Any Landlords could give me some advice on evicting tennants?...
06 August 2006, 02:12 PM
#31
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If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable.
The hierarchy of liability in England is:
If only one person lives in a property they will be the liable person. If more than one person lives there, a system called the hierarchy of liability is used to work out who is the liable person. The person at the top, or nearest to the top, of the hierarchy is the liable person. Two people at the same point of the hierarchy will both be liable.
The hierarchy of liability in England is:
- a resident who lives in the property and who owns the freehold
- a resident who lives in the property and who has a lease or who is an assured or an assured shorthold tenant
- a resident who lives in the property and who is a protected, statutory or a secure tenant
- a resident who lives in the property and who is a licensee. This means that they are not a tenant, but have permission to stay there
- any resident living in the property, for example, a squatter
- an owner of the property who does not live there.
- a resident who owns all or part of the dwelling
- a resident who is a tenant of all or part of the dwelling
- a resident who is a statutory, statutory assured, or secure tenant of all or part of the dwelling
- a resident who is a sub-tenant of all or part of the dwelling
- a resident with no security of tenure
- a non-resident owner of any part of the dwelling unless there is a non- resident tenant or sub-tenant who has a lease (or sub-lease) of six months or more.
06 August 2006, 02:15 PM
#32
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..but surely this hierarchy of liability is to decide who pays council tax in the first instance. Once that decision is made, liability lies with that decision.
I am not liable for council tax of my tenants, fact. Same goes for arrears.
I am not liable for council tax of my tenants, fact. Same goes for arrears.
Last edited by imlach; 06 August 2006 at 02:18 PM.
06 August 2006, 02:29 PM
#33
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Originally Posted by imlach
..but surely this hierarchy of liability is to decide who pays council tax in the first instance. Once that decision is made, liability lies with that decision.
All I do know is what I have been told by a well qualified and highly experienced property consultant, which is that local government legislation is such that they can, in the event of accumulating CT arrears, find the property owner liable and persue them through the courts to recover the debt if the tenants fail to pay up. He told me that he had seen many instances of this happening in the past.
Bound to be different rules in Scottish law of course.
06 August 2006, 02:32 PM
#34
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Originally Posted by unclebuck
Got any evidence? I'd love to see it.
I truly believe this "consultant" is wrong....either that or he's referring to houses of multiple occupation type (ie, bedsits etc) situations where the landlord can sometimes be liable.
Last edited by imlach; 06 August 2006 at 02:38 PM.
06 August 2006, 02:37 PM
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I have had this problem many times haveing houses in Oxford...land of the studient!!
Just as below, give them one warning and if no joy then one night go in wearing masks and a sorn off or a samuri sword and see them run out like little fish....aww bless them
......I remember one lot of tenants did not even take there stuff and i had to throw it out cos they would not enter the property again..
Just as below, give them one warning and if no joy then one night go in wearing masks and a sorn off or a samuri sword and see them run out like little fish....aww bless them
......I remember one lot of tenants did not even take there stuff and i had to throw it out cos they would not enter the property again..
06 August 2006, 02:48 PM
#36
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Originally Posted by imlach
To quote yourself.....well, have you?
.
.
Nothing to do with HMOs btw just straightforward property lets.
06 August 2006, 02:58 PM
#38
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Originally Posted by imlach
So, no proof eh 
Come back when you have some
Come back when you have some
Some small time 'landlord' with barely any experience on the other hand... well... it's a no brainer really.
06 August 2006, 05:27 PM
#40
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Originally Posted by unclebuck
What proof are you after? Proof that the consultant has really had experience of landlords getting chased for tenants council tax? Or that he actually said what he said? I could supply proof of the latter (in video form) if you don't believe me - and I don't believe he was either mistaken or a liar.
06 August 2006, 07:42 PM
#41
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Originally Posted by imlach
I meant REAL proof in written form from either a council or the law which would prove your point. Not some hearsay from some jumped up property "consultant" who probably has no qualifications in anything related to the subject.
Antway, I'll leave you to wallow around in your world of ignorance and superstition whilst I deal with professionals that have a clue what they're talking about instead of listening the 'advice' of some weird lamer on the internet who thinks he knows it all.
06 August 2006, 07:58 PM
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Originally Posted by vava voom
I have had this problem many times haveing houses in Oxford...land of the studient!!
Just as below, give them one warning and if no joy then one night go in wearing masks and a sorn off or a samuri sword and see them run out like little fish....aww bless them
Just as below, give them one warning and if no joy then one night go in wearing masks and a sorn off or a samuri sword and see them run out like little fish....aww bless them
LMAO
06 August 2006, 08:05 PM
#44
Originally Posted by unclebuck
Theres's clearly only one person who's behaving in a 'jumped up' way around here, and here's a clue - it's not me
Antway, I'll leave you to wallow around in your world of ignorance and superstition whilst I deal with professionals that have a clue what they're talking about instead of listening the 'advice' of some weird lamer on the internet who thinks he knows it all.
Antway, I'll leave you to wallow around in your world of ignorance and superstition whilst I deal with professionals that have a clue what they're talking about instead of listening the 'advice' of some weird lamer on the internet who thinks he knows it all.
http://www.sheffield.gov.uk/your-cit...-for-landlords
06 August 2006, 08:34 PM
#45
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Originally Posted by unclebuck
Antway, I'll leave you to wallow around in your world of ignorance and superstition whilst I deal with professionals that have a clue what they're talking about instead of listening the 'advice' of some weird lamer on the internet who thinks he knows it all.
Perhaps stick to subjects you know about
As for wierd lamers, pot calling kettle black methinks. Everyone on here thinks so
06 August 2006, 09:19 PM
#46
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Originally Posted by imlach
Perhaps stick to subjects you know about
You don't know 'jack ****' on this subject, so don't try to bullsh*t me 
06 August 2006, 09:22 PM
#47
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Originally Posted by KiwiGTI
06 August 2006, 09:52 PM
#48
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Originally Posted by unclebuck
Like you claim to? You don't know 'jack ****' on this subject, so don't try to bullsh*t me
You don't know 'jack ****' on this subject, so don't try to bullsh*t me
06 August 2006, 09:56 PM
#49
Originally Posted by unclebuck
Doesn't shed any more light than any of the other links sadly. Still there seem to be plenty of really clued up experts on here who's superb advice is free and 100% reliable. Stick with them and you should do just fine.
http://www.communities.gov.uk/index.asp?id=1151897
06 August 2006, 10:02 PM
#50
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Originally Posted by KiwiGTI
You'd have to be a complete idiot not to understand where council tax liability falls.
06 August 2006, 10:12 PM
#52
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Originally Posted by KiwiGTI
Well apart from finding the specific legislation document that's all there is to go by.
That's a page on a website dumbass you are funny. 
The point is this - all these government websites tell you how it works when it all goes right - in an ideal world. None of them deal with what happens when it all goes wrong, that's what I'm talking about.
Last edited by unclebuck; 06 August 2006 at 10:23 PM.
06 August 2006, 10:17 PM
#53
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Originally Posted by imlach
...and look....we have a local village idiot parading around here who just won't listen and understand that the landlord is NOT liable
Nice try try harder... you're still wrong
06 August 2006, 10:21 PM
#54
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Originally Posted by TimmyboyWRX
im not sure its any help, but i have infront of me here a copy of a shorthold tenancy agreement, similar to the one your tenants will have signed, and they appear to be in breach of a number of parts, including this one:
It shall be lawful for the landlord to re-enter upon and take possession of the Premises or any part therof and the furniture or any part thereof or any substituted Furniture in the name of the whole at any time after the rent or installment or part thereof is in arrears for twenty one days next after the same has become due and payable whether formally demanded or not or if there is a breach of any of the covenants and agreements by the tennant herein contanied.
(excuse the lack of punctuation, its a contract thing...)
but presuming the shorthold tennancy you have drawn up with your agents and tennants is similar to mine then the tennants are in breach of the 21 day rule for rent being in arrears, and have broken the covenant on no pets or smoking and therfore you arein right to seize (their) property to the value of the the rent, or to take back possesion of the property itself
i.e quite in your right to sling them out as they have failed to fulfill their side of the agreement
It shall be lawful for the landlord to re-enter upon and take possession of the Premises or any part therof and the furniture or any part thereof or any substituted Furniture in the name of the whole at any time after the rent or installment or part thereof is in arrears for twenty one days next after the same has become due and payable whether formally demanded or not or if there is a breach of any of the covenants and agreements by the tennant herein contanied.
(excuse the lack of punctuation, its a contract thing...)
but presuming the shorthold tennancy you have drawn up with your agents and tennants is similar to mine then the tennants are in breach of the 21 day rule for rent being in arrears, and have broken the covenant on no pets or smoking and therfore you arein right to seize (their) property to the value of the the rent, or to take back possesion of the property itself
i.e quite in your right to sling them out as they have failed to fulfill their side of the agreement
Are you serious? Do the above and you'ld be in some serious trouble.A court would laugh at you. Only because it's in the tenacy agreement doesn't mean it's legal.
06 August 2006, 10:24 PM
#55
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With all due respect OP you have already shown what you know about tenants rights by entering the property in the way you did (which was illegal).
Try here . Yes you can do all this yourself but it requires a lot of reading up to know the correct procedures.
Try here . Yes you can do all this yourself but it requires a lot of reading up to know the correct procedures.
06 August 2006, 10:45 PM
#58
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UB, not lost at all me old mucker.
The only one lost is the one (ie, you!) who'll conveniently forget to revisit this thread with their evidence once they find out they're in the wrong
Yer shafted mate
PS I'm never wrong
The only one lost is the one (ie, you!) who'll conveniently forget to revisit this thread with their evidence once they find out they're in the wrong
Yer shafted mate
PS I'm never wrong
06 August 2006, 10:51 PM
#59
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Originally Posted by imlach
UB, not lost at all me old mucker.
The only one lost is the one (ie, you!) who'll conveniently forget to revisit this thread with their evidence once they find out they're in the wrong
Yer shafted mate
PS I'm never wrong
The only one lost is the one (ie, you!) who'll conveniently forget to revisit this thread with their evidence once they find out they're in the wrong
Yer shafted mate
PS I'm never wrong