I must tell you this story, sad but true ….
I have a property that is advertised in the local paper, and had block viewing arranged for Saturday afternoon. I do the block viewings thing when I have a property to let that is some distance away from me. That way, the trip is worth doing.
On the way to the property for the viewings, I got a call on the mobile, which I couldn’t take, and as the dial code was that of my destination area, called the number back a few minutes later. It turns out to be a woman who wanted more information about the property. Anyway, she asked various questions, you know, the usual how big are the bedrooms, is it double glazed, gardens, features, décor etc. Then she suddenly, she says, “I’m not interested in your property. You private landlords are all the same, I’ve spent all morning on calling and its costing me so much money just to call you, and I don’t want to view the house” and put the phone down on me. Ironic isn’t it? I was the one who was paying for that particular call, but that was lost on her.
Not quite ten minutes later, she rings me again, this time on her mobile. I answered the call and the first sentence was “can I come and view the property?” I was stunned for a few seconds, then suddenly recognised the voice and realised it was the woman who’d just put the phone down on me, and so I calmly answered “of course you can, I’m on my way there now, so just drop in anytime between 12noon and 1pm”, gave her the house number and she assured me she’d be there, and the conversation ended with “see you there then”.
Imagine my surprise then when at about 12.30pm, a text message comes through on the mobile, and on checking it found this:
“Sorry i dont wish to view your property i have gone through phycotic landlords after viewing there property and the alligations are completely out of character its a complete waste of time infact the journal will be notified on how you all pay for the advert and how you speak to us im not that desperate and really i dont wish to view anybodys property speak or give any of my details to you or anyone ever again u landlords push for money which you are nice then then u give every effort to whind or upset the person thats just paying or wanting to live and pay and look after your property as you may do im not the one thats neglected youR House or houses as landlords its the way u treat us now ask yourself why ur propertys are empty after so many months of basically being treated by you all like basic crap but thats just the town its not the phoning the trip down to the bank of your nasty small print”
I kid you not. Obviously this person has never heard of punctuations, capital letters, proper sentences – even if its text-speak!! If anyone can make sense of this unprovoked diatribe, I should be pleased to hear it.
What a nutcase. She never did tell me her name, nor did I ask. No one forced her to respond to the advert in the first place! And to have a go at someone like that, without any justification, really takes the biscuit. I’m glad she’s not my tenant, and I do sympathise with whomever her current landlord is.
The viewings went well, and I now have an applicant who filled in the application form and put down a holding deposit there and then. I am now carrying out the necessary referencing checks, and so far so good.
And whilst on the topic of potential tenants, why is it that when these people view, and you can tell by their response the property is not for them, they still say to you “thank you, we’ll call you and let you know”. Why not just thank the person conducting the viewing for their time, say its not the right property, and be done with it. It is lying, even if they don’t see it as such. Its become such a normal action that people don’t even think about it, do they?
Landlords, be careful – there are some nutcases out there disguised as potential tenants. Keep them as potentials, rather than actuals and your life will be a lot easier.
Thursday 14 January 2010
Monday 11 January 2010
Tenant Shenanigans to postpone eviction
Continuing the saga of my tenant Mrs F, who is due to be evicted on Thursday ... I was just about to call the police to arrange for assistance on an if-needed basis, when the phone rang. It was the solicitors acting for Mrs F. They claimed that she would be moving out, but the property she was moving into was not ready, and asked if I could give her another week before moving. My response was a swift and unequivocal, NO. The solicitor tried again, and put the question slighlty diferently, and the answer was still No, this time I explained that her client, my soon to be ex-tenant, had completely used up all the goodwill that was available to her, and I was not prepared to suffer another week of no rental income. Eventually, solicitor rang off, and I put down the phone, relieved that I had not lost my temper.
The cheek of it! This is the same tactic that this tenant had used all along - promise to pay tomorrow, next week, the following week, next month ...... endless. Give her due credit for trying though! Tenacious in her duplicity. With no proof of where she was moving to, what state the place was in, nothing at all, the solicitor expected me to give Mrs F leave to remain past the eviction date!! And these are solicitors for goodness sake, who are supposed to be versed in housing law??Maybe they are not. Whatever!
No, I've had enough of being mucked about by Mrs F. Enough is enough. Roll on Thursday.
The cheek of it! This is the same tactic that this tenant had used all along - promise to pay tomorrow, next week, the following week, next month ...... endless. Give her due credit for trying though! Tenacious in her duplicity. With no proof of where she was moving to, what state the place was in, nothing at all, the solicitor expected me to give Mrs F leave to remain past the eviction date!! And these are solicitors for goodness sake, who are supposed to be versed in housing law??Maybe they are not. Whatever!
No, I've had enough of being mucked about by Mrs F. Enough is enough. Roll on Thursday.
Wednesday 6 January 2010
LHA - Guidance ammended on Direct Payment to Landlords
We are winning, we are winning!!
As you all know, for our tenants that claim LHA, we have to wait until they were actually over 8 weeks in arrears - including time served - as they used to say in the council. This meant usually a 3 month arrears situation for most landlords.
You may also recall that there was a Tribunal ruling in Oct 2009, where the Judge ruled against Coventry Council and stated that the guidance to local authorities that rent was not in arrears until the time had been served was wrong. Landmark ruling, which seems to have turned things around.
This is the statement the Judge made at the time:
The government seems to have taken heed of that ruling - Hallelujah!! Sanity has finally prevailed.
The Department of Work and Pensions now agrees that, when a tenant has already skipped payment of one month’s rent, the landlord can claim the arrears on the day after the second monthly payment is missed.
The DWP issued a revised Guidance Manual in Dec09, and the guidance manual now states: "
4.41 Rent is in arrears once the date it is due to be paid has passed regardless of whether it is due to be paid in advance or in arrears.
then goes on to give two examples.
Example 1: Rent paid monthly in advance
John is due to pay his rent monthly in advance on the first day of the month. He pays rent on 1st August but loses his job on 28th August. He claims HB on 28th August 2009. His rent is due on 1st September but he fails to pay his rent on that day.
The local authority decides to pay his HB two weekly in arrears and makes two payments equivalent to four weeks rent during September. The tenant does not pass any of his benefit to his landlord.
He fails to pay another month’s rent when it is due on 1st October. On the 2nd October he is in arrears by two months’ rent. The landlord advises the local authority. The authority should make payments direct to the landlord from that point.
Example 2: Rent paid weekly in advance
Suki pays her rent weekly in advance but gets into difficulty when she stops work. She claims HB on 30th October 2009 and fails to pay her rent on the 2nd and the 9th November.
She gets her first fortnightly payment of HB in week commencing 16th November but
fails to pay any rent to her landlord. The local authority is unaware of the situation until the landlord contacts them on 22nd December to say that she has missed eight weeks’ payments.
The local authority makes direct payments to the landlord from that date.
The guidance also says that:
So folks, don't let the Ts get away with any more than they have to.
As you all know, for our tenants that claim LHA, we have to wait until they were actually over 8 weeks in arrears - including time served - as they used to say in the council. This meant usually a 3 month arrears situation for most landlords.
You may also recall that there was a Tribunal ruling in Oct 2009, where the Judge ruled against Coventry Council and stated that the guidance to local authorities that rent was not in arrears until the time had been served was wrong. Landmark ruling, which seems to have turned things around.
This is the statement the Judge made at the time:
Rent is in arrears once the contractual date for payment has passed irrespective of whether rent is due in advance or in arrear. Regulation 95 of the 2006 Regulations refers to a liability to pay rent and the liability in this case is to pay rent in advance
Thanks Judge CJ Jones, for bringing sanity into back into the matter. The government seems to have taken heed of that ruling - Hallelujah!! Sanity has finally prevailed.
The Department of Work and Pensions now agrees that, when a tenant has already skipped payment of one month’s rent, the landlord can claim the arrears on the day after the second monthly payment is missed.
The DWP issued a revised Guidance Manual in Dec09, and the guidance manual now states: "
4.40 If the tenant builds up rent arrears of eight weeks or more, the landlord may commence action to evict them. Once arrears have reached eight weeks, you will be required to make direct payments to the landlord under the general provisions in Regulation 95 (1)(b) unless it is in the overriding interests of the claimant not to do so (see Fit and proper test earlier in this chapter).
4.41 Rent is in arrears once the date it is due to be paid has passed regardless of whether it is due to be paid in advance or in arrears.
then goes on to give two examples.
Example 1: Rent paid monthly in advance
John is due to pay his rent monthly in advance on the first day of the month. He pays rent on 1st August but loses his job on 28th August. He claims HB on 28th August 2009. His rent is due on 1st September but he fails to pay his rent on that day.
The local authority decides to pay his HB two weekly in arrears and makes two payments equivalent to four weeks rent during September. The tenant does not pass any of his benefit to his landlord.
He fails to pay another month’s rent when it is due on 1st October. On the 2nd October he is in arrears by two months’ rent. The landlord advises the local authority. The authority should make payments direct to the landlord from that point.
Example 2: Rent paid weekly in advance
Suki pays her rent weekly in advance but gets into difficulty when she stops work. She claims HB on 30th October 2009 and fails to pay her rent on the 2nd and the 9th November.
She gets her first fortnightly payment of HB in week commencing 16th November but
fails to pay any rent to her landlord. The local authority is unaware of the situation until the landlord contacts them on 22nd December to say that she has missed eight weeks’ payments.
The local authority makes direct payments to the landlord from that date.
The guidance also says that:
4.42 In both these examples the local authority must pay the HB to the landlord because the tenant is in arrears by eight weeks unless it is in the tenant’s overriding interests not to do so. However,if the local authority becomes aware that the tenant is failing to pay their rent before eight weeks worth of payments have been missed it should consider direct payment under the safeguards. Additionally, if there is already a history of non-payment it would be prudent to make direct payments to the landlord for a maximum period of eight weeks while a decision is being reached.
So folks, don't let the Ts get away with any more than they have to.
Monday 4 January 2010
First Tenant Eviction of 2010
Whilst its not the sort of thing to start the new year with, it is never-the-less quite appropriate. A bit of "out with the old and in with the new" theme-if you see what I mean. Did anyone listen to Jeremy Vine show on 24-12-09? It was based on that theme... good show Jeremy!
Anyway, the ongoing case with my errant tenant Mrs F, seems to be coming to its inevitable conclusion. During the lull between christmas and new year, a white envelope dropped in to my letter box postmarked from one of the county courts in Lincolnshire. That stumped me a bit, cos I wasn't expecting any missives from that particular court. It turns out however to be the Notice of Appointment, for the Bailliff to evict Mrs F, who lives in another Lincs town some 20 odd miles away-whose story you already know. The court hearing had taken place in a different court some 15 miles from where the property is located. Are you confused? yeah, so was I. It would seem that the property is located in a town that does not have its own county court, and sits nearly half way between two other towns that do and happen to have county courts that are part of the same circuit. OK. enough of that...
So, having opened the envelope, a bit warily, and finding the Notice of Appointment, the whoop of delight I gave could be heard 50 miles away. 14th January 2010 is the day its all going to happen. I like to think that perhaps my call to the first court's Bailiff office had had some impact and someone decided to do something positive. All I can say is that it was a welcome, if belated, christmas present-thank you. I duly filled in the reply slip, but waited till today to send it. Why?
I figured that having been helped along the way by no-win-no-fee scumbag solicitors who advised my client to ignore the possession order, it is possible we might have problems when the Bailiff attends. I can just imagine Mrs F sitting in and saying "I'm not going. You are going to have to carry me out of here". So first thing this morning, I called the Bailiff's office at the first court and spoke to the Manager. She was quite helpful and said she would inform the actual Bailiff who would be attending the eviction. And she did! Not quite an hour afterwards, I got a call from the attending Bailiff - from the other court - and we had a chat about my concerns and what preventative measures to put in place. And that would involve the Police!!
Sad really. But a necessary step. This year, I will not be taking any prisoners .. so to speak. So, I start as I intend to carry on. Get rid of the old and bring in the new.
Watch out! Grumpy is on the war path........
Anyway, the ongoing case with my errant tenant Mrs F, seems to be coming to its inevitable conclusion. During the lull between christmas and new year, a white envelope dropped in to my letter box postmarked from one of the county courts in Lincolnshire. That stumped me a bit, cos I wasn't expecting any missives from that particular court. It turns out however to be the Notice of Appointment, for the Bailliff to evict Mrs F, who lives in another Lincs town some 20 odd miles away-whose story you already know. The court hearing had taken place in a different court some 15 miles from where the property is located. Are you confused? yeah, so was I. It would seem that the property is located in a town that does not have its own county court, and sits nearly half way between two other towns that do and happen to have county courts that are part of the same circuit. OK. enough of that...
So, having opened the envelope, a bit warily, and finding the Notice of Appointment, the whoop of delight I gave could be heard 50 miles away. 14th January 2010 is the day its all going to happen. I like to think that perhaps my call to the first court's Bailiff office had had some impact and someone decided to do something positive. All I can say is that it was a welcome, if belated, christmas present-thank you. I duly filled in the reply slip, but waited till today to send it. Why?
I figured that having been helped along the way by no-win-no-fee scumbag solicitors who advised my client to ignore the possession order, it is possible we might have problems when the Bailiff attends. I can just imagine Mrs F sitting in and saying "I'm not going. You are going to have to carry me out of here". So first thing this morning, I called the Bailiff's office at the first court and spoke to the Manager. She was quite helpful and said she would inform the actual Bailiff who would be attending the eviction. And she did! Not quite an hour afterwards, I got a call from the attending Bailiff - from the other court - and we had a chat about my concerns and what preventative measures to put in place. And that would involve the Police!!
Sad really. But a necessary step. This year, I will not be taking any prisoners .. so to speak. So, I start as I intend to carry on. Get rid of the old and bring in the new.
Watch out! Grumpy is on the war path........
Happy New Year
Well, 2009 has now well and truly departed, and we are now 4 full days into 2010.
Welcome 2010! I really hope that you will prove to be more accomodating than your predecessor was.
Oh, don't get me wrong, 2009 was full of opportunities and challenges, highs and lows ( maybe more lows than highs), tears and laughter, joy and sadness, losses and gains. Quite a rollercoaster, I'd say. When all is said and done, good ol' Grumpy is glad to see the back of 2009.
The agenda for you, 2010, promises to be just as varied, and hopefully more fun.
To all Landlords, have a cracking year and may your portfolios be fruitful.
To all Tenants, give your landlords a stress-free year. Pay your rents on time and keep the properties well, and I'm certain you will have a cracking year too.
When all is said and done, it takes two to tango - dunnit??
Welcome 2010! I really hope that you will prove to be more accomodating than your predecessor was.
Oh, don't get me wrong, 2009 was full of opportunities and challenges, highs and lows ( maybe more lows than highs), tears and laughter, joy and sadness, losses and gains. Quite a rollercoaster, I'd say. When all is said and done, good ol' Grumpy is glad to see the back of 2009.
The agenda for you, 2010, promises to be just as varied, and hopefully more fun.
To all Landlords, have a cracking year and may your portfolios be fruitful.
To all Tenants, give your landlords a stress-free year. Pay your rents on time and keep the properties well, and I'm certain you will have a cracking year too.
When all is said and done, it takes two to tango - dunnit??
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