OV9

GG. wrote: Thu Sep 21, 2023 11:16 am

mik wrote: Thu Sep 21, 2023 8:15 am I’m a function over form kinda guy.

Did that tippex smooth the airflow over the tyre sidewall?

I only use Aerotippex (C), followed by some tyre polish.

Jobbo wrote: Thu Sep 21, 2023 9:44 am Gav, it’s worth filling in a certificate of service just in case they later allege you haven’t served it correctly:
https://www.gov.uk/government/publicati ... of-service

Thanks, will check if my solicitor is doing that

Two weeks since serving the notice, their time has run out, and the neighbours have done two things.

1) Failed to allow access for a surveyor as ordered by the court last year, or pay the costs order from this year.
2) Responded to the s.146 notice with a lengthy letter. To paraphrase, they do not accept the decisions of the three (!) judges who have contributed so far, and therefore we have no authority to serve a s.146 notice.

It's patently ridiculous. All they have to do is open their front door and let a surveyor in, and this would all be resolved.

Enjoy your new flat.

Gavster wrote: Thu Oct 05, 2023 2:41 pm Two weeks since serving the notice, their time has run out, and the neighbours have done two things.

1) Failed to allow access for a surveyor as ordered by the court last year, or pay the costs order from this year.
2) Responded to the s.146 notice with a lengthy letter. To paraphrase, they do not accept the decisions of the three (!) judges who have contributed so far, and therefore we have no authority to serve a s.146 notice.

It's patently ridiculous. All they have to do is open their front door and let a surveyor in, and this would all be resolved.

What do the tenants need to do (or not do) for this to make an appearance?

That is very likely to appear at some point over the next six months, we're filing a possession claim next week - which is the start of forfeiture.

It's worth noting that as far back as late 2018 these guys were making my life horrid. It's utterly ruined my enjoyment of my home for 5 years. There have been times they were shouting at me on my doorstep, sending crazy texts and long/threatening letters, as well as demanding 'compensation', even though I've done nothing wrong. SJ will remember me being stressed and having no idea how to deal with them in Jan 2019.

And the crazy thing? They were the ones who started legal action in 2019 - which appears was an attempt to call my bluff, hoping I'd cave and pay them money to cease the action, and run away. This entire situation is the epitome of "people in glass houses shouldn't throw stones"

I do remember.

Gavster wrote: Fri Oct 06, 2023 7:55 am And the crazy thing? They were the ones who started legal action in 2019...

For the audience's benefit it's worth pointing out that the 2019 action referred to here, they said they'd filed in the County Court, yet nothing ever came from the court and they eventually claimed the court had "lost" everything relating to the case.

It's almost as if they had never filed anything at all and were lying the whole time....

It's edge of the seat stuff reading this but living it must be miserable. Sorry. Hopefully the end is in sight now.

Thanks Newt. My understanding is that forfeiture can move relatively quickly compared to the last four years of nonsense, so this could be wrapped up soon

It’s really bad what you’ve had to put up with, but hopefully you’ll get some closure soon. Wonder if they’re the ones to give the legal advice to Lidl to chase Tesco over logo nicking?

Gavster wrote: Fri Oct 06, 2023 8:19 am Thanks Newt. My understanding is that forfeiture can move relatively quickly compared to the last four years of nonsense, so this could be wrapped up soon

You could start having loud gay Freddy Mercury style circus sex, that generally sets off the seniors ?

Might speed things up a bit and you’d get served canapés by Dwarves, everyone’s a winner.

Dave!

Gavster wrote: Fri Oct 06, 2023 8:19 am Thanks Newt. My understanding is that forfeiture can move relatively quickly compared to the last four years of nonsense, so this could be wrapped up soon

Generally a tenant, even one with a short lease, is given the chance to resolve the breach and get relief from forfeiture. So it won't be over yet but you are going down the right path.

Have they got a final trump card of a sort of "diminished responsibility" type argument -

"We just didn't know what all this meant - honest!! We didn't think it was serious" etc ??

dinny_g wrote: Fri Oct 06, 2023 10:23 am Have they got a final trump card of a sort of "diminished responsibility" type argument -

"We just didn't know what all this meant - honest!! We didn't think it was serious" etc ??

That seems quite a stretch based on what @Gavster has described.

Good - as long as the legal system doesn't fall for "We're just poor weak pensioners... feel sorry for us"

Hoping this is all resolved as soon as possible Gav...

dinny_g wrote: Fri Oct 06, 2023 10:53 am Good - as long as the legal system doesn't fall for "We're just poor weak pensioners... feel sorry for us"

Hoping this is all resolved as soon as possible Gav...

We've been through all of that at the last two court hearings. They have been through all kinds of nonsense from claiming they couldn't hear the judge, through to health problems, their age, lack of money, etc etc.

Unfortunately for them, the only thing they need to do is very simple, which is to open their front door for a surveyor - which by virtue of their attendance at court and judges explaining this to them - they are very clear about.

Jobbo wrote: Fri Oct 06, 2023 10:15 am

Gavster wrote: Fri Oct 06, 2023 8:19 am Thanks Newt. My understanding is that forfeiture can move relatively quickly compared to the last four years of nonsense, so this could be wrapped up soon

Generally a tenant, even one with a short lease, is given the chance to resolve the breach and get relief from forfeiture. So it won't be over yet but you are going down the right path.

It's very much in the context of being fast in relation to 4 to 5 years to get this far - If we get through this in the next 12 months that'll feel quick!

dinny_g wrote: Fri Oct 06, 2023 10:23 am Have they got a final trump card of a sort of "diminished responsibility" type argument -

"We just didn't know what all this meant - honest!! We didn't think it was serious" etc ??

That wouldn't be enough to get relief from forfeiture. But if they remedy the breach by letting Gavster's surveyor in at last, that would probably be enough (there are inevitably going to be other things they need to do - pay the court fees which they won't have paid etc). But they won't get the property they own taken off them without being given every opportunity to sort things out.

Based om prior behaviour I doubt they will. Some people are just odd.

I really need to make it super clear for anyone reading that it is really quite exceptional for a dispute to go this far. The law gives the tenants many many opportunities to remedy any issues. A landlord can’t simply do this for any reason. The tenants have to be spectacularly arrogant for it to get anywhere near this far.

Gavster wrote: Fri Oct 06, 2023 12:04 pm I really need to make it super clear for anyone reading that it is really quite exceptional for a dispute to go this far. The law gives the tenants many many opportunities to remedy any issues. A landlord can’t simply do this for any reason. The tenants have to be spectacularly arrogant for it to get anywhere near this far.

The plebs must know their place, elitist bastard.

Dave!