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  • Property-a-holics

    Facebook party tenants evicted...

    Hi
    Had this sent to me via facebook: http://www.thesun.co.uk/sol/homepage/new...374571.ece
    A LANDLADY has become the first in Britain to boot out tenants after they trashed her home and posted pictures of the devastation on Facebook.
    Carolyn Lorimer stumbled upon the snaps after logging in to the social networking site.
    The photos show gaping holes in the walls, a smashed up TV in the lounge and wallpaper ripped off the walls in the kitchen.
    As soon as the tenants - both in their early 20s - found out they had been rumbled they fled leaving thousands of pounds worth of damage and unpaid rent and utility bills at the two-storey seaside home in Folkestone, Kent.
    Former estate agent Miss Lorimer, 26, saw her wrecked buy-to-let property after a Facebook friend was 'tagged' in an album of photos taken during a series of Skins-style house parties at the two-bed flat.
    Miss Lorimer said: “When I logged on to Facebook and saw the pictures I was absolutely shocked.
    “I recognised it as my flat straight away and I couldn’t believe what I was seeing - people jumping on the furniture, dancing on the kitchen table, holes in the walls and smashed TVs. It looked like a slum.”
    Dump
    The Facebook photos include snaps of three women jigging around on top of a table with their bums - and thongs - on show as they dance to R&B music.
    Others show the three girls and their three boyfriends clutching bottles of beer as they party at the flat, while others show the flat being slowly turned into a dump during the tenants’ eight month stay.
    Miss Lorimer, who is not naming the tenants for fear of reprisals, said a chandelier was left hanging off the ceiling after a guest used it to swing from table to table.
    And that her new carpet was left in shreds after it was used as a dancefloor.
    She served the eviction notice the day after the snaps came to light - but has since been left to foot a massive clean-up bill.
    The pair have also left behind a £670 bill for gas and electricity plus a string of other final demands and debt collection agency letters.
    They also owe Mrs Lorimer £1,350 in rent on the £550-a-month flat, and left several gaping holes in the plasterboard walls.
    She added: “I love Facebook, I think it’s a great way to keep in touch - and now I have Facebook to thank for bringing this nightmare to my attention.”
    -----
    If this was me...i would give the tenants a Section 8...yes i know they have left...but in the past i have still gone through the process as it is the only LEGAL way to take possession of a prop, and better still it gives them a CCJ for the outstanding rent...and as well all know that follows you round for 6years and until satisfied it sticks out like a sore thumb on their credit file....they will always be linked to that address and they wont be able to deny it either.
    Best regards
    Wasim
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    Wasim,
    You are correct about the Section 8. Legally she has no right to enter and definitely no right to change things or re-rent the place while the other tenancy still exists. It does not end just because the tenants are no longer found at the address.
    The CCJ or other action is also a plus. It sends a message. It helps other landlords. I would inform future tenants that if there is a problem that the full legal process will be used so the tenant knows you are going to pursue them before they get any ideas.
    John Corey
    https://www.ChelseaPrivateEquity.com/blog
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    John Corey 


    I host the London Real Estate Meet on the 2nd Tuesday of every month since 2005. If you have never been before, email me for the 'new visitor' link.

    PropertyFortress.com/Events

    Also happy to chat on the phone. Pay It Forward; my way of giving back through sharing. Click on the link: PropertyFortress.com/Ask-John to book a time. I will call you at the time you selected. Nothing to buy. Just be prepared with your questions so we can use the 20 minutes wisely.

    Abandonment of a property is always a tricky subject. Yes, in most cases the only legal way to end a tenancy is by obtaining a court order. However there is also the doctrine of 'implied surrender'. Thus if the actions of the tenant are inconsistent with a desire to continue with the tenancy, this can be taken as an implied offer to surrender which the landlord can accept (if he wants to), and re-enter.
    You have to be pretty careful doing this of course. However in this case I suspect that the landlord is fairly safe as it sounds as if the rent arrears and cost of repairing the damage done to the property would far outweigh any claim for compensation the tenants could recover in any claim for compensation for illegal eviction. And the report does say that she served an eviction notice (although we are not told what type).
    In the unlikely event that the tenants applied for an injunction to be let back into the property, I would be very surprised if any Judge would grant this, after seeing the damage done.
    But in the vast majority of cases, 'due process' (i.e. obtaining a court order) is essential.
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    Tessa Shepperon Landlord Law | Landlord Law Blog |