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Don Holmes
Don Holmes
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About Me

I have been in the property arena for over 30 years, Selling, Renting, Managing,, Developing, Maintaining property in the UK and abroad and we now offer via our comprehensive franchise model this vast experience in the industry to like minded people helping them develop their own wealth from our expertise and experience.

my expertise in the industry

I hold the Certificate of Residential Lettings and Management Diploma (CRLM)Dip and continue to attend many training courses and seminars, keeping me abreast of any changes in legislation and market conditions, and I look forward to sharing this with our teams.

Don's Recent Activity

Don Holmes
I have had exactly this experience from Cheshire West Council regarding a tenant in Ellesmere Port Long story short, section 21 APP application issued, council housing assistant calls me asking for an extension of occupancy beyond the expiry date, I was minded to cooperate subject to a guaranteed move out date which they would not offer, so effectively wanting deferred action with no end date. I pointed out such action would invalidate the sec 21 application and I would need to start again. I issued the APP. The council lady calls again saying we will seek the extension from the courts so have told the tenant to "stay put" I explained that in my opinion this was bad advice and indeed seems to be riding roughshod over statutory law and ignoring the legal purpose of the sec 21 process and given the dates involved this will probably fall right on top of Xmas, she seemed to think it was a foregone conclusion that this time extension would be granted. I received the court appearance date 22nd Dec 2015. Bear with me, here is the good bit. I wrote to the court highlighting this Sec 21 ignorance, and my offer of cooperation and the difficulties I would be in, given no positive end game? It seems the tenant had also been advised to stop paying the rent, so when we appeared before the court in Chester, I acknowledged that this was a Sec 21 application, but granting any such extension based on hardship would in fact put the tenant in further hardship as they haven't paid any rent for 3 months! Now the good bit. The judge asked the tenant if this was true and they admitted it was so, and that the Council and solicitor had advised them not to pay any more rent?? The judge said and I quote " You have come here looking for the courts discretion and have not been sticking by the rules yourself" I was granted possession for the 23rd December, yes the next day, but agreed the 5th Jan, the judge also said, but did not order that the rent must be paid, or I am sure we will all be back here in due course. I have been paid and have possession. Moral of this story is this. Keep the dates and records of conversations and argue ‘respectfully’ your case with the courts.

From: Don Holmes 29 January 2016 11:44 AM

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