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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2482
Experience:  Over 5 years in practice.
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I am a private landlord. My tenant is in rent arrears of

Customer Question

I am a private landlord. My tenant is in rent arrears of over £3,000 covering more than 3-months.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, but there is additional info I should provide.
JA: Where is the property located?
Customer: Wishaw
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes. The tenant has left the property without serving 4-weeks notice. She has also created through contact with environmental health, the illusion that the property was not fit for her and her family, 3 kids under 16 yo, to live in. This has resulted in her being housed by the Council in another location, perhaps a scatter flat, whilst waiting allocation of a house. I still have more
Submitted: 5 months ago.
Category: Property Law
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 5 months ago.
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Customer: replied 5 months ago.
In addition the tenant continually fails to engage with me to discuss how we may work together to resolve the issue. For info I have been advised by her next door neighbour, my tenant also, that she was using rabbit feed spread across the kitchen floor to attract mice. The neighbour has been shown a photo of 1 mouse which I suspect has formed part of evidence supplied to Environmental Health. Her flat and the neighbouring flat have no history of mice or rats or any other form of vermin, not until she became resident.
Also her failure to meet me has resulted in my inability to enter the flat to assess the situation for myself with a view to remedial action. For example she also involved Environmental Health to identify non-compliances with the Repairing Standard and Tolerable Standard. Again I know that this has also been used to gain priority allocation of another house for her and her family. But as before she has been devious and creative in influencing what has been conveyed to Council Housing Dept. eg it was reported that fire alarms, CO sniffer alarms were not located in the flat which is totally untrue, they just were conveniently not available at the time of the EH Officer visit. I have discussed this with the EH Officer and the only valid item reported was the lack of an EICR for the electrics. However I advised the EH Officer that the flat was rewired around 2-3 years ago which involved the need to get safety clearance and production of a new EICR. I am still searching for this paperwork but I suspect it also is inside the premises that I still have no access to. The EH Officer has advised me that on receipt of an EICR he will arrange for the immediate removal of the 'unfit for habitation' classification that he provided to the Housing Dept in support of the Tenant.
In the meantime the tenant has posted images on her facebook of her visits, with her boyfriend to Paris/Amsterdam about 4-weeks ago and as I write she is in New York and posted a video of the inside of the Airplane. I just wonder who is looking after her kids??
I'm sure you can understand my frustration.
She does have assets (furniture, phones, TVs etc ) and if feasible I would like to pursue her so that she will be less likely to perform the stunts on another law abiding landlord like myself.Best regards
Cliff Kesley
Expert:  Jamie-Law replied 5 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 5 months ago.

What is it you want to know about this?

Customer: replied 5 months ago.
what are my options regarding recovery, by any means, of debt and would you advise me to pursue her through the courts to achieve arrestment of assets
Expert:  Jamie-Law replied 5 months ago.

Do you have a ccj? So you know where tenant has gone to?

Customer: replied 5 months ago.
I can find the address without breaching DPA
Expert:  Jamie-Law replied 5 months ago.

You can or are you asking me?

Customer: replied 5 months ago.
Seems to be taking a long time to get positive response
Expert:  Jamie-Law replied 5 months ago.

Response to what. I asked if you knew where he has gone, so far you haven’t answered that.