Tuesday 22 January 2013

D-Day

For many people they were preparing for the big night out (or in). Ironing party frocks, chilling champagne, and preparing canapes ready to pop in the oven later for when their guests arrived.  Me - I was sitting in the County Court room keen to do legal battle with our recalcitrant and uncommunicative tenant, who I was HOPING would be finally evicted from the property. So at 4pm New Year's Eve there was I in my best Next suit, looking as professional and competent as I possibly could, listening to the judge describe, reiterate, explain and emphasise the law. Section 21 of the Housing Act 1988 to be precise. 

It was not the most exciting thing to be facing on the last night of the year. As I sat there wondering when he would give me an opportunity to state my side of the case,  my mind drifted to what I would prefer to be doing. And funnily enough it was not facing a rather dour-looking man talking to himself, and a dastardly tenant sitting on a bench next to me sheepishly glancing across, hoping for a full reprieve. It was a very short hearing, the majority of which was a discussion of the judge to himself as to whether we had presented the correct documentation for this eviction at the correct time. There is a HIGHLY specific time frame for issuing notices to quit under Section 21 - beware if you get this wrong!

He decided (after much humming and hawing and commenting this way and that without any reference to the other two people in the room - they being me and the tenant) that we HAD followed correct procedures and therefore, he duly passed judgement that SHE (the tenant) had fourteen days to vacate the property.

Yee haw!! I nearly broke out the New Year champagne there and then. Having received no rental payments from her for the last 7 months, funds had been coming from other sources to pay the mortgage on this property and it had not been easy. Which meant that it was only a cheap sparkling white from Aldi that we actually had chilling in the fridge. 

I don't want to celebrate other people's misfortune, I actually have a lot of compassion for this tenant. However, not paying your rent and not communicating about it is a sure fire way to get evicted from a property. 

It was an annoying and upsetting process to go through, but we learned a great deal as you can imagine. The tenant has now vacated the property and we are redecorating and improving it ready for the next phase (including removing the garish wallpaper which was put up without permission - another story)!

Does it make me regret anything? No, I actually feel that this has been an important learning curve for us. We've learnt about the law and the process which underpins its execution. We've also learnt about the absolute imperative to vet and check tenants, and double-check again! We've also learnt that there are ups and downs to any business. Plan for the worst and hope for the best is probably a good motto to have. 

And suffice to say, later that night  we enjoyed every drop of that sparkling white from Aldi!



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