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  1. I have an hour ago received the following email following a complaint to the dps Hopefully the contents of the complaint will be used as part of the evidence by the new adjudicator Thank you for your email of 23 September 2019. I am sorry that you remain unhappy following my previous response. Having reviewed your comments in this email, along with the tenancy agreement an the adjudicator's decision, I am inclined to agree that the adjudicator has not full considered the terms of the agreement. I agree that this is important because the check out report did not record any difference in the condition of the carpets. I apologise for this error. I also apologise that the evidence and the decision was not reviewed in full when responding to your initial query. In light of this I have referred the evidence to a new adjudicator to complete a new decision. If any further sums are payable this will be paid by us. Kind Regards,
  2. I need some advice on where to go next. Sorry this is a long one. Basically we moved into a property in 2017 all was fine for a year or so but then the landlord wanted us out and started inventing various things we had apparently done wrong – all of which were false btw and only started when we asked the landlord to fix the faulty boiler. The boiler was faulty meaning often had no hot water or heating for months nobody was ever sent to this, we had a gas safety check by a different plumber to the one the LL uses and he found the fault and logged it on the certificate, the LL is now denying any issue with the boiler and we do not have a copy of the gsc to prove this. In May this year we were told that we were being served with s21 2 month notice which states no fault end of tenancy (the property was instantly put back up for rent). We found a new house very quick and signed up we then gave the landlord 1 months notice so we weren’t tied to her house for 2 months, we paid for an extra month at new house so that we could immediately start moving out, within a few days we were living in the new house. We cleaned the house top to bottom I also cleaned the carpets using a vax carpet cleaner that we own. Final inspection day came and we were told everything was fine I was told that there were no problems with the property and it was in good order and condition was the same or better than when we moved in (same member of staff did inventory as well as move out inspection) , there were 2 senior members of staff from the letting agent who carried out the move out inspection in my presence, at this point I handed the keys over and left the property. As I was told all was fine I requested deposit back from DPS A checkout report was submitted to the Landlord, on page 2 of this document it states “The property has been checked against the inventory, no issues to report and I will attach a copy of the inventory for your records” 3 weeks later we had heard nothing so I emailed the agents asking what was happening the stated “the landlord is adamant that she wants the carpets cleaning due to a smell of dogs in the property. She also wants a replacement key for the bedroom window. The cost of a carpet clean is £185 which we have obtained from one of our contractors and a key would cost in the region of £3-5. I will put these figures on the DPS site today”. At move out no mention was made of smells of animals (mainly because we didn’t have any and never have) We informed the agent that we have never owned a dog in the property for 2 reasons, firstly I am highly allergic to Dogs, this is a medically recognised condition which was discovered as a result of allergy blood tests following breathing. I am also Asthmatic and contact with dogs would further exacerbate this, secondly under the terms of our tenancy even if we did want a dog we were not allowed to keep dogs, as well as being tenants we are also landlords of a property we own and is let, we know the importance of adhering to terms of tenancy agreements. Our tenancy agreement does not require us to have the carpets professionally cleaned, nor is there any evidence on inventory or tenancy agreement that the carpets were professionally cleaned prior to commencement of our tenancy. During our tenancy routine inspections were carried out by the agent every 6 months, no issues have been raised, no animal smells have ever been mentioned. No animal smells were discovered during the move out inspection. 3 members of staff from the agents have now inspected the property since the end of our tenancy and none have reported any smells or signs of animals being present as there have been none in the property. All this was pointed out to DPS in evidence we submitted. The deposit was disputed so we sent all evidence including tenancy agreement and the report the agents had completed along with medical evidence that show my allergies. The LL didn’t submit evidence until the last minute, we asked for a copy of her submissions from DPS but by time it came the deadline for submission had passed. The landlord had produced a very amateur receipt for “professional carpet cleaning” which was apparently carried out prior to our move in, this invoice had no business name, a partial business address and fundamentally it did not contain anywhere any mention of our address. It was a very simple template invoice with cliparts, something I could put together in a few minutes. The landlord based her claim on this invoice saying that the carpet were cleaned prior to our move in. The DPS allowed in the landlords favour despite our evidence, I have numerous problems with this As part of the evidence the landlord has quoted the following section from the tenancy agreement in the letter that she submitted as evidence, the landlord has stated this as a fact "As the tenants signed the tenancy agreement which clearly states that all carpets must be professionally cleaned on exit and this along with the pungent smell of dog in the house means I have had to pay for the property to be professionally cleaned" This is not the wording of the tenancy agreement, which in fact states "3 (ii) To clean or pay for the professional cleaning of the property and the fixtures and fittings together with any blankets, curtains, carpets, linen and other items that have been soiled to the same standard as detailed in Schedule B" I provided a copy of our tenancy agreement as part of my evidence submission which clearly shows the correct wording. The carpets were not soiled as shown in the move out inspection report, and therefore did not require professional cleaning, even had any soiling been present the tenancy agreement says we are to clean OR arrange professional cleaning, we did actually clean all carpets before we left, we did this not from necessity but because it's always nice to hand a property over that has been properly cleaned. The adjudicator has stated in the adjudication decision "20. The letting agent has provided an invoice for carpet cleaning at the start of the tenancy. As such, I am satisfied that the carpets were cleaned to a professional standard at the start of the tenancy" Having looked at the submitted evidence I find an invoice which I assume has been provided by the landlord, however this invoice is very amateur in appearance and nowhere on the invoice does it state the address or customer, this invoice could be for absolutely any property or for any customer if indeed it is genuine at all. There was no soiling of the carpets when we left, they were in exactly the same condition they were at the start of our tenancy, as the photos on move out report show, the letting agents also confirmed verbally as well as on the move out report that there were no soiled carpets anywhere or smells in the property. The carpets were in the same condition as they were when we moved in. The move out inspection which the agent sent to the LL clearly shows no requirement for the carpets to be cleaned, we submitted this as part of our evidence to the DPS We were not informed at the start of the tenancy nor is it mentioned anywhere in the tenancy agreement or move in inventory that the carpets had been professionally cleaned before we moved in nor do any of these documents mention any requirement to have them professionally cleaned at the end of tenancy, unless as referred to above there is a requirement to clean or have them cleaned professional only if they had been soiled, these 3 words are critical and had the tenancy agreement been fully studied by the adjudicator that would have become evident quickly, and we would not now be unfairly out of pocket by £185. The DPS have basically said get lost, you agreed that the decision of the dispute resolution service was final and not appealable despite them failing in their duty by not studying the documents we provided fully and simply taking a letter from the LL as gospel. The DPS have said the only way to go now is court, the LL now has our money. We have done absolutely nothing wrong, we are good tenants keep a clean home and if anything minor comes up that needs sorting I just do it myself instead of making the LL pay over the odds for agents contractors, we are also landlords of a property ourselves and know exactly how things work and expectations are. The landlord is a very vindictive woman, she used in her evidence the fact that her previous tenants had apparently done the same so this time she wants money out of it. She has since been going round all the neighbours slating us saying that we trashed the place and were horrible people, unfortunately for her she told people who told us what she was saying.
  3. Agents terms of business as published on their website TERMS OF BUSINESS LETTING & MANAGEMENT SERVICESINTRODUCTIONThank you for considering * Estate Agents (the trading name of * Ltd) as the Letting Agent for your property. As experienced letting agents, we understand the importance to Landlords of not only securing an initial tenant for your property but also maintaining contact with the tenant with a view to securing renewal of the tenancy where required, thereby reducing the risk of rent voids. These terms and conditions set out the services available from us as Letting Agents. They also detail your obligations as a landlord. Should you instruct us to act on our behalf, these terms and conditions shall constitute the contract between us and they shall be applicable to the exclusions of all others.N.B Our core services to you are detailed below. The charges we make for these core services are detailed in clause 4. Your attention is specifically drawn to these clauses.* SERVICESWe offer three levels of service to LandlordsTenant Introduction and Renewal ServiceMarketing your property, at an agreed figure, to prospective tenants, including advertising (if appropriate) and putting up a “To Let” board.Negotiating price and terms and conditions with prospective tenants.Taking necessary references.Drawing up the Tenancy Agreement and obtaining signatures, plus supplying Tenants with a current Landlords Gas Safety Certificate as supplied by the Landlord (see notes on Safety Requirements)Collecting the first month’s rent and providing advice to you in relation to the Tenancy Deposit Scheme (see clause 5 below) Taking gas and electricity meter readings if possible and if requested.Liaising with you and the Tenant prior to the expiry of the term of any tenancy to establish whether renewal of the tenancy is required, assisting in the negotiation of the terms of any new tenancy and preparing all necessary paperwork relating to renewal.N.B If the property to be let is vacant for all or part of the time, we will require a set of keys in order to accompany prospective tenants on viewings. These keys are stored securely.In addition to all the services listed above, we offer the following:Full Property Management ServicePayment of overheads. As instructed by you we will pay any overheads associated with the property out of the rental income when it is received. We rely upon the landlord to instruct the relevant companies to forward accounts to us for payment. We will endeavour to query any obvious discrepancies although all payments are made by us without liability for errors by the creditors concerned. We regret we are unable to make mortgage payments on behalf of landlords.Repairs and replacements. We will deal with the day to day maintenance, repairs, servicing and replacements (if necessary) up to a maximum of £150 per single item without consulting landlords. By signing these terms and conditions, you authorise * Estate Agents to instruct the carrying out of such works without further reference to you. In case of emergency, to protect our client’s best interests, this sum can be exceeded at our discretion. Estimates will be submitted to Landlords wherever possible.Quarterly inspections and notified defects. During the Tenancy we will investigate defects brought to our attention by the Tenant(s). More regular inspection of properties can be provided by agreement at a charge of £100 plus VAT per inspection. It must be understood however, that these inspections can only provide a superficial examination and are not a structural survey. We cannot accept responsibility for hidden or latent defects.N.B.1 Management funding – We cannot be held responsible for meeting any management costs on your behalf unless we are possession of sufficient funds net of our fees. We are also unable to instruct any maintenance or emergency works unless we have monies on account. Management does not include the supervision of property whilst it is not let unless funds are made available to discharge all outgoings and fees.N.B.2 Forwarding Post. We are able to forward to a UK address any post which reaches our offices. The cost of the postage to forward your mail will be deducted from your monthly rent. We strongly recommend however, that Landlords arrange to have post forwarded by the Post Office as the cost is minimal and tenants cannot be relied upon to redirect post.Rent Collection ServiceIncludes all services listed under clause 2(a) and in addition includes the following:Collection of rent from the tenant and arrange for the rent, less our fee calculated at 3% (subject to a minimum of £25) per month + VAT of the rent received, to be paid into an account nominated by you. LANDLORDS OBLIGATIONS We agree to market and let your property on the basis that you are responsible for making the following arrangements: Insurance You must ensure that adequate building and contents insurances are in place and that the policy covers furnished lettings – many household policies do not. Mortgages If your property is subject to a mortgage, it is usually a condition of the mortgage that permission is obtained from the mortgagee to let or sub-let the property. It is your responsibility to ensure that the relevant permission is obtained. Your mortgage company may charge a small administration fee, and may want to see the proposed Tenancy Agreement before giving permission. Sub-Letting If your ownership of the property is Leasehold it is important for you to satisfy yourself that: The intended furnished letting expires before your Lease terminates. The sub-letting is permitted under the terms of your lease and that you have obtained any consent required by your landlord/freeholder. We suggest that you supply us with a copy of your lease, as the proposed tenant is legally entitled to inspect it. Service and utility companies (gas, electricity, and water) * will on your behalf inform utility companies. If a tenant brings a television onto the property they will be responsible for the purchasing of a television license. However should a Landlord leave a television as part of the contents (listed or otherwise) the responsibility for the purchasing of the license will then revert to the Landlord. Council tax. You must inform the relevant Local Authority if you change address, however * are prepared to do so on your behalf if requested. You are responsible for council tax during any time the property remains unoccupied. It should be noted that the Landlord/owner also remains legally liable to pay the Council Tax on a property that is not the sole or main residence. Property Condition You are responsible for maintain the condition of the property (excluding damage by tenants) throughout the Tenancy. Thorough inspections of the roof, plumbing and wiring etc, are recommended. All appliances, including central heating, require checking and servicing. Details of maintenance contracts, certificates of guarantee and instruction manuals should be made available to the tenants and ourselves. The property should be in good decorative order inside and out. Gardens should be tidy and well cared for and adequate tools should be provided for their maintenance. Safety Requirements There are three safety checks which should be carried out prior to Tenant(s) moving into a property, namely Gas, Electricity and Fire/Furnishings safety. A “Landlord’s Gas Safety Record” is required by law to be given to the tenant at the commencement of their tenancy and a further test must be carried out each year upon expiry and given to the Tenant. Landlords also have a legal “duty of care” to ensure that all electrical wiring, fittings and appliances are safe to use, and that all soft furnishings comply with the legal safety requirements (please ask us for details). We therefore recommend that all three safety checks be carried out. * can arrange these initial checks for you on the basis that you will pay all the contractors costs. The Gas Safety (Installation and Use) Regulations 1994 (as amended) All gas equipment, pipework and appliances must accord with these Regulations including annual inspection by a Gas Safe registered installer and records maintained of work undertaken. A safety inspection must be completed satisfactorily prior to any letting and a Report provided to the Tenant and/or displayed at the Property. You warrant to * that, the Gas Safety (Installation and Use) Regulations 1994 as amended by the Gas Safety (Installation and Use) (Amendment) Regulations 1996 and (Amendment) (no.2) Regulations 1996, have and will continue to be fully complied with by you, as the Landlord. Please note, failure to comply with these Regulations is a criminal offense. The Electrical Equipment (Safety) Regulations 1994 These regulations apply to the electrical supply along with new and second-hand equipment including mobile and fixed appliances e.g. kettles, irons, vacuum cleaners, cookers, etc and require that the property and electrical contents are in safe working order. You must arrange for such checks to be carried out in accordance with the Regulations. The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended) You, as the Landlord, warrant to * that all furniture and furnishings in the property to be let and included in the letting (whether originally provided or added during the Tenancy) fully comply with the requirements of the Consumer Protection Act 1987 and all statutory instruments made under it including in particular the Furniture and Furnishings (Fire) (Safety) Regulations 1988 as amended by the Furniture and Furnishings (Fire) (Safety) (Amendment) Regulations 1989 and 1993. Please note, failure to comply with these Regulations is a criminal offense. Portable Appliance Testing (P.A.T.) Currently there is no legal obligation for rented properties to have to undergo Portable Appliance Testing (P.A.T.) inspections on electrical appliances unless the property is an HMO (House in Multiple Occupation). However we would recommend, as good practice, that landlords consider having one completed and upon request * will arrange a P.A.T. inspection to be carried out by a qualified electrician at your rented property for the cost of £100 + VAT. Inventories We strongly recommend that landlords appoint professional inventory clerks to prepare full inventories on the condition of every item, fixture, fitting, wall, floor, ceiling, garden and balcony. An inventory should be prepared immediately prior to the commencement of a Tenancy and immediately upon its expiry. OUR CHARGES The Estate Agents Act 1979 Under this act we are unable to complete a tenancy agreement on your behalf unless we have proof that you have been notified of our fees. Details of our fees are set out below. By signing our terms and conditions you hereby confirm your knowledge and acceptance of our fees. Please note that we are unable to market a property without proof of the owners identity and evidence of their main residence. Once we have found a tenant acceptable to you or accepted by us on your behalf commission fees are charged and due as follows: Tenant Introduction & Renewal Service 50% of the total rent + VAT reserved under the terms of the tenancy agreement payable on commencement, with a minimum fee of £250 +VAT. The fee is payable in full upon receipt of a signed tenancy agreement sent by us from the Tenant. In the event that a new tenancy is entered into with the same tenant upon expiry of the initial term and administration fee of £50 + VAT is charged. Full Management Service In addition to the commission chargeable for the Tenant introduction and renewal service detailed above a minimum monthly fee of £60 + VAT, plus the charges listed in the above. Guaranteed Rent Collection Service Collection of rent from the Tenant and arrange for the rent, less our fees calculated at 3% (subject to a minimum of £25) per month + VAT to be paid into an account nominated by you. Should you sell the property to a tenant introduced to you by us or to any third party directly or indirectly associated with such tenant during or at any time in the period of 12 months after the tenant ceases to occupy the property, we shall be entitled to a commission of 1% of total sale price, payable on completion. Unless otherwise agreed by us in writing, where possible, commission payments will be deducted from rent payments received by us from the Tenant(s). If for any reason additional services are required of us, such as attendance to your solicitor’s office, appearances before a rent assessment committee, court or tribunal, or involvement in any matters of litigation, a separate fee will be chargeable to you. All our fees and commission are subject to VAT at the rate prevailing at the time. GENERAL INFORMATION LEGAL/TAX ADVICE – It must be stressed that this booklet is intended as a brief guide only. * cannot be held liable for any legal inaccuracies or omissions contained herein. We advise our clients to take appropriate professional advice. INTRUCTIONS TO SOLICITORS – You, as the Landlord, will be informed of any arrears or breaches of the Tenancy brought to our attention. However, if legal action is required, you will be responsible for instructing your own Solicitor and for all fees involved. LANDLORDS RESPONSIBILITIES – The rental quoted to prospective tenants is inclusive of all outgoings for which landlords are legally responsible. This includes the payment of ground rent, service charge/maintenance costs, buildings insurance, mortgage repayments etc. The landlord is responsible for informing the relevant authorities of any change of tenancy (e.g. Water Rates and Council Tax). DATA PROTECTION – All information held on file will be held in line with the Data Protection Act 1998. However you hereby authorise us to provide your contact details to the Tenant/occupants of the property and to any utilities companies where appropriate. Please note that this will include all telephone numbers including mobiles unless otherwise instructed in writing by the Landlord. HOUSES IN MULTIPLE OCCUPATION – We are unable to apply for licenses for an HMO for Landlords and strongly recommend that if your property meets the criteria of being an HMO you ensure you have complied with the new legal requirements as the penalties are severe. In brief as a guide your house may be a licensable HMO if you have five or more person residing in the property, which consists of two or more families, and the house is three or more storeys (including habitable basements). If you are in any doubt as to whether your property is an HMO further information is available on the communities and government website Please note, criteria for HMO’s may vary between local authorities. It is your responsibility to ensure compliance with the relevant legislation. CHANGES IN TERMS – We reserve the right to change the terms and fees quoted in this agreement upon giving one month’s notice in writing. POSSESSION – Section 21 of the Housing Act 1988 provides Landlords with rights of repossession at the expiration of an assured shorthold tenancy provided the Landlord has given the Tenant at least two months’ notice stating that repossession is required. Similarly two months’ notice is required to gain possession of Ground 1 Assured Tenancies and Statutory Periodic Tenancies. It is therefore Imperative that a Landlord intending to repossess their property at the expiration of a tenancy gives appropriate notice in the prescribed form in writing prior to the expiration of the tenancy. REFERENCES – Unless specifically instructed otherwise (and agreed by us in writing) all references for tenants will be obtained from a specialist referencing company. We cannot be held liable for information obtained from any referencing agency. We cannot guarantee the accuracy of any reference, nor can we accept any responsibility resulting from the non-disclosure or inaccuracy of facts from the reference provider. Not with standing the obtaining of references, the final decision as to whether the tenant is suitable is yours. You may require the provision of a guarantee in addition or in substitution to satisfactory references being provided. This is, however, a matter for you to arrange should you so require. Copies of all references are available to Landlords upon request. RENT COLLECTION AND REMITTANCE – Rental payments will be paid can be paid up to a maximum of 3 working days. We aim to reduce this period to a minimum wherever possible. TAXES ACT 1988 AND TAXATION OF INCOME FROM LAND (NON RESIDENTS) REGULATIONS 1995 You, as the Landlord, are responsible for notifying HM Revenue and Customs of the tenancy. Where the Landlord of a property resides abroad, HMRC will hold us, as your Agents, responsible for the payment of any tax liability which arises on rents collected by us on your behalf, unless as Exemption Certificate is provided by HMRC pursuant to the Finance Act 1995. * can supply you with any Exemption Certificate application form (currently NRL1) for you to complete and send to HMRC. However, the Certificate can take up to two months to be issued. Accordingly, if you, as the Landlord, are resident abroad it will be necessary for us to deduct monies at the appropriate rate and hold such an amount so deducted to your credit until either an Exemption Certificate has been received or until these monies are forwarded to HMRC which we are now obliged to do on an annual basis. Similarly, if at the present you live within the UK but subsequently move abroad, it will be necessary for us to commence this deduction from the time you leave this country. The monies deducted will be placed in a current account and will not earn interest on your behalf. The eventual liability for tax may be less than the amount forwarded to HMRC. In this event you must liaise with HMRC directly and * will not be liable for any refunds. You must let us know as soon as possible who will be dealing with your tax affairs in this country. Should you at present reside within the UK but subsequently move abroad, please let us know the name of your Accountants or Tax Advisers at that time. RENT ASSESSMENT – Under certain circumstances tenants may apply to the Rent Assessment Committee to have their rent assessed. The Committee may determine a rent higher or lower than the agreed amount. * are unable to accept responsibility for any claim arising out of such an assessment, which becomes the maximum rent recoverable for the term of the tenancy. COURTS AND TRIBUNALS – Applications for fair rent of appearance before the Rent Officer, Rent Assessment Committee or any other court or tribunal will be by special arrangement only and will form the subject of an additional charge of £60 plus VAT, per hour. WAITING AT PROPERTIES – In the event that you instruct a contractor to attend the property who is unable to collect keys from * or give a specific date and time of call, we will charge waiting time at the property of £60 plus VAT, per hour. LANDLORD AND TENANT ACT 1987 – We are obliged to include your name and address on all rent demands to tenants. If you address is outside England and Wales, then must provide the Tenant with an address within England and Wales to which notices (including notices in proceedings), may be served to you. Unless otherwise instructed, if your address is outside England and Wales, we will use the address of * for this purpose during such period as we manage the Property. Although we will use our best endeavours to forward any notices to you promptly. * cannot accept liability for any loss or damage incurred either directly or indirectly from our actions in this respect. TENANCY DEPOSITS The Tenancy Deposit Scheme (TDS), commenced on 6th April 2007 under the Housing Act 2004. The Act requires anyone – Landlord or Agent – who accepts a deposit for an Assured Shorthold Tenancy, to belong to a designated scheme to protect the deposit. Under the Scheme, disputes arising regarding the allocation of the deposit at the end of the tenancy will be handled by a process known as Alternative Dispute Resolution, or by the Courts if the parties so prefer. Existing tenancies (before 6th April 2007) will not be affected, nor will periodic tenancies which continue after that date. However, a tenancy commenced before, but renewed after, the 6th April 2007 is required to be included in the Tenancy Deposit Scheme. * are able to assist with the securing of the tenants deposit in either of the following schemes or you, the Landlord, can choose to secure the deposit yourself. Insurance-based Scheme (TDS – Tenants Deposit Scheme – tds.gb.com) You, as Landlord, are allowed to hold the deposit but you must pay a fee. The scheme administrators take out insurance so that the deposit can be refunded to your Tenant if you do not repay him the deposit. * operate the Tenancy Deposit Solutions Limited Scheme. This scheme is owned jointly by the National Landlords’ Association and Hamilton Fraser Insurance, and is aimed mainly at Landlords. For more information please visit: . We will organise the payment of your tenant’s deposit under this scheme. The Custodial Scheme (DPS – The Deposit Protection Service) Presently, there is only one custodial scheme, which is run by The Deposit Protection Service Ltd. You, as Landlord, pay the deposit money to the scheme administrators, who then pay it to you or return it to the Tenant, as appropriate, at the end of the Tenancy. For more information please visit: DAMAGE DEPOSITS – These will normally be equivalent to a minimum of one month’s rent. Where we are managing a property, we will, subject to managing from the commencement of a tenancy, give our professional advice on any proposed deductions from the deposit in line with the Tenancy Agreement and Inventory “check out report”, to the best of our ability. Should these suggestions not be acceptable to either the Tenant and the Landlord, the deposit will be arbitrated in line with the TDS. Please note we will endeavour to be accurate with assessing costs but cannot be held responsible for incorrectly pricing damages or losses (especially personal artefacts, unusual items or antique pieces), as we are not specialists in this field. Once agreement has been reached on any deductions or replacements or compensation, the damage deposit will be dispersed accordingly. Energy Performance Certificates (EPC’s) From 1st October 2008, landlords in England and Wales will be required by law to provide their new tenants with an Energy Performance Certificate (EPC). The landlord is responsible for ensuring a valid certificate is made available, even if a letting agent is managing their property. Once the certificate has been issued it is valid for 10 years, subject to any further legislation being introduced. Please note there will be a charge of £50 + VAT. Assignment We may, at any time assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of any obligations or any benefits arising under or out of this agreement. We may sub-contract or delegate in any manner, any or all of our obligations under this agreement to any third party agent. The Consumer Contract Regulations 2013 and cancellation of this agreement This clause only applies if you are acting for a purpose outside your business and the agreement between us is a distance or off-premises contract as defined in the Consumer Contracts (Information, Cancellation and Additional charges) Regulations 2013. The definitions of distance and off premises contracts found in those Regulations shall apply to these terms and conditions. Broadly, a distance contract is a contract between the trader and a consumer which is made through an organised distance sales scheme (such as telesales or internet sales). An off-premised contract is broadly a contract entered into in a place which is not the business premises of the trader. For full definitions, please check the Regulations. You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the date on which the contract is entered into. To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or email). Please note our contact details above. You may use the attached cancellation form but is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication of cancellation before the cancellation period has expired. If you cancel this contract, we will reimburse to you all payments received from you. We will make the reimbursement without undue delay and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement. After expiry of the cancellation period you may cancel this agreement at any time by providing us with a least 30 calendar days’ notice in writing. We may cancel this agreement at any time by providing you with at least 30 calendar days’ notice in writing. We may cancel the contract for Services at any time with immediate effect by giving you written notice if you do not pay our charges in accordance with these terms or you materially breach any of these terms and do not remedy the situation within the 14 days of us requesting you to in writing. CONFIRMATION OF ACCEPTANCE I/we expressly request * to commence performance of the services as soon as reasonably practicable. I/we acknowledge that if * marketing services are completed within the cancellation period as described I/we will lose the right to cancel described. In order for the right to cancel to be lost in this way, it is not necessary for any prospective tenant for the property to have been introduced. All that is required is for * to have fully performed its marketing services. I/we also consent to receiving the information included in these terms and conditions any other pre-contract documentation by post, fax or email. I/we hereby confirm that I/we have read and understood the Terms of Business of *. In particular, I have read and understand the extent and nature of the core service is to be provided to me and agree and accept the charges to be made for those services as detailed. I/we hereby certify that I/we own the property known as: Property address:………………………………………………………………………………………………………. I/we require the following services (please tick as appropriate) and authorise * to let the property at the address state above, on the above mentioned terms. Tenant Introduction Service Full Management Service Guaranteed Rent Collection I/we confirm that for Tax purposes I/we will be: (please initial as appropriate) Resident in the UK Non Resident in the UK Securing of Damage Deposit (please tick if appropriate) I/we will secure the tenants damage deposit and require the deposit paid to me/us Name(s) of all owners(1)(2) Signature (1) Date Signature (2) Date: Correspondence Address: Bank Details : Acc. Name Bank Name: Acc. No Sort Code: Model Cancellation Form To * I/we…………………………………………………………………….. hereby give notice that I/we cancel my/our contract for the supply of property marketing services, dated Name: Address: Signature: Date:
  4. Hi all Having problems with a letting agent. We own a mortgaged house which we rent out with an agent, the rent doesn’t quite cover the mortgage + insurances, we told the agent that we might need to make small increase to the rent they were very pushy saying we can’t do this, the rent has never gone up since 2008. We struggled through and a year ago I emailed the agents telling them I would self manage and use them for tenant finding, I was told we couldn’t do this without paying a months rent, we couldn’t afford to do this as it would have meant we couldn’t pay that months mortgage. About 3 months ago the agent told us them at the tenants had split up and one had moved out, when I asked the agent of the remaining tenant was signing a new tenancy they told me that he didn’t want to as he was looking to buy a house. Last month tenant gave notice. I told agents Not to relist the property as we had decided to sell it, I gave the agent a months notice of this as tenant move out date isn’t until next month, we were then told that they would charge us £250 +vat I told them that we would deal with the move out and check the property over before returning the deposit, from past experiences we don’t trust them, they previously made false claims to dps and excessively charged for work that didn’t require doing, we don’t want our tenants getting ripped off. We signed our agreement with the agents years ago and as of yet I am unable to find it, however on their terms in the website it says nothing about being charged when a tenant moves out, they have now deducted this amount from the tenants rent. The terms have clearly been changed since we signed our contract as they make reference to Consumer Contracts Regs 2013, we signed way before this and we have never received written notification of changes to terms which the agents terms state would happen I believe that this charge is completely unfair they still charge despite the fact that they won’t be doing any work. They also wanted £600 for us to exit the ageeement which I see as a punitive charge, it isn’t fair to lock us into an contract simply because we can’t afford to get out of. I am not sure if there is further action I can take to get this unfair charge returned.
  5. Thats what I thought it was when sabre commented to say that " What they did with mine was charge the premiums monthly to my current account. As a result no apr was applied to the loan premiums on the loan account." That made me think, (ok I know it doesnt happen often). They did the same here the payments came out of current account, not from the loan account
  6. I am looking at prepping POC at mo, It was the interest rate that stumbled me, I had added apr of the loan account onto the spreadhseet I sent to them originally (obviously at that stage I hadnt included stat interest) I am wary about adding interest now
  7. We had no idea it had been included, it was only going through current account statements a few years later my wife was wondering what this payment was for , it took a while to figure out that the 14 figure reference was actually the flexi loan sortcode and account number I have attached the response to which they said get stuffed basically
  8. Thanks, it is going to be a nightmare going through to see if the payments were taken whilst in overdraft
  9. Thanks DX I saw the upload pic box which asked for a url only way I could think of was to host on PB, sorted now
  10. I have tried but photobucket wont accept PDFs
  11. If using CC route do I include apr and then add 8% ?? I had left this dormant, however I think its time this was dealt with I sent a chase up letter to hsbc to see if they had changed their position and they still say that they stand by their original decision letter which i have hopefully attached
  12. Hi I have going around in circles trying to find this info out, is there anywhere to find the APR to include into spready Its for HSBC Flexi Loan taken out Feb 06 and still open, I believe the current rate to be 17.9% but no idea what it was when the loan was taken out
  13. In response to the points they have sent, they have admitted that Flexi loan was taken out in Feb 06, they have also stated that the Flexi Loan account included the optional insurance, this was not explained at the time, the benefits were not explained, they claim that this information is in the policy document and product information pack, which we do not have, no assessment was made at the time as to whether this policy was suitable or not, or what procedures were in place from employer in the event of sickness etc, the employment contract covers full pay for the first 6 months, and after that SSP, if there had been a problem after this, family would have helped out to make sure things were paid until things got back to normal, HSBC believe that this wasn't sufficient cover, the employment position is a senior management role, and carried funding responsibilities for the organisation, which are always awarded a year ahead, so had there become a funding issue putting the organisation at risk or employment at risk my wife would have been the first person to know about it, and would have had a year to source alternative funding, or look for alternative employment, redundancy would not suddenly appear, this contract was in place at the time of agreeing the Flexi Loan, had the Protection Plan been explained along with its benefits etc then it would have been instantly apparent that this would be much use. The letter I have states that sufficient cover was not in place and therefor the Loan Protection Plan was suitable, this insinuates that there was a mandatory requirement to have such cover in place, which as far as I can see is not the case. They also use the defense that the premiums have appeared on the bank statement, throughout the period this has been in force, and while its true that there were regular monthly payments in place, they came out of a current account not the Flexi Loan account, its only when looking through the bank statement that figured out what "Loan Protection" on the statement was for, underneath this was a reference number, finally figured out that this was the sortcode and account number for the Flexi Loan, I have just discovered a copy of a SAR request that was sent in April 2013, I have received nothing from this SAR, and have only just remembered it was sent, unfortunately there isn't a recorded delivery receipt with this SAR request so wouldn't be able to prove they have received it I am wondering if this is worth using the court route due to FOS delays, I will write a response to the letter, and include a copy of the SAR and see if they respond to it.
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