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Very sticky situation

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  • #46
    you mean ask the beneficiaries? A trust can have many of them - not all contactable easily.

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    • #47
      But them's the rules on any decision made by/affecting the trust I thought.

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      • #48
        ^^exactly ..... if many is a problem then you can still at least try asking..... you might fail and be obliged to be mean but at least you tried and that's way better than just assuming a "no" in my book.

        @ TLL ...yeah but I think if you can prove that it was in the best interests of the beneficiaries you'd be on pretty safe ground .... hard to argue being nice to the victim is in the best interests, from a cold hard cash perspective, of the beneficiaries

        Cheers
        spaceman
        Last edited by spaceman; 04-07-2011, 05:08 PM.

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        • #49
          Trustees have an obligation to work in the best interests of the beneficiaries but this doesn't mean they have to ask them about everything that happens. Do the trustees ask if the new tenant is OK? I wouldn't think so. Do they only ask where it is big (new property) or is there some other level set?

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          • #50
            This is a very sticky situation.

            God knows where all the beneficiaries are. Some of them might not even know they are beneficiaries or be born yet.

            A sudden thought! The door-handle rattler might be one! How would that affect the situation?

            My mind is blown.

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            • #51
              Originally posted by TheLiberalLeft View Post
              Yes, that's what I'd consider a very human response. Common-sense shown. You sound like a reasonable and responsible person & LL. So, the question now becomes... are you showing your sensitive side and are not the "greedy landlord"-type shown in this thread by others, or is the hard-arsedness of some of the opinions just bluster?
              "Greedy" is quite a subjective term.

              Some landlords may be "nearly broke" instead of "greedy"
              Some may work in areas where 9 times out of ten the hard luck story is a con, so treat such requests quite harshly
              Some may just be people who believe that when you sign a contract you should stick to it.

              My approach to the problem is not driven by the milk of human kindness, its just the basic professional way to protect my client (the owner), their asset and their income stream.

              When faced with tenant problems I prioritise securing a reliable FUTURE income stream over chasing missing income from the past. If I did it the other way round I'd just be digging deeper and deeper holes for myself.

              New happy reliable tenant is a better bet then old tenant with a reason to want out. Once new tenant is in, THEN chase old tenant (whose liability I've hopefully minimised by dealing with the whole issue quickly).

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              • #52
                Spot on, Robin.

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                • #53
                  So Robin, are those your true colours shining through? Are you saying you'd chase this tenant after they've left, even if the story is true?

                  Tell me I'm not mistaken with my earlier post.

                  I understand your explanation of "greedy". You didn't take my earlier point regarding the media's use of the term, in that the general public's perception is that they will often add "greedy" as a prefix to "LL" when using the word. Why is that?

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                  • #54
                    Originally posted by TheLiberalLeft View Post
                    I understand your explanation of "greedy". You didn't take my earlier point regarding the media's use of the term, in that the general public's perception is that they will often add "greedy" as a prefix to "LL" when using the word. Why is that?
                    Tall poppy syndrome I suspect, someone needs a kicking so obviously the LL has something I don't have - label them and kick them when you can. Media approach - never let the truth get in the way of a good story!

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                    • #55
                      I agree. BUT, maybe it's also b/c some LL's would hound this woman to the ends of the earth to get what's owing to them b/c they are technically right to do so (even when the story is true)?

                      The "some" of course applies to any group of people. I'd argue that it's probably a higher ratio though, amongst the LL community, sadly.

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                      • #56
                        is this thread supposed to be about real cases?

                        or imagined prejudices?

                        the basis

                        of class-ism

                        sexism

                        and racism...
                        have you defeated them?
                        your demons

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                        • #57
                          How are they imagined? We have people saying give her a break and people saying make her pay. You're just trying to wind it up.

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                          • #58
                            the facts are

                            what?
                            have you defeated them?
                            your demons

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                            • #59
                              Exactly the

                              point

                              of the

                              discussion

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                              • #60
                                so why the judgements

                                based on nothing?
                                have you defeated them?
                                your demons

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