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Doingmybest

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  1. Wow thank you. are there any templates? I've had a quick look as I'm at work but can't seem to see any
  2. Rent is due on the 25th each month. My intention was to discus compensation with them but it's clearly not their intention. We pay for Rent and legal protection. In an effort to be reasonable, I had already emailed the agent to speak again to the tenant and advise them of the consequences of withholding their rent. If no change to the tenants stance, I have said that we will begin the legal process.
  3. Just a quick update: the agent has just informed of the following even after I said that I am willing to sit down with the tenant to sort things out: I have had a conversation with him since and he has been adamant to withholding 2 months rent back due to the inconvenience and lack of heat in the property. I am attending the property on Friday with the agent to assess any damage. In terms of ‘inconvenience’ I can’t see what that would be other than scaffolding and a skip for nearly two weeks.
  4. No I know and you’re right. It cheered me up as I’ve been feeling quite down about it all.
  5. I'm so peed off but you managed to make me laugh. Thanks for your help and advice. I'll keep you updated.
  6. Thanks for looking and your in depth reply. I have to make it clear that this is my mother's house and as POA we are trying to do our best by her and using the rent to pay part of her care costs. No one is profiting or trying to exploit people. I think I am guilty of being defensive as we set out to be reasonable landlords. Everything was checked prior to letting especially and the roof was checked in accordance with the EPC check. Nothing was picked up on regarding the felt. The ball was definitely dropped regarding the roofing felt but the property is not deteriorating. The place has practically been refurbished with brand new fitted kitchen and appliances, new carpets fitted wardrobes and was professionally decorated. unfortunately she became ill and never got to enjoy it herself. Brand new doors and windows etc. Fortunately we do have pictures and a walk around video of the property inside and out as well as the agents inventory. The bungalow was well looked after and was only rented out to these people in August. Their rent has never been on time and I've received letters each month telling me that they are in arrears. I met them the day the leak was reported as we wanted to make sure that they were okay. They seemed nice and we got on well which is why I'm surprised that they are in my mind being unreasonable and acting like we are slum landlords. Basically they reported what turned out to be a major issue and we jumped on it to rectify it for them within 3 weeks - bearing in mind the weather we've had. We have also purchased a dehumidifier to help dry out the affected rooms. They have done absolutely nothing to mitigate any further expense to us or to them and had to be instructed to clean the mould that appeared and remove their clothes from the wardrobe that was getting damp. It all leaves a bad taste to say the least. I have already expressed my dissatisfaction to the agents but as you say we might have to consider a change. As for serving notice, they have kids who've just started at a local school etc and I really have no interest in causing any disruption to their lives. If we can sort everything out amicably then that would be great.
  7. Really appreciate your input. We went to the property the same day we were told. Agents Builder went out 36 hours after to assess the problem. The work was completed within 3 weeks.
  8. They’ve not paid for November. we paid for the repairs and they’re not out of pocket. They continued to live in the house. We’ve really been more than reasonable. I don’t know what we’d be compensating them for.
  9. Hi There. We are renting out our mothers bungalow to pay towards her care. We have used a letting agent to manage the property. We were told by the Letting agent that there was water coming through the ceiling and there was mould and damp. This seemed strange as there was no issues prior to them moving in and the agent themselves checked the property prior to the tenants moving in. It transpired that the roofing felt had failed and a new roof was required. This was not covered by the building insurance as they see this as a maintenance issue (or lack of maintenance). I don't see how you can maintain a roof!! Three to four weeks passed between us being informed of the issue to the work being completed. That includes getting three quotes. We checked the property and in fairness to the tenant it looks that the leak probably started in the fitted wardrobes however, they continued to keep their clothes in there. When the leak started to appear around the rooms they did not report the damp and it developed mould which again they did not report or even try to clean. The tenant is saying that they want: 2 months rent free as compensation that includes: the stress that they experienced having to live in a house with a water leak and mould. They're also saying that they were not able to heat the house sufficiently due to the roofing felt perishing. The agent seem to be next to useless and are saying that we should give them something. My view is that the tenant is taking the mick but will put my hands up if I'm wrong. I would really appreciate advice on this as I feel that we have acted very quickly and promptly with this.
  10. hi all. We had the 'trial'. The judge was very good and fair. He approached things on the basis that, if the case had been heard I would have won. Given that, money would have been taken off for the usage (based on the mileage ) of the vehicle. So in effect, we had been paid more monies than we would have been awarded. We agreed to use the HMRC mileage rate: 45p a mile equalling roughly £1115. He was asking for double that which was not entertained by the Judge. We agreed to pay £850 which to me was fair. It also puts the whole thing to bed.
  11. Thanks for the help last night. I've made changes and merges. There are repetitions but not sure if it harms things. WITNESS STATEMENT OF CLAIMANT ……………………………………………………………………………………………………………………………… 1. This witness statement is made by the claimant in response to the defendant's Statement to the court. 2. The history of the claimant’s claim is as follows: i. Proof of full-service history not provided as indicated in the advert and promised by the dealer. [original Autotrader advert] which is now shown marked A. ii. The claimant did not receive evidence of full-service history, instead there was a partial history with last stamp being 2014. iii. The defendant continuously maintained that the car had a full service at time of sale. iv. The vehicle broke down and the Claimant called out the AA on the 07.04.2022 who informed the claimant that the timing belt had gone and possibly caused damage to engine. v. The Claimant wrote to the dealer twice with no response [initial emails] which is now shown marked B vi. Letter before action sent. [letter before action] which is now shown marked C vii. The defendant refused to do anything and repeated that they offered a 3 month warranty. [Defendant final response] which is now shown marked D. viii. The claimant completed around 2000 miles before the car failed. ix. Despite the defendant maintaining that they had serviced the car there is no evidence that the car has had a service since 2014 or cambelt change. x. The manufactory informed the claimant that the cam belt Ford have informed me that the belt should be changed every 8 years or 100,000 miles -which ever comes sooner. The defendant claimed that the car had received a full service prior to sale and the assumption that they as the motor trader are professionals, a reasonable person would believe that they would’ve changed the cam belt in accordance to the manufacturer’s instructions. 3. The defendant states that because the claimant reported the fault after 30 days of purchase that they had no further responsibility to the claimant: a. The claimant requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. b. The defendant refused to repair and/or refund the cost stating that they only offer a 3-month warranty and were not going to address the issues. c. The defendant totally disregarded the Consumer Rights Act 2015: The Consumer Rights Act stipulates that dealers will only get one chance to repair or replace the product, so dealers can’t make multiple attempts to fix a problem unless otherwise agreed. The claimant reasonably gave the defendant the opportunity to remedy the fault, but they refused to do so saying that their contract outweighs the consumer rights act. 4. The defendant accuses the claimant of lying about the broken cambelt. The car broke down away from the claimant’s home and the AA were called. The AA mechanic informed the claimant that the cambelt had failed and catastrophic damage could be caused to the engine if further attempts to try and start the car were made. An independent mechanic was called to assess the car and they confirmed the fault after examination. 5. The claimant put trust in the defendant, the ‘motor trader’ who advised at the point of sale that the car had been through a full service and within that would’ve serviced the car in accordance with manufacturer’s instructions: to include the relevant and necessary replacement of parts at certain intervals. The Cambelt is not something that can be easily checked by the consumer or purchaser of the car. Any reasonable person purchasing a car from a motor trader would expect and trust that the motor trader would be aware of the manufacturers service intervals and the components that require changing and when they should be changed. It cannot be the responsibility of the purchaser. 6. Once the defendant retrieved the vehicle from the claimant, they readvertised it and sold it for £3290.00. The advertisement stated, “Service History, Cambelt and water pump just been replaced @100k”. This indicates that the defendant is fully aware of service intervals and the manufacturers recommendations. which is now shown marked X. 7. The defendant contacted the claimant saying: “It has costed me with bailiffs and court fees £4162 if you willing to pay half, we can close this matter outside the court”. The claimant believes that this signifies the defendant only wants to profit from this case instead of doing what it lawful. [email dated August 2nd] Now shown marked E 8. The defendant had already advertised and successfully sold the car for £3290. [Advert for resale of car] Now shown marked F 9. DVLA website shows that the car has been taxed and MOT. [DVLA] Now shown marked G Conclusion 7. The defendant did not adhere to the law as stated clearly in the Consumer Rights Act 2015 and refused to a repair or offer a full refund of the purchase price on the grounds that the goods were not of satisfactory quality and not fit for purpose as is their duty according to the consumer rights act 2015. 8. As a consumer, the claimant was entitled to a repair or to return the car for a full refund under the Act which was refused by the defendant. 9. The defendant simply has no defence in law. Statement Of Truth: I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth. Exhibits for Case.docx
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