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Landlord Barricades Tenants In!


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HOLA441

If the landlord ever thought he had a case for breach of contract he should have started legal proceedings. There is no mention of him actually doing so in any of the articles. Instead he's contacted the tenant's employers, his local MP, the Foreign Office and local and national media. Seems to me he never had a legal case and his attempts at harassment and extortion would undoubtedly constitute a breach of contract on his part anyway.

Or he knows that he has no realistic prospect of resolving the issue legally, because these people are about to leave the country for a non-EU destination, and once they've done so they cannot be forced to defend the case and/or pay up.

That having been said, if you decide to rent your place to foreign citizens who could up and leave at any moment, you are taking that risk. He should have required the rent for the full AST term to be paid in advance: after all, that's what an indigenous Brit usually has to do if he wants to rent a place without references.

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HOLA442

Torygraph has the story:

http://www.telegraph.co.uk/property/propertynews/8519955/We-shall-be-moved-family-defies-landlords-skip-blockade.html

Better comments than the mail's 'Renters = scum'.

Don;t remember read ing this in the wail:

'Mr Everingham, who runs a business selling gel insoles for shoes, said: “The business I used to run, selling professional beauty products, went into administration in 2005.

“We did our best to keep the house and by 2007 we decided we needed to lease it in order to survive. '

So, he's been p*ssing money away for 6 - count them years - after his busines failed.

Should have sold up in 2005. Greedy fecker.

The Daily Mail comments are a good thing - don't moan

Lots of distressed Mail reading landlords :lol:

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HOLA443

Or he knows that he has no realistic prospect of resolving the issue legally, because these people are about to leave the country for a non-EU destination, and once they've done so they cannot be forced to defend the case and/or pay up.

It's not as if he would be contacting officials even less likely able to help if he was smart enough to figure out that much. If he had even residual intelligence, he would be looking for new tenants rather than making a nuisance of himself for the media to see, and alienating possibly the only group who might want to rent from him. Broadcasting that the house is about to be foreclosed on is especially idiotic.

At a guess, the soon-to-be ex-tenants probably paid more rent than anyone he could reasonably expect to have legal remedies against. This would explain why he entered into a contract with people who he says were already late payers, and why he is so keen on them not leaving. Perhaps he really thinks they would continue renting the house if he somehow kept them in the country, expired visas or not :-)

Edited by MongerOfDoom
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HOLA444
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HOLA445

You're right. A tenant from Menwith is usually an officer with family. The rent is payed for by Uncle Sam, and their accommodation standards are pretty high. Pretty much no one else will pay those rents, maybe one of LUFC squad members, but few else.

I'd imagine that there would be a standard get out clause for base personnel if they had to return to the states, which the LL would have been fully aware of, and the tenants appear to have adhered to. The reason why he's taking his extreme action appears to be that he knows he hasn't a leg to stand on. If he'd taken out proper insurance, the insurers would have ensured on an tighter contract, buy heh, that costs money.

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HOLA446

"On Tuesday, scuffles broke out as the family and up to 20 friends created a human chain to move property over a fence to avoid the blockade of a dozen skips, farm machinery, stones and an old mattress.

They carried drawers, a dressing table, dining room table and even a piano, into the neighbouring field and on to waiting removal vans.

The police and fire service were called and at one stage two grappling women fell into a hedge. "

:lol::lol::lol: Maybe the two wives decided to have a mudfight? :lol::lol:

Thing I don't get is the LL's perception of reality, specifically his future reality.

If, miracle of miracles, Uncle Sam comes along and coughs up the £83k to settle it all, what next? No-one from the base will touch him with a bargepole, and neither will anyone else after all this palaver.

He will still lose his home!

I suppose he expects to make a million or two in the next couple of years so it'll be alright, then. :lol::lol:

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HOLA447

Ymaybe one of LUFC squad members, but few else.

LUFC quad member??? You are kidding. LUFC members should be shacked up 10 a room like the Poles.

The LL is getting far too much attention and sympathy. Why's he not shown the contract to anyone?

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HOLA448
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HOLA449
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HOLA4410

And a contribution from the other side:

http://www.yorkshirepost.co.uk/news/at-a-glance/main-section/us_family_in_row_over_rent_tell_of_block_in_ordeal_1_3393157

"and has rented the property, where Mr Everingham’s flat and business is also based, for more than two years."

"The Herrings also claim the tenancy agreement on the property allows them to terminate the lease on one month’s notice, in the event that they are, as US government employees, relocated to America."

I would guess they leased the house on SST. If they'd been there 2 years, as stated, then they only need to give 30 days notice to quit. Forget about the relocating to the US bit.

"Mr Everingham, 54, who has owned the property for the past 22 years and had never been a landlord before, says that at a hearing on May 6 at Harrogate County Court, he was told the five-acre property was to be repossessed in 56 days after he claimed he was plunged into debt as a result of irregular rent payments from his tenants."

A reposession order is the final step in a very, very long legal process. Not sure what the quickest a bank can take repossion but 6 months is pretty quick, so the LL would have been notified about the repo proceedings at least in Nov 10, probably even earlier.

The LL is lucky not to be repo'd AND jailed

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HOLA4411
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HOLA4412

Landlord blocks £1m home with 10 skips to stop tenants leaving 'without paying

It's good that they always include what the house is worth.

Cross the Atlantic, they don't bother

http://www.foxnews.com/world/2011/05/18/american-family-barricaded-uk-home-angry-landlord/

American Family Barricaded in U.K. Home by Angry Landlord

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HOLA4413
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HOLA4414

"Simon’s Everingham wife, Val Everingham : “It’s just not right, it’s as though they think they can just walk away from it. We need this money to pay our mortgage and there is now a threat of a repossession on the property after the building society took the matter to the Harrogate County Courts”

note how the first and second sentences are not logically connected - entitlement writ large

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HOLA4415

"Simon’s Everingham wife, Val Everingham : “It’s just not right, it’s as though they think they can just walk away from it. We need this money to pay our mortgage and there is now a threat of a repossession on the property after the building society took the matter to the Harrogate County Courts”

note how the first and second sentences are not logically connected - entitlement writ large

To misquote Jack Nicholson, Foget it si1 its Harrogate-town.

Short chinless wonders, short yellow cords, short housing.

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HOLA4416

"The Herrings also claim the tenancy agreement on the property allows them to terminate the lease on one month’s notice, in the event that they are, as US government employees, relocated to America."

How much do US govt officials earn to even think about renting such a pricey place?

And if the LL's business went bust in 2005 during the boom years then he was a cr*p businessman and needed sorting out then.

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HOLA4417
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HOLA4418

to quote Everingham from the original daily wail article:

"I have blockaded the exits so they cannot go until I get the money. Every time the payments were late the mortgage company charged us. The charges amount to £6,000 alone. They also owe this month's rent and £6,000 in legal fees.'

So £6k is charges for his late payments on his mortgage.

And:

"From that point he says the Herrings stopped payments altogether. They promised payments in January but the money never transpired."

So they've only been late payers since November, or else we have to ask why this guy agreed to renew their tenancy. And no other specifics about them being late payers are provided.

And in the latest article the breakdown of charges is:

"The £15,000 consists of:

Interest on late payments: £6000.00

Half months rent: £1500.00 (now paid as of 19 May)

Legal fees: £1500.00 (now £2500.00 as of 19 May)

2 months rent in lieu of notice: £6000.00"

How did the late payment charges on the mortgage somehow morph into interest on late payments of the rent?

The landlord is a lying scumbag.

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HOLA4419
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HOLA4420

This landlord is a deluded nutcase who should have been repossessed years ago.

His problems all stem from the fact that he has used his family home as a cash machine to prop up his failing business. Surprise, surprise, the business is still failing and now he will lose his home too.

Unlucky, pal. Let the ltd company go to the wall next time and keep your home, eh?

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HOLA4421
Mr Everingham’s solicitor Linda Greenwood of Greenwood’s in Knaresborough claims she has seen “not one single shred of evidence” that Daniel Herring has orders to relocate, and without this the Herrings cannot legally end the tenancy agreement.

And there you have it. Mr Everingham's solicitor does not say the Herrings have not paid the rent. She does not say they are liable for Mr Everingham's debts. She does not say they have failed to give the notice required in the tenancy agreement. Mr Everingham has 'not one single shred of evidence' to prove that the Herrings have not been ordered to relocate. The entire 'case' (not that one has been brought) revolves around whether the Herrings have to provide written proof of these orders, but it would strike me as odd if a tenancy agreement specifically allowed a British landlord to go through US military paperwork until all their apparently unfounded suspicions were satisfied.

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HOLA4422

And there you have it. Mr Everingham's solicitor does not say the Herrings have not paid the rent. She does not say they are liable for Mr Everingham's debts. She does not say they have failed to give the notice required in the tenancy agreement. Mr Everingham has 'not one single shred of evidence' to prove that the Herrings have not been ordered to relocate. The entire 'case' (not that one has been brought) revolves around whether the Herrings have to provide written proof of these orders, but it would strike me as odd if a tenancy agreement specifically allowed a British landlord to go through US military paperwork until all their apparently unfounded suspicions were satisfied.

Housing rented to expats is often leased with a 'diplomatic' clause which allows early termination if the the tenant has to leave the country or their employment comes to an end. Usually the cancellation of the work permit / visa in their passport is taken as sufficient evidence. Sight of military orders or other such internal paperwork would not be required.

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HOLA4423

as if anyone will touch that place now

He's p*ssed on his chips in that respect.

I'd guess he's blacklisted by the US military authorities, and he's made the whole saga very public, so probably not high on the list for any other major employers in the area.

And there's the small matter of the clock ticking down to the place being reposessed.

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HOLA4424

Housing rented to expats is often leased with a 'diplomatic' clause which allows early termination if the the tenant has to leave the country or their employment comes to an end. Usually the cancellation of the work permit / visa in their passport is taken as sufficient evidence. Sight of military orders or other such internal paperwork would not be required.

Nuts isn't it. Whats clear are all the articles is that Menwith Hill have a standard tenancy agreement allowing only 30 months notice. Menwith is al large site an will 100s of American personnel changing over every year. The lease should not be a suprise to a supposed lawyer from Knaresbrough - just down the round for people who do not know the area. The risk for any LL is 4 months max - 1 month rent up front, 1 months notice. At 3K/month thats rents probably 1K more than renting to someone local. And again, the tenants have been there for 2 years for FFS.

The lawyers comments are nuts:

'Mr Everingham’s solicitor Linda Greenwood of Greenwood’s in Knaresborough claims she has seen “not one single shred of evidence” that Daniel Herring has orders to relocate, and without this the Herrings cannot legally end the tenancy agreement.

“They are leaving the Everinghams high and dry for two years rent, and they are laughing in Mr and Mrs Everingham’s faces.

“If these people go back to America without paying, then the Everinghams have had it.” '

MiLud, these people are laughing in my clients face. Send them to Australia ...

What evidence is needed FFS? We are off. 30 days kicks in. What do they expect? A letter from Obama?

A quick google for the lawyer comes up with this:

http://www.yorkpress.co.uk/news/1250747.smoking_and_spiking_fear/

'Knaresborough solicitor Lynda Greenwood, who co-founded the Roofie Foundation in 1997, claims she was raped after her drink was spiked by a male friend in a York wine bar.'

This was the start of roofie madness. After a few years of evidence it was found that women claiming to have had their drink spiked had just been absolutely sh*t faced - too many cocktail jugs at Weatherspoons on an empty stomach.

I would guess she's just anoher another drunken, useless solicitor, drumming up business of ambulancechaisng and covering her a** with comedy lease claims.

jeez.

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HOLA4425

The landlord's story just doesn't add up.

What would happen if the tenants decided to stay, they would be turfed out by the mortgage company once the property has been repossessed.

As for the rent arrears, if the are being paid by the US government then just like housing benefit here I you would as a landlord expect some delays but would get the money due.

As for the charges and legal fees, sorry but they are not the tenants responsibility even if they had paid no rent since moving in. As a landlord you would have evicted them after two months for non-payment having taken the correct legal steps.

Edited by Ulfar
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