughly (ball park figure is fine) how much is outstanding on the Endeavour secured loan? We may be able to deal with that issue on this thread depending on your answer

[PlanB]

Re: Much needed advise and help needed

No secured deposit was paid or required as I didn't no how I went about the secured tenants bond scheme so didn't ask for one

How did you source these tenants? Was it through a letting agent or did you put a 'small ad' in your local paper so dealt with the tenancy start-up yourself etc? It would help to know who was responsible for checking out the tenants' references etc. And whether you were advised not to take a deposit and so on.

[PlanB]

Re: Much needed advise and help needed

Also is their anyone on the forum that is good with figures that could help me make sense of all this financial statement lark?

Possibly. But according to this post on your other thread you wore out Niddy

http://forums.all-about-debt.co.uk/s...l=1#post349381

[PlanB]

Re: Much needed advise and help needed

Re-tenants according to HL they will re-issue on the 2.11.2013 which doesn't give us long.

That's loads of time

But here's the deal. Only answer each post I make one at a time. Please don't mix it all up otherwise my pea brain can't handle it

[Shadowfax]

Re: Much needed advise and help needed

That's loads of time

But here's the deal. Only answer each post I make one at a time. Please don't mix it all up otherwise my pea brain can't handle it

I think my pee brain has given up the goat and left the building! To be honest I hear what you are saying as we need to get down to the bare facts and I really am not helping one bit, as I think like you have said in a previous post that this situation had become some what emotional. Plan B? Given that I broke Niddy and already confusing the hell out of you, honestly would I be better to let the whole matter go? I don't want to waist any one's time but having been trying to get some resolve from this entire ordeal for such a long time to no avail, I guess I have little faith left and if you think I am flogging a dead horse then I will let this matter go and let them finish me off .

[PlanB]

Re: Much needed advise and help needed

would I be better to let the whole matter go? I don't want to waist any one's time but having been trying to get some resolve from this entire ordeal for such a long time to no avail, I guess I have little faith left and if you think I am flogging a dead horse then I will let this matter go and let them finish me off .

No one is going to be allowed to finish you off. That's not going to happen on my watch.

Even if the property is repossessed and sold at auction that doesn't mean you lose your legal right not to be overcharged by the lender and you can still pursue that afterwards for up to six years. However, if the property is in negative equity and has a shortfall when sold then any money you recover in principle would be offset against the outstanding balance (unless it was mis-sold PPI where you may get a direct payment).

You say the property is in negative equity (how much is the Endeavour loan?) in which case I can't see any reason for you to carry on with this torture. But do not let the lender take it from you and sell it cheap at auction because you will still be chased for the shortfall for up to 12 years. You need to look at damage limitation now. If you sell the property yourself you will get a higher price and therefore have a lessor debt afterwards.

If it was me I'd put the house on the market today and inform the lender what you've done and ask them for two months to sell it. Send them the estate agent's details/prospectus/sales blurb as evidence that you are getting on with things. This will also give you a benchmark to use as evidence if the lender does sell it cheap. You will be able to prove it was worth more.

I'll be back to tell you how to claim the rent owed to you by your rogue tenants. Any money you get from them will go straight into your pocket and not Santanders so that's something to look forward to. The tenants owe money to you not to your lender

[PlanB]

Re: Much needed advise and help needed

The rent was for £500 per month, payable on the 20th of each month. Only 1 payment has been made upon giving keys to tenant and they have been in the property now since June
we are worried that they will leave on the date of the warrant being issued and not let us check the property leaving us with further fees by lender for repairs. Should we send a letter first to the tenants? And could you help me compose the wording?

I've only just seen your tenants' rent due date is the 20th of the month which means if you were to issue a Notice to Quit for rent arrears you have to do this by tomorrow. If you miss the deadline then your Notice won't kick in until the following month which means the earliest end date of the tenancy agreement will be 20th January 2014. The fixed term AST ends on 20th December which is before that date anyway.

This would only matter if you were using possession proceedings as a way to get a money judgment (a court order for those rent arrears under section 8) at the same time as getting your property back from them (under section 21). You still have the option to pursue your tenants through the country court for the rent owed even after they have left (voluntarily) or been evicted by your lender on 2nd November. You would make a claim using MCOL.

But, and it's a big BUT although you can sue them for breach of contract (non-payment of rent as defined in the AST) they too could counterclaim for damages based on your breach of contract. You gave them possession of the property for six months in June. They will now be evicted on 2nd November due to your non-payment of your mortgage. This means the Landlord has not fulfilled his legal obligations under the terms on the rental contract.

The tenants could argue that this has caused them a financial loss including things such as removal costs, letting agent fees etc. I expect the court would listen to them because you already had a suspended possession order on the property when you signed the tenancy agreement suggesting that you were fully aware of the risk to the tenants if you defaulted on your mortgage payments. They might also bring up the issue of you not having permission from your lender to let the property. Most tenancy agreements have a clause which says the Landlord covenants he has permission to let from the lender. Some agents ask to see evidence from the lender specifically to avoid tenants finding themselves being evicted by a third party.

So it'll be about the Maths (it always is). The tenants owe you rent from 20th July to November 2nd (you say they paid the first month of June). So they owe you £1,500 as of tomorrow plus whatever is owed after that until eviction day which is another £230.76. The total owed will be £1,730.77.

Send them a Letter Before Action by recorded delivery, and also deliver a copy by hand through the letterbox with a digital photo as evidence (since you live nearby). Tell them (a) that they owe you £1,500 under the terms of the tenancy agreement dated 20th June 2013 and they have not paid it so they are in breach of the terms of the contract (b) you expect them to pay the sum owed in full into your bank account (give sort code and account number) by 4pm on Friday 1st November, and (c) if they fail to make payment you will commence legal proceedings against them in the county court to recover the money owed without further reference to them.

Do you have contact details for them if they do a moonlight flit? If not here is a business who will trace them for you on a No Trace No Fee basis. I would definitely not let the bastards get away with this.

http://www.findermonkey.co.uk/tenant-tracing

[Shadowfax]

Re: Much needed advise and help needed

Plan B you are a breath of fresh air! Thank you so very much for this I will set out my letter tonight and have it posted Tomoz. I am still working threw your questions. All being well I will be able to give you some responses by the end of the weekend xx

[PlanB]

Re: Much needed advise and help needed

I will set out my letter tonight and have it posted Tomoz.

I've given this a bit more thought and I think you should also send a Section 21 Notice letter in the same envelope as your Letter Before Action. The Section 21 Notice states your intention to take back possession of your property on a specific date. When that notice expires you can apply to the court for possession of the house, and after that if the tenants don't vacate you can get an Eviction Warrant from the court.

This Section 21 Notice has to be served on the *rent due date* which you say is the 20th of the month i.e. today. "Served" means the tenants must receive it on the 20th of the month or before. So if you are going to the property today then that would be brilliant because you can date the Notice 20th October and seek possession on 20th December. If you can't do that today then still complete the form dated 20th October but put it in the post and hand deliver tomorrow (today would be perfect though). This means the Section 21 Notice won't be valid but your tenants probably won't know that and it may spook them into paying up. If you still need to get rid of them after 2nd November (when you say the lender will evict them but thus may not happen) you will need to send them another Section 21 Notice dated 20th November seeking possession on 20th January 2014. I'm basing these dates on what you told me was on the AST which commenced on 20th June.

The reason this is wise is because if you proceed to court to claim those rent arrears after they've gone, you will be able to show that they were due to be evicted for rent issues anyway and not because your lender repossessed the property. This could help to thwart any counterclaim from them in future.

You can complete the Section 21 Form and download it for free from this website:

http://www.lawdepot.co.uk/contracts/...FfMQtAodc34AHA

[PlanB]

Re: Much needed advise and help needed

Re-tenants according to HL they will re-issue on the 2.11.2013 . . . .

Don't worry about answering my previous questions because I'm beginning to get the full picture. I'll ask a few new ones in separate posts to keep it simple for both our sakes

What will the solicitor HL Legal "re-issue" on 2nd November?

Do you mean HL will make a new application to the court for an Eviction Warrant on 2nd November which (when granted) will give the date the bailiffs will attend the property to remove the tenants and change the locks? This process will take a few weeks.

Or do you mean the county court bailiffs will attend the property on 2nd November to remove the tenants and change the locks?

The answer to this question is vital, because if HL are only making an application for an Eviction Warrant you will have the right to defend it, as you did once successfully before.

[Never-In-Doubt]

Re: Much needed advise and help needed

Plan B you are a breath of fresh air!

isn't she just