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Posted by Let Alliance on September 2, 2015
Our friends at TC Young Solicitors were involved in one of the most well publicised cases of nightmare tenants.
A landlord eventually won a timely legal battle to evict his nightmare tenants out of his luxury five bedroom Newton Mearns home. The serial defaulter managed to sneak past the referencing process and ran up £42,000 in arrears.
The landlord spent three years trying to evict the tenants for not paying their rent. It should have been a relatively straightforward process as the basis of recovery was section 33, but the deviant tenant kept raising spurious defences which were rejected, and then kept appealing them all the way to the court of session, but lawyer Jim Bauld rejected the claims stating some of the challenges were “almost an abuse of the process”.
Both the residents, who were former bankrupts, with one being a former solicitor who was linked to rogue traders Cost Reduction services, persuaded letting agent to allow them to move into the luxury home after being evicted from elsewhere.
Ultimately TC Young recovered the property, but the legal costs were significant and the arrears were substantial.
This story goes to show how important efficient referencing is to our industry, if the appropriate referencing was properly carried out then this case, and many others, the situation could have been avoided entirely.
With thanks to Rory Cowan, TC Young Solicitors.