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nikkikitch

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  1. Sorry the deposit is fine I think. The issues with the paperwork was them not giving us the correct stuff when we moved in, they only sent it with the section 21 which I thought would make it invalid? Also, given they told us we could stay until end of January on 8th November, doesn't that void the section 21 that was sent in October, and also give us a defence as to why we didn't move out on 21st December? We were still waiting for a response from the agent etc.
  2. Hi Just to update this, and ask advice on the next steps (hopefully I won't get shouted at again in here We didn't move out on the 21st December as we were unable to find anywhere right before Christmas. The landlady came to the house the day after the tenancy expired and screamed abuse at me, calling me a mad woman and a liar before trying to barge in to the house with her dogs, wow, merry Christmas haha. I get the feeling the agency may have made us promises without telling them, as she genuinely didn't seem to have any idea that there was a compensation offer made or that we had been offered to stay in January. Or, she's a very good liar. The last we heard from the agency was us asking them to stick to their offer to help us find somewhere else to live, they didn't reply to that. Nor did anyone contact us to arrange moving out and handing over keys and the inspection. Its pretty amazing that the landlady turned up expecting us to be gone without a single conversation with her or the agency but hey ho. So we've asked for a reference in return for us leaving ASAP but of course the landlord won't give us that. The agency have said they will give us a reference if we leave this weekend, which we can't do, and also that they 'are obliged to give an honest reference', I said fine, does that mean you will be honest about the reasons we have complained and have rent arrears. We've been advised that the landlord is applying for an accelerated possession order, which we expected, we again offered to leave ASAP in return for a reference to save him paying the fee but apparently he's already started the process. So we knew he'd take this course of action and we really just want to move on now but two questions 1) will we have to pay his court costs even though we have evidence of him offering to let us stay in January? And also, because we've offered to go to save him applying to court in return for a reference? I can't believe after the hellish experience we've had as tenants, we're being treated like the bad guys to be honest. The list of issues is just insane 1) moved in to a filthy house which we had to pay to have professional cleaned, 2) the landlord let himself in twice, once whilst I was in the shower 3) 6 months of horrific noise 7 days a week, 4) offered compensation then this was revoked 5) offered help to find somewhere else to live by the agency which was revoked, 5) screamed at by the landlady 6) now court. 7) lied to about the length of tenancy and the house placed for sale when we took the house on the basis we could have it for 2 years. Honestly can't believe that the agency won't just do the right thing and accept that the landlord isn't always right, and actually look after their tenants instead of just the landlords.
  3. Hi I have posted about this before https://www.consumeractiongroup.co.uk/forum/showthread.php?488538-Misled-by-our-landlord-about-construction-noise-pollution-is-becoming-unbearable&p=5134398#post5134398 and now the situation has become even worse and we desperately need some advice. We moved in to a rented property at Christmas last year and soon after a builder came to the house to tell us he'd bough a patch of the neighbours land to build a house! He told us the landlord knew about it and it was why he had moved out of the property. There was a planing process which the landlord knew about and apparently he had arguments with the builder about it, at one point he said he would try and get an injunction to stop the works. After enduring construction works literally in our garden all summer, our enjoyment of our garden has been ruined, we've had to put up with the noise, the dust and the constant lack of privacy. NOW to make it worse, our adjoining neighbour has started renovating their house, so we are now woken up every morning to drilling walls. The whole house shakes and we are woken up in a stressed anxious state every day. We work from home and it's now impossible with the horrific noise. They're renovating their basement and bathroom which won't be a quick job. Im not exaggerating when I say this is ruining our lives. I don't sleep very well anyway so being woken up to this noise from one side or another every day for three months has made me a nervous wreck! The landlord knew about both plans and let the house to us deceitfully. Is there anything we can do? Ive checked about the noise and as someone has already said on a separate thread, they aren't breaking any laws so theres not really much we can do. We took out a 12 month lease and three months of those have been unbearable. We pay a fortune to live here and it's been totally ruined. Any advice would be appreciated! I was already told by a solicitor that whilst it's morally wrong that the landlord didn't tell us about the building works, there's not much we could do legally, however now the other neighbour has started works too, I'm wondering if we have more of a case for damages. Ive taken video and photographic evidence of the noise levels, dust and now the drilling from next door Thanks
  4. Hi, Thanks both for your replies. They aren't doing anything outside of working hours, apart from a couple of mornings when they've started at 7am instead of 8am which they said they will stop. The issue is we haven't been able to use our garden in peace for what will soon be 3 months out of a 12 month contract. Just infuriating we weren't told and that we have taken the house based in it being perfect for work and we pay a fortune for the pleasure!
  5. Ahh just a thought, I set up my business in 2012 as a sole trader so before the law changed, but then became a limited company in January this year. Does that mean I'm classed as a new business and wouldnt be exempt? Its still exactly the same business.
  6. any ideas on how to stop the action? from what I gather, I should complete a SAR and a formal complaint, but what if I don't get anywhere?
  7. OK got it from the companies perspective. But what about as the person ha, if they can't provide proof how do I get the action stopped?
  8. Sorry, direct earnings attachment. We are a limited company and I'm a director so technically I am an employee of the company yes. Ive asked them three times why they think I owe them the money and each time they've replied with it's because I didn't declare that I was a student so I shouldn't have been entitled to income support which is wrong. I was a single parent and so I was entitled. I have written in and appealed twice and they've dismissed it but with no grounds. I only got the letter today but thats a good idea, shall I write to them from the company saying that I claim that I don't owe the money so they're reluctant to go ahead without proof? It says the company is legally responsible for setting it up though. Im just wondering without a court order and now they're out of time and can't go to court, what else can they do?
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