Situation

[Geoff Clement]

Jerry, i hope your not too depressed about your situation, its brought back all sorts of memories to me, you really have my sympathy. what you have got to do is get geared up for a battle , first get a book on everyday law, the Daily Telegraph do one by Avina Golden, second , become a detective. find out where he lived before, check and see if he paid the utilities, gas , electric,if he didnt, and left oweing them then inform them of his whereabouts, ie your house, and they may well cut off supplies, check him out through county court records office in London, if he has any CCJs then use that against him by informing the people owed of his whereabouts , he is probably useing the Ltd company as a cover for his track record,you have got to find out more about the guy, it could be someone nasty is looking for him that he wouldnt want to meet,which will help you get him out, without you doing it, these shitbags go from one situation to another, its how they live, they have no conscience at all, they dont see you as a person just as a means of free accomodation. my guy was into all the local banks for loans,thats what they do, they use your address to procure loans and finance and then do a runner after six months or so,check out with the council to see if he owes any money , if you have got his mobile service provider then advise them where he is , get his vehicle reg and HPI it , if its on finance let them know where he is, the plan is to put him under lots of pressure that he doesnt want, if hes done this before he will have lots of stuff so dig it out. dont waste lots of money on solicitors, he wont take any notice, spend it on court summons instead, thats where your power will come from, he cant ignore the courts, get to talk with the neighbours, tell them of the situation and get them to act as your eyes and ears.People will help you and its good for morale.you can make his life uncomfortable in many ways and thats what you have to do.

 

[frenchuk]

I hear what you all say about the law and all that but I'll respectfully reply, bollocks to all that! Hotel bills? It's an office, not an habitation! Tenancy agreement? Sure, which states that they pay their rent... They brake the rules, you brake their leg, full stop :bang: I tell you what, they owe you money? Well, there are computers and all sorts of things in an office, so there you go! Rhino and Rob, I'll join you - convenient for me as I live in London! :beer:

 

[R2B2]

There has been a lot of bravado banded about here, but in the eyes of the law this arsehole has a tenancy agreement and any attempt to gain entry to the property is unlawful. you cannot win with this course of action. It will take longer to evict him and cost you a damn sight more in legal fees and fines. As unfair as it seems the legal course is the only way.

That's simply not true! It's actually the other way around! It will take months (in my case 19 ... read the story, - it's NOT made up) and cost several thousand pounds going thru the courts. Fact.

Of course it's unlawful to throw them out, I didn't say it wasn't, but the consequence of doing so is short lived. You seem to have forgotten already that I have been there, so I do know a bit about it. I could have lived with a conviction for unlawful eviction far easier than getting used to loosing my house and home, which was the consequence of letting the court handle it.

Although it might say in law that you would have to sell your property (in the most extreme of cases) in order to provide them with hotel accommodation, blah, blah, it is unlikely that you'll find a judge to impose such a penalty. Compare it to the maximum penalty of ?1000 fine for dropping litter - it aint gonna happen.

Bravado it's not. It's nothing to do with bravado. It would be to do with getting my house back before the court lost it for me!

There was a commercial landlord in another town near mine who regularly threw BAD tenants outs out. He would go in and similtaneously have a container delivered to put their stuff in, - protecting it from the elements to avoid a counterclaim. A small crowd of chaps did it all in minutes and he would wait there to be arrested. Pay his fine in the local magistrates court the following day and that was it done and dusted. He had his house back, the court had their fine in the till and the arsehole who created the situation was quite rightly stopped from living off the back of his landlord.

If you've not been in the dreadful situation yourself, then sorry, but you have no idea of what it's like and the lawful way seems the obvious and correct way to go, - in reality it's a fooking nightmare. I know!

 

[R2B2]

he cant ignore the courts

Yes they can. And they do. And a person experienced with this type of lifestyle WILL ignore the courts, (as my man did) in the knowledge that you will then have to apply for enforcement (and pay more fees up front)... which will then open up the next set of delay tactics for him to play. They can gain a few months more free accommodation this way.....

 

[Supabird1100]

Have to agree with Rob on this one......after reading his story, if that's what happens going by the book then I'll take my chances on the fringes of the law.

It has nowt to do with bravado or being a warrior.....it has everything to do with assisting a fellow forum member avoid the disaster that poor Rob endured.

What part of London is your house in Jerry ???? :dunno:

 

[Geoff Clement]

OK i give in.

OK you people, its up to Jerry, weve stated both sides of dealing with it, i had my experience and did it legally but i was at one stage prepared to do it illegally, i am very prepared to lend a hand whichever way is decided on, if you want help and your near London then count me in.

 

[Bob Pinder]

Unfortunately.............

History has always dictated that the matter be dealt with in my own way....................allegedly

99.9 times out of a 100 they are just taking the piss.................

 

[Codbasher]

Jeez, I myself have just gone through this, Property Management Co I use let a respectable young man into my Flat last year, mother was very nice signed as Guarentor (sp?) Within a couple of Months we found out he was dealing drugs, Class A, phoned the police who basicly did nothing, just watched him (Cos they were getting a dossier on users and supplyers I guess) I was unable to gain access for Flat inpections, despite giving written instructions for appt dates and times, he just bolted the doors, so we served him notice, in all fairness his mother paid the rent for the 6 months of his agreement, after 6 months, he stayed she stopped paying! I knew someone who knew some blokes c7u8 for a couple of hundred front door would be wrecked and Flat vacated, even bought a new door in readyness! Decided against that line of action as I knew the Police were still watching and did not want these guys busted. Decided to go the legal route, they wrote to evict him, it was ignored, applied again, in the meantime, the Police arrest him, for possesion, dont tell me, then release him, so back in he goes (Bear in mind I am not allowed to force my way into my own property, or use c7u8 )
I went around, he was in, so I told him through the letter box what I was going to do to him) shortly after he vacated and went to Chatham, where the Medway Police arreseted him and put him away (Sense at last) I got my Flat back, it was thrashed, damp up the walls ,heaters ripped off, piss and crap on the carpets, drug using utensils, blood on the walls etc etc, (any one wanna see the photos?? uke: ) I have spent most of my spare time the last 3 Months spending a fortune redecorating, no rent , means we are paying the mortgage, plus all the time etc it has cost me. His mother? we had to take her to court, for unpaid rent and the damage her son did, finally yesterday she paid the princely of ?1200, which at a guess is about 1/2 of the money I have lost, maybe not a lot to some, but a lot to me, I am going to sell the Flat now, never again will I rent out, sleepness nights etc, stress.

 

[RHINO]

ITS THEFT

When you think about it, if you alter a gas / electric meter you'll be charged, no pun intended, with 'Abstract Elec or Gas'
Well the same should work, the landlord/lady is supplying a service i.e. the roof over your head and inturn require payment,, payment is not made then it should be theft!!!! (it's not but should be)

Also if the letting agency WAS bogus as previously mentioned then there is NO contract to break.........simple.............go round break in the door with ya mates and sit tight.. Make sure you have PROOF of your legal hold on the address i.e. deeds, paperwork from purchase etc.
When/if the cops come you inform them of the BOGUS letting agency and its YOU who has the legal right to be in the property not MR Scumbag freeloader.

You'll find when it goes to court that the only thing you'll be hauled up for is a conviction for 'Violence to secure entry', quite menial compared to losing your flat.. Don't give the guy a slapping though,, assault charges carry custodial sentences. Best of luck. :beer:

 

[Nick Brett]

Rob
Yours is a very sad story, one that would destroy many people and I sympathise with you. I, personaly have suffered, but nowhere near the same extent. I have always managed to get bad tenants out within six months. What I meant by bravado is: It is everyones first reaction to say 'come on lets get a few guys and boot them out'. But when they hear, they are very likely to be arrested for tresspass and threatening behavior, they usually go cool on the idea.
As far as Jerry is concerned. I would say, talk to a solicitor, weigh up the pro's and con's and do what you feel is best.

 

[jerry993]

Update

Sorry for not getting back sooner, I have been having alot of trouble posting as the system will not let me log in.

Ok, The situation is the guy I have been dealing with is not in the house it is 5-6 of his staff, the more I think about it the more I think they are illegal refeguees. They are all of asian origin, a couple of low cost cars and strange commings and goings, there was a geezer outside last night on a bicycle just staring into the place ...........

I have stopped taking his calls so that he cannot play me off against the agent. He insists on calling me to tell me the money left his account, I checked with my bank this morning and nothing has arrived.

The agent is a fuckwit who I will sort out tomorrow, I have instructed him today unless he gets the 2 months outstanding rent today in cash to start formal eviction proceedings today.

We will have to play this card to see what his reply will be.

Thanks guys for the offer of assistance, I am in Wembley and may need it yet although I would not like to put anyone in danger personally or legally, a few guys in leathers and helmets might speed up the process, mainly on fear factor than actual contact.

If he does pay today ( i dont think he will ) I have oredred a property inspection next Sat. Either way I need in soon to access whats happening.

Thanks for all the advice, its all worth while guys.

 

[frenchuk]

I'm not far from Wembley (am in NW London) so don't hesitate to ask. To check a company status go to http://www.company-services.co.uk/ - best of luck. Nick I hear what you're saying about people having cold feet and all, but I think people here have a word and when they give it it's not lightly - well it's my case anyway and knowing personally few of the guys here I reckon it's their case too.

 

[derek kelly]

the more I think about it the more I think they are illegal refeguees. They are all of asian origin, a couple of low cost cars and strange commings and goings, there was a geezer outside last night on a bicycle just staring into the place ...........


Ok so ring the police ( or preferrably get someone else to) from a phone box (anonymously) give them the address, tell them that you think there are illegal immigrants living there and you think they may be terrorists you (or whoever rings) does not want to give their name for fear of reprisals.
Just a suggestion...... or the workings of a devious mind?

 

[gypsy]

try "crimestoppers" you may get a reward?


a devious and tight fisted mind?

 

[Quiney]

Don't know if this is of any help in your situation, (it's all down to the actual written contract)

These clauses are included in the contracts of the properties that Sandra lets out in this area.


This clause allow you entry, by your own key if necessary


4 The Property

4.3.10 Permit the Landlord and or his agents or others, after giving 24 hours written Notice and at reasonable hours of the daytime, to enter the Property:
4.3.10.1 to view the state and condition and to execute repairs and other works upon the Property or other properties.


This clause allows you to seek a court order to terminate and take possession.

3 Possession

3.1 Without prejudice to the other rights and remedies of the Landlord, the Landlord may seek to lawfully terminate the tenancy by obtaining a court order if:
3.1.1 the Rent or any part of it is in arrears whether formally demanded or not
3.1.2 the Tenant is in breach of any of the obligations under this agreement,
3.1.3 any of the Grounds of Schedule 2 of the Housing Act 1988 apply (these grounds allow the Landlord to seek possession of the Property in specified circumstances, including rent arrears, damage to the Property, nuisance and breach of a condition of the tenancy agreement),
3.1.4 a Notice is served under section 21 of the Housing Act 1988 (section 21 gives the Landlord a right to end an assured shorthold tenancy without any specific reason, though only after any fixed term has ended, or in operation of a break clause),


Best of luck

 

[Watchdog]

A bit far away.....

to help you "visit the property" mate, but if there is any way to help from a distance, by any method, give us a shout. As ex- Military and Police I've seen enough people shit on by arseholes - look after No.1 but cover your arse too! Seems like plenty of good lads here to help you out either way so already things are more positive it seems!

Hang in there mate and get back what belongs to ya!

 

[RHINOS_BIG_BROTH]

GOB SMACKED

VERY SORRY TO HEAR OF YOUR SITUATION but knowing one of the boys on here i would not sit in a house thats not mine if him and some of his mates were in there having a party as for the call to the police may be one of the forum guys knows a POLICEMAN in your area and for a back hander would pay a visit if they are ilegal they may just run off. SORRY MR policemen but back handers out here work fookin miracles especialy if they dont pay the rent the morocans hope you get it sorted GOOD LUCK

 

[R2B2]

Nick...

No offence taken mate. Thanks for your kind words...

 

[jerry993]

latest update

Ok The latest

I have phoned the company listed on the contract, they never heard of the guy,
I went to the address on the contract, its a council house with 10 Somalians in it,
The only number the agent has is a mobile,

After a heated face to face with the agent on Sat they think he is subletting the property.

They think he will pay today, The gardens of the house are now overgrown, the have mounted a satelite dish on the back wall, wires everywhere.
My old neighbour is a cop and were mates, he agrees that they might be illegal but dont think the police will listen.

Surely because of all the lies on the contract its no longer valid and there fore I can get them out quickly,

Thanks for all the usefull info onthis, there is no replacing experience,,,

 

[Quiney]

If you can prove....

that the bloke is sub letting and that it is written in the contract forbidding sub letting, you can terminate the contract right away.
Again it is all down to the wording of the contract.

Sandra (Mrs Quiney)