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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Access to the Property by the Landlord


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Access to the property by the landlord

 

The landlord has the right to 'reasonable' access to carry out repairs for which s/he is responsible, but s/he should always ask for the tenant's permission, and should give at least 24 hours' notice (s11(6) Landlord and Tenant Act 1985). If the landlord wants to enter the property for any other reason, for example, to show round a prospective purchaser, s/he can only do this with the tenant's agreement. The tenant is fully entitled to refuse his/her permission if the date/time is inconvienient. The tenant should not refuse without good grounds, as it may cause a breakdown of relationship with the landlord.

 

The tenant has a right of quiet enjoyment of the tenancy. This means that s/he can occupy the premises without being disturbed by the landlord or her/his agents. Quiet enjoyment is an implied contractual right whether or not it is written into the tenancy agreement. A licensee does not have this right.

 

Entering the property without the tenant's permission

 

If the landlord is repeatedly entering the accommodation without the tenant's permission, s/he is committing a civil offence because:-

• s/he is in breach of contract, because s/he has broken the implied term to allow the tenant uninterrupted use of the accommodation. This is known as breach of quiet enjoyment; and

• s/he is trespassing on the tenant's premises.

 

Any action taken by a tenant or licensee may antagonise the landlord and cause her/him to take steps to evict her/him

 

The tenant should initially try to negotiate with the landlord. In some cases, it may be advantageous for the bureau to negotiate on the tenant's behalf. The tenant may be able to judge whether the landlord would react more positively to an approach from the bureau.

 

If the landlord continues to enter the accommodation, the tenant may wish to change the locks. S/he should take care not to damage the door and should keep the old lock and key, as these are the property of the landlord. Alternatively, s/he could just change the barrel of the lock. The tenant does not have to give the landlord a key, but s/he must continue to allow the landlord reasonable access to carry out repairs.

 

 

A tenant could also be advised to contact the local council's Tenancy Relations Officer (TRO) (also sometimes called a tenancy liaison officer or a tenancy harassment officer) if there is one. The TRO will usually be based in the local authority housing department or the legal department. The TRO is responsible for dealing with private sector tenancy disputes and should try to sort out the problem by negotiation.

 

If there is no TRO, or s/he will not help, or is not successful, the tenant can go to the county court to get an injunction to stop the landlord entering the accommodation without permission. S/he could also sue for cash compensation if the landlord has caused any damage to her/his property or if s/he has suffered any shock or distress as a result of the landlord's actions. S/he may be eligible for publicly-funded legal services.

 

Harassment

 

If the landlord is entering the accommodation so often and at such times that the tenant no longer feels secure in her/his own home, this could be interpreted as a form of harassment. Harassment is a criminal offence and the landlord could be prosecuted. There are also civil remedies to deal with harassment.

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