Tuesday, August 16, 2011

Diary of a tenant: understanding an amateur landlord

My notice to quit is confirmed, and the landlord's received some payments. But he still appears to be way out of his depth

Part six An unsettling encounter

A recorded delivery letter has arrived. It's a jumble of paper and seems to be the notice to quit I was expecting, although those exact words are absent. Until now, my landlord Bill and his advisers have ignored legal requirements: roughly speaking they should have sent a notice to quit in writing giving me two months' notice, then a notice of seeking possession. Following that should be a possession order, after which the bailiffs arrive.

The documents appear to have been prepared by a firm of "eviction specialists", as these people frequently term themselves, and are so badly drafted they are virtually written in crayon. The letting agency and Bill are no longer working together: I know this having called to ask what to do about his refusal to accept my true arrears.

I seek advice. A solicitor confirms what I already knew: in summary, there's little I can do. Even if I fight the eviction and pay any arrears, Bill is entitled to give notice on a whim. The solicitor will write a letter about Bill's request that I leave in six weeks, but the upshot is I have to go, which I already knew.

Eventually, the council investigated Bill's letter claiming exaggerated arrears ? arrears which in any case pre-dated my benefit claim. The suspension of payments was unfounded (and in my opinion ill-considered.) They've reluctantly agreed to pay Bill direct, although one to two week's rent is missing in the confusion of stopping/starting temporary work. I've also applied for discretionary housing payment, which temporarily bridges the seemingly small but, for me, significant �10 a week gap between the local housing allowance and my actual rent.

Unbelievably, yet another visit from Bill is scheduled. Whenever he arrives I expect comments about certain visible signs of departure, like boxes packed up ready to go. He never mentions them, but then he's not even pretending to look around. I get the impression he thinks I have defied him. During his many doorstep rants he has repeatedly claimed to be just trying to make a living.

Like many amateur landlords I think Bill was ill-informed by his advisers, and poorly served by his former letting agency who colluded in, and even attended, his threatening visits. He imagined he could buy a flat, do nothing (no repairs, no maintenance), rake in cash, and eventually sell up for a massive profit. It doesn't work that way.

He seems truly flummoxed. Friends who either are or have been landlords ask: doesn't he have landlord insurance; didn't he allow for gaps in occupancy, as tenants can do a runner, lose their jobs or even die? Buy-to-let involves risk; it's not a guaranteed money-making machine, they explain.

I think Bill is out of his depth, hence his visits. I think he shouts at me because he doesn't know what else to do, and the inspections allow him to vent his feelings. For one brief, fleeting moment I almost feel sorry for him. Almost.


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Source: http://www.guardian.co.uk/money/blog/2011/aug/15/diary-of-tenant-amateur-landlord

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