Tenant hoarder’ leaves landlord in a financial mess

Tenant hoarder’ leaves landlord in a financial mess

Ex-social worker and professional landlord of 30 years, Leslie-Ann Franklin, is facing having to sell the rental property she lives next door to in March, Cambridgeshire, after a complex case involving an extreme hoarder has left her in financial ruin. With her story due to be aired on this week’s ‘Bad Tenants Rogue Landlords’ (Thursday 3rd May, 8pm, Channel 5), Leslie feels the authorities and legal system let both her and her tenant down, and now she is fighting for a judicial review of her case to avoid paying £25,000 in legal fees, on top of the £30,000 she has already spent.

Leslie-Ann purchased the 18th century two-bedroom cottage she lives next door to in 2014. Her elderly tenant and neighbour, who was rent-protected and already in situ, had lived in the property for over 30 years. Although Leslie knew that the property was untidy and needed some work, she felt that becoming landlord to her neighbour would give her an opportunity to help the tenant get the property back in good order.

Unfortunately, problems were apparent from the start with Leslie-Ann receiving rent payments intermittently and struggling to gain access to the house even to carry out her basic landlord obligations. The situation continued to deteriorate, with rubbish piling up and vermin visible around the property. She reported the situation to Fenland District Council to investigate, who carried out a report which highlighted serious health and safety hazards. They issued an advisory notice for the landlord to gain access so she could carry out necessary works, and offered the tenant alternative accommodation, but this was refused. Concerned about her tenant’s mental health, Leslie-Ann also contacted Social Services, to no avail. The only alternative was to seek a possession order.

Although Landlord Action eventually managed to gain access to the property, the tenant filed a defence saying the landlord was harassing her, and the property was in a state of disrepair because Leslie-Ann had not maintained it. Tragically, the tenant has since passed away and now Leslie-Ann is embroiled in a complicated legal battle which, if she loses, will see her having to pay more than £25,000 in legal fees, as well as an additional £5,000 to remove the tenant’s belongings from her property.

Leslie-Anne says “This whole situation has been a complete nightmare and now after years of battling the system, I may have to sell the property. I didn’t realise, until it was much too late, the severity of my tenant’s issues. I tried time and time again to explain to the council and social services but they all failed to act quickly enough. Somehow this has now come back on me. I’ve been a landlord for 30 years and never had a problem, and now I’m being vilified as a ‘rogue’ landlord.”

Paul Shamplina, Founder of Landlord Action, said “In 27 years, I have never seen a worse case. Entering the property with the film-crew was a stomach-churning experience, it was a real-life house of horrors. From the moment we stepped foot inside, the stench hit you even though we had masks on. We couldn’t move more than a couple of feet for overflowing mounds of rubbish, piles of belongings and black sacks full of human faeces – the bathroom had not been used in the proper capacity in over two years! The floorboards had given way and the ceilings were hanging down. I think viewers will be shocked when they see this case.”

Watch “Bad Tenants Rogue Landlords” on Thursday 3rd May, at 8pm on Channel 5.

Precise Treatment Reduces Pain

Detail needs experts. Expert time is worth it when it saves you a costly mistake. Main objective: Get the property back. Best action: Very precise treatment.

Serving a notice is actually the most important part of the possession process.

It isn’t complicated but one tiny error can cause dreadful problems.

That’s why we say, don’t DIY and don’t use internet amateurs. It’s not worth it.

1. Compliance Errors
If the tenant doesn’t leave at Step1, the notice had better be valid. Because then it has to go to court. Any little error can get a case thrown out. And you have to start all over again.

2. Attempting Short-Cuts.
In an effort to be quick, some internet services aimed at landlords are using short-cuts around the process. But if the tenant doesn’t leave (50%) these practices can backfire at court and the case thrown out.

3. Trying to Save Pennies.
Internet services have mushroomed and landlords can expect to get what they pay for. To get the process done PROPERLY it takes a certain amount of time for an expert to look over a file and be accurate. Our fees cover that expert time.

Chasing courts for dates, arranging advocates and preparing court papers is time consuming. Especially if you’ve never done it before.

Some landlord and agents have served notices themselves. They believed they were saving a few pounds but it often ended up costing them more.

If you lose a claim, the court can order you to pay the tenant’s defence cost, which can run to hundreds or thousands of pounds.

Our in-house Solicitors are there to get your property back as fast as they can. And we protect landlords and agents from themselves.

As experts, we know that in the rush to get things done, errors can happen. And those errors can can come back later to mess up your case – and the whole process has to start again.

You can speed things up – give us accurate information quickly. Help us to help you.

There are services on the web who will prepare papers BUT they get you to pay the court-fee separately and get you to sign the court papers – so in fact they don’t represent you!

If your notice (at Step1) wasn’t drafted or served correctly you risk wasting your court fees and losing a whole lot of time because of a small error.

We won’t let your case anywhere near a court until we have checked every little detail. To make sure you don’t waste time or money, at Step-2 we first only charge part of the fee.

If your notice is fine, then you just pay the balance of the fee and we issue the claim. If there is a problem with your notice or paperwork, we will advise you what to do next.

Courts take the view that possession proceedings can make someone homeless. So they are very careful. If there’s any error in the notice, they throw the case out. It’s the process. Get it right or lose.

If the notice is invalid, you have to start all over again. The weeks or months you’ve waited are wasted. If there were rent arrears, there are now more.

If there weren’t rent arrears, they might now start. More fees. More lost rent. And still no possession. Tenants can be alerted to making a counter-claim.

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