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    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
    • In anticipation of lodging my court claim next Weds 1 May (14 days after advising P2G that was my deadline for them to settle my claim) I have completed my first draft POC as below: Claim Claim number: xxxxx Reference: P2G MAY 2024   Claimant xxxxx   Defendant Parcel2Go 1A Parklands Lostock Bolton BL6 4SD  Particulars of Claim The defendant has failed to arrange for the safe delivery of the claimant's parcel containing a 8 secondhand golf clubs (valued at £265) that was sent to a UK address using their delivery service (P2G Reference xxxxx). The defendant contracted Evri to deliver the parcel (Evri Reference xxxxx) and refuses to reimburse the claimant on the grounds that the claimant did not purchase their secondary insurance contract. The defendant seeks to exclude their liability in breach of section 57 Consumer Rights Act. The secondary insurance contract is in breach of section 72. The claimant seeks reimbursement of £265, plus P2G fees of £9.10, plus postage costs for two first class letters to P2G of £2.70, plus court fees, plus interest. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxxx to xxxxxx on £276.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xxxx   Details of claim Amount claimed £276.80 I look forward to your thoughts and comments guys! As ever, many thanks - G59    
    • Hmm, that's strange how they got my email then.  I assume the below is ok to send to DCBL, Nicky?  Hello, I am writing regarding our ongoing dispute and the upcoming court claim reference xxxxxxxx. To ensure fairness and transparency in our communications leading up to the court hearing, I request that you use postal mail exclusively for all further correspondence related to this claim. Please refrain from sending any communication or documents via email. Thank you for your understanding and cooperation. If you have any questions or need clarification, please feel free to contact me via postal mail at the address provided above. Yours sincerely, xxxx
    • In the SAR, I received the original application, lots of computer print outs, yearly statements from 2013 and the new emails regarding my complaint. They sent me a £50 cheque after I chased them for the SAR after the 30 days. They said they was waiting for me to respond to an email (which I never received) before sending the SAR
    • classic P2G. I'm sure dianne and Lesley will pop an email to you at some point.
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Please help! House in disrepair - Do I have the right to leave house before end of tenancy?


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Hello,

 

I am hoping someone can help me?

 

We are 9 months into our 12 month tenancy. The property is owned by a charity and managed by a letting agent. We have had nothing but problems since we moved in, some of which have affected my health and it is now clear that the landlords will not take all the steps necessary to resolve the problems.

The tenancy is due to end in October, I want to leave August 30th but they say we would have to give 2 months notice. Properties do not come up often where I live and I can’t afford to miss out.

My question is surely if the problems are bad enough they have broken the contract and we should be able to hand the keys back without recourse?

My local authority can insist that they carry out the repairs but in October the landlords could just end the tenancy, at which point there may not be another property available. And to be honest it has put that much strain on me and our relationship that we just don’t want to live there anymore.

I think they should be glad that we do this and not take legal action against them but they obviously don’t agree.

Any advice on how to get out of the contract quickly would be appreciated.

Thanks!

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May give you some advice here-Ending a fixed term agreement

 

There are special rules on how you can end your tenancy if it for a fixed period (such as six months or one year), which has not yet ended. Your tenancy could be fixed term even if you pay the rent each week/month.

Contents

 

 

 

What if my landlord agrees that I can leave?

 

It is possible to get out of the agreement at any time if you can come to a mutual agreement with your landlord. This is called 'surrender'. To be valid, both sides must agree, and it's always best to put what's been agreed in writing so everyone knows where they stand. If you have a joint tenancy all the joint tenants and the landlord must agree to the surrender.

It's worth seeing if your landlord is willing to negotiate even if your tenancy agreement says you can't leave early. It may be convenient for both of you!

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What happens when my agreement runs out?

 

If your agreement is for a fixed term (eg six months), you can leave on the last day of the fixed term without giving notice. But you must ensure that you do not stay even one day over, or you will automatically become a periodic tenant and will have to give proper notice or come to an agreement with your landlord.

If you intend to leave on the last day you are not legally required to give the landlord any notice, but it's usually a good idea to do so, to avoid any dispute about when you actually left. Good communication helps things to go smoothly. Remember that you may need a reference to get a new home and, if you've paid a deposit, you're more likely to get it back if you keep the landlord informed.

If you stay for beyond the fixed term and your landlord doesn't give you a new fixed term agreement, your tenancy or licence will automatically become periodic, which means that it rolls from week to week or month to month. Most of your other rights will stay the same, but the rules on how you can end the agreement will be different.

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Can I give the landlord notice and if so, how much?

 

Many fixed term agreements (including some assured shorthold tenancies with private landlords) contain a 'break clause', which allows you to end the agreement before the end of the fixed term.

Check your agreement to see if it includes a clause like this.

 

  • If it does include a break clause, it should also say how much notice you have to give and whether there are any special procedures you have to follow.
  • If it doesn't include a break clause then you cannot end the tenancy early unless the landlord agrees to it. If you leave anyway you can still be liable for the rent to the end of the period.

Contact a local advice centre if there's anything you're not sure of - use our directory to find one.

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Can I get someone else to move in?

 

This may be possible if you have no choice but to leave early and want to avoid paying rent on more than one home. However, you have to get the landlord's agreement for the person you suggest to move into the property. The landlord may want to take up references for them. The landlord should give the new person their own tenancy or licence agreement - otherwise, you will still be legally responsible for the tenancy.

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What if I just walk away?

 

Walking away or posting the keys through the letterbox is called 'abandonment' and will not end your agreement. Your agreement with the landlord will continue even though you've left and the landlord can continue to charge you rent, so you're likely to build up rent arrears. If your agreement is fixed term, you can be charged rent until the term ends.

The landlord can apply for a court order to make you pay what you owe. The court will decide whether you should have to pay your landlord the money or not. If the landlord has managed to let out the property they can't claim rent from you after the new tenant moved in.

Doing a runner may also make it harder for you to find a new home. Most private landlords ask new tenants for references from previous landlords and are not keen to rent to anyone who has abandoned a tenancy or licence in the past or has a history of rent arrears.

Similarly, it's important to make sure that you have somewhere to go when you leave. If you need to make a homelessness application in future, the council may decide that you are intentionally homeless, because you left a home that you could have stayed in.

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What other options are there?

 

If the landlord won't allow you to leave early and won't allow a new tenant suggested by you to move in, you may be able to negotiate to only pay part of the rent you owe. For example, if there are four months left on a fixed term agreement, the landlord might agree to only two months' rent instead while they look for a new tenant.

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What if I have a joint tenancy or licence?

 

You have a joint tenancy or licence if you share with a spouse, partner, family member or friend and both/all of your names are on the agreement.

The actions of each individual person will affect all of your rights. For instance:

 

  • If one of you leaves without ending the tenancy correctly, the whole rent will still be due and the other(s) will have to pay the missing person's share.
  • If one of you has caused damage, the landlord may be entitled to take money out of your shared deposit.

You can only end a fixed term joint tenancy if your landlord and all the other joint tenants agree or if there’s a break clause and the other tenants agree to use it. It’s a good idea to get any permission given in writing so that you have proof of what was agreed. If any of the joint tenants want to stay they would have ensure the landlord would grant them a new tenancy, if the original agreement ends.

If you're thinking about leaving, be sure to discuss it with the other joint tenant(s) before you take any action. It may be possible for someone else to take your place, and/or for the landlord to give a new agreement to those who are staying.

 

 

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Edited by tawnyowl
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If you're going to have to remain in the property for now and it's in disrepair, your landlord has certain responsibilities to carry out the repairs. There are steps you can take to get your landlord to do the repairs, starting with reporting the problem to them.

Unfortunately, you don't have the right to end the tenancy just because it's in a bad condition. However, it may be that your landlord would rather negotiate with you to leave the tenancy early than carry out repairs.

Edited by tawnyowl
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Tawnyowl is correct in that you cannot just walk away from your fixed term contract, unless you come to some kind of agreement with your landlord and it will be on his terms. If they insist on making you stick with the contract, then there is little you can do. Remember though that as it is a fixed term contract you DO NOT HAVE TO GIVE NOTICE TO LEAVE ON THE LAST DAY OF THE FIXED TERM. You can just walk away!!

 

Regarding repairs not being carried out, your best recourse is to do the following:

 

Write to your landlord (via agent if you have to, but it is the landlord's responsibility) and list the repairs required, with the most urgent first. Tell them that you have repeatedly requested that these repairs be carried out and that unless action is taken within the next 7 days, you will arrange for the necessary repairs and deduct the cost from the rent.

 

Then contact the environmental health people at the council and set things in motion. You have nothing to lose, and everything to gain as if they say the property is unfit, you can then walk away.

 

You have not told us what sort of repairs we are talking about - it might be helpful to have some idea.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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