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Labtec81

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  1. My question was if the garage is full of the last tenants junk and we hadn't had the sense to ask to loko in the garage when we have the 2nd viewing would we instantly be liable for it once the tenancy agreement is signed? But you've answered that in a way by saying we could add a clause to the agreement that all previous tenants belongings are disposed of at LL expense, and obviously any junk in the garage (if any exists) would also have to be removed as we won't be liable for anything we don't take with us. And the only thing that doesn't feel right is that I was asking myself the question, Why would the landlord give the agent the keys to show tenants round the house BUT not give the agent the garage key should any prospective tenants wish to see inside the garage from the outset? And the smell wasn't in the garage, but I can see how I didn't make that clear, the smell was actually in the house which the agent told us was because the carpets had recently been cleaned and were drying out, to me it smelt like a wet dog smell which could quite easily have been because the carpets had been cleaned and the previous tenants had a dog hence the smell coming out of the carpets, but if the carpets had been cleaned there wouldn't be a wet dog smell would there? I'm sure the 2nd viewing will answer my questions a little better. Also I'm not saying any problems will arise or could arise, I'm just trying to cover my bases so we aren't liable for anything from the outset so it's a hassle free tenancy. Thank you.
  2. Hi, It's probably nothing to worry about too much but when I rang the agent this afternoon to arrange a 2nd viewing so we could take a look inside the garage and to make sure that the smell we smelt last time we viewed the house had gone, we were told it was because the carpets had been cleaned recently so if that's the case then the wet/dog smell could have been because the carpets had been cleaned and should have gone next time we view it? Anyway the agent told us that they had the keys for the house and the landlord had been given back the keys to the garage which I found a bit strange (so did the person at the agents offices I spoke to) anyway she said she'd ring me when she'd spoken to the landlord and got the garage keys from him, because I want to make sure the garage isn't full of the last tenants sh*t or indeed any other junk because if it is and we hadn't checked we'd instantly become liable to get rid of it, or so I'm led to believe? I also asked about the credit check etc and she said that had gone through fine for us both, and I said well does that mean we've got the house then? Knowing full well they'd still have to check the reference with my current landlord first but thought I'd try my luck lol. The agent also let slip that the last tenants were bad tenants (we'd only be the 2nd tenants in the house ever!) and I thought that won't go down too well for us with the landlord knowing the last tenants weren't good as the agent said the landlord has final approval obviously, so I said well if him and her, a couple who work as doctors wanted to meet us first then we'd have no problems with that. Just hope everything does go through now as something just doesn't feel right! Considering the agent has already had £250 off us for credit checks! Maybe it's just paranoia but we really want to live somewhere where we have a better quality of life for us and our kids as being where we are isn't doing us any good healthwise (stress mostly) and we can't keep affording to throw away £250 each time for credit checks, we can't really afford it this time either if it falls through as it will have been for nothing and isn't refundable.
  3. Does this sound right? And if not what would you put instead? Dear Landlord, I am writing to inform you that I will be ending my tenancy at (address of property) on (date you would be leaving) which is 4 weeks from the date of this letter, I understand I am liable for the rent up until I leave the premises on the 15th of February and will be paying all rent due to you. I wish for you to be present on the day we move out to check the premises/and for me to return the keys to you, and also for the return of the deposit paid when I first moved in on the 29th of June 2009 which was £360 less any deductions we agree upon (excluding normal wear and tear) for any perceived damage beyond normal wear and tear should their be any. Your's sincerely Tenant
  4. If you are wanting to move into a property and fail a credit check undertaken by the agency marketing the property you wish to rent is that the reason they ask for a guarantor?? I'm asking because when I was younger I was also stupid and my credit rating is poor at best because I haven't had any credit since and because of stupid foolish mistakes when I was younger that messed it up for me more than anything, and in this day and age if you don't have credit you can't get credit which is kind of odd.. Anyway my fiancee's credit rating isn't perfect but it's also not bad at all, she has no CCJ's or any major debts hanging over her head and I was wondering if I fail the credit check but she passes it will that stop us getting any houses we look at because of my stupidity when I was younger? Or is what I mentioned earlier RE: Me failing a credit check being the reason we'd need a guarantor, as my partners dad who works full time said he would be guarantor and my dad who also works full time and earns in excess of £26000 a year said he'd also be the guarantor if my partners dad decided for any reason not to be.
  5. I've posted this in the residential section as well but having used this website for almost 4 years on and off I believe the general forum to be the most read and I really need some help/info, Thank you. Me and my fiancee are wanting to move out of the house we live in and have looked at another house we want to rent, now we initially had a 6 month assured shorthold tenancy agreement from 29th June 2009 which rolled over onto a statutory periodic tenancy agreement after the 29th of December 2009 as neither us nor the landlord signed another tenancy agreement. The rent is payable every 4 weeks and was last paid on the 11th of January 2011 and is next due on the 8th of February 2011 but we were wondering if we give the 1 months notice we are required to give from today Saturday the 15th of January does anyone know what we will have to pay the landlord after the 8th of February as giving 1 months notice from today the 15th of January would mean we couldn't (technically) move out till the 15th of February (1 week after we will have paid February's rent) so presumably we would also have to pay another months rent even if we move out on the 15th of February? We will be sending a letter of notice by Recorded Delivery so it will have to be signed for, we are just confused regarding dates etc and exactly how much we will have to pay and when. We also paid a bond of £360 as well as the 1st months rent up front when we moved in so are we behind by 1 month or in front by 1 month? Common sense tells me we are a month in front with the rent but any clarification would be extremely helpful. Thank you. P.S) Also please note I've read the original Tenancy Agreement from page to page (it's only 3 pages long) and nowhere in the original Tenancy Agreement does it define the notice period we were required to give under the original Assured Shorthold Tenancy agreement.
  6. Hi, Me and my partner along with our 2 children want to move out of the area we live now because it's frankly a sh*thole and not a safe area to live in, since we moved in 2 cars have been set on fire in front of our house and another one set on fire in the alleyway behind our house and we are wanting to move into a better area. Now everytime we find a house we want to rent, we get hit by ten million stumbling blocks and I think it's pretty disgusting to be honest! I was made redundant so am a stay at home dad, my partner works part time 16 hours a week and we also jointly claim Working Tax Credits what with us living together, now we have lived where we currently live for the last 18 months, we have a perfect track record of paying the rent with not 1 payment missed or late yet everytime we want to rent a property from any local estate agents such as Moss Properties or Right Move etc most of the time for anything we want to rent it says, No Unemployed No DSS No Smokers etc etc etc Well I'm unemployed but my partner isn't, we do get housing benefit aka DSS I presume? But the rent per month that we pay now could easily be paid out of the tax credits we get per week and we could easily afford to pay rent of a maximum of £550 per month for a 3 bedroom property but none of the agencies are interested even when we explain our circumstances which I find very unfair as we are good tenants, never miss a rent payment and desperately need to move to a better location for ours and our kids sakes. Does anyone know of any rental agencies that actually do have a compassionate side (not to be mistaken as us wanting them to be a soft touch as that's not the case) we just want to be able to rent a nice house in a decent location to get away from the neighbourhood we currently live in which has gone downhill drastically in the last 6 months. It's getting to the point where we feel like lying to the estate agents and telling them my partner does work full time! (her boss said he would say she did if we went down that route) But we are honest people and don't want to do that, but in turn we want a fair chance to rent somewhere nice in a good location. Does anyone have any good advice for us please apart from telling one of us to get a full time job as what we have right now works, and we don't have to pay for childminders with me being a stay at home dad, and the whole point of getting Tax Credits is for people to spend more time as a family which works for us. I just feel we are being discriminated against when we can just as easily afford to rent a property somewhere nice as a full time employed person can, and to be honest what with getting Tax Credits it wouldn't be worthwhile us working anymore hours right now as the cons far outweigh the pros unfortunately so please just constructive advice please as we are extremely unhappy where we currently live.
  7. I think you'll find I did ask a question, please see below! And your comment I already know is correct that I'm not covered for £140 by Royal Mail 1st class post, but then I wouldn't be as it wasn't me who sent it to myself by Royal Mail 1st class post, it was the seller Perplexity's post below hit's the nail on the head Thank you for your reply, if the item I purchased doesn't turn up once Royal Mail start delivering again then I will be contacting the police, I do have the seller's bank information and his name AND all private messages exchanged between me and him on the forum, plus the full 5 page thread showing he sold a lot of other items to other people who also haven't received them yet, but we are all giving him the benefit of the doubt until the deliveries start up again, then and only then if things don't arrive will we all contact the police and the small claims court. Thanks for your response, it was very helpful.
  8. Because I checked here 1st http://www.royalmail.com/portal/rm/content3;jsessionid=NOQMA4I1SAVO0FB2IGEENZQUHRAYUQ2K?mediaId=50800721&catId=400029 and it clearly states And he said he had obtained a certificate of posting, and he has the original invoice which was E-Mailed to him when he originally bought the graphics card 1 month ago. So can you answer my question now please.
  9. True Kraken but I very rarely drink if at all, just a cup of coffee for me and a biscuit lol.
  10. Just a quick update on this thread as it's been a long time! The alleged victim didn't withdraw her statement, she just made a follow up statement not a withdrawal so it seems. Anyway I was acquitted on the court date due to the fact the defendant when under cross examination was found to be lying. Just thought I'd update and let the people who posted advice know. Thanks
  11. I recently bought something from someone for the princely sum of £140, and was told the item was posted on Tuesday 1st class post and the person who I bought it off sent me a private message to tell me he was told it would most likely be delivered on Thursday due to 1st class NOT being guaranteed next day (even though almost everything I've ever posted 1st class the recipient has received the next day) but due to the extreme bad weather the item hasn't arrived due to no postal deliveries. Now I'm not being paranoid (just yet) as it hasn't been long, but I'm wanting to cover my bases! I paid the person via Bank Transfer and IF I don't receive the item I paid for is there anything I can do about it? (I bank with Natwest if that helps at all) as several other people have bought different computer components from this person and between us all it adds upto quite a significant amount! So obviously once the snow clears, if the item I bought/items others bought don't turn up we will be going to the police to obtain a crime reference number etc, sounds a bit harsh but none of us are willing to lose our money (obviously) and we just want to cover our bases just in case. Now I'm not saying we won't get the items but it's alway's best to be 1 step ahead just in case. Thanks for reading.
  12. Just an update on this, The victim has now withdrawn her statement on Monday of this week but I still believe it will go to court as it's taken her this long to actually withdraw her statement and the court date is the 27th of August and it's now the 18th! Apparently she will here by the end of this week what the CPS decision will be, whether to drop the case or go ahead with it, I'm not holding out any hope though as it's too close to the court date so I can't see them dropping it at all.
  13. And what exactly is that supposed to mean? You saying if you had a say in it that I wouldn't be allowed to put anything, let alone a slap in the face, try to make what you type make some sense, I presume you can explain that comment? As for shouting down whatever I apparently don't agree with, do you see me typing in all CAPS (which would infer that I was shouting by the way, just so you know) of course I believe that a complainant can refuse to be a witness based simply on the fact that she can, she may well be punished herself for refusing to give evidence BUT and this is the fact right here, no judge, no solicitor, nobody can make her be a witness if she refuses to be, and no one can physically force the words from her mouth and make her speak, you make it sound like someone will be stood there holding her mouth open putting their hand down her throat and forcing the words to come out, get real. man. And a witness summons is only to force a complainant to attend court, once in court if said complainant chooses to NOT be a witness their isn't a damn thing they can do about it, as has already been said no one can force her to do something she doesn't want to, and you should know this.
  14. I know what the prosecution may or may not do and I have already read the information on the website you have already linked to twice. Look let me put it like this, The bottom line is if she withdraws her statement (or amends it or whatever) then the prosecution you say can apply to read a witnesses statement in her absence, but not if she refuses to be a witness they can't! She has been told if she attends court (which she does have to do if she doesn't amend or make a follow up statement) and says she no longer wishes to give evidence then they CANNOT use her statement as she would have made it quite clear she didn't want to give evidence against me and regardless of her statement if she says she doesn't wish to give evidence or be a witness against me then their is no witness against me, and that's the bottom line, without her as a witness to actually go on the stand and be the only witness against me (as their are no other witnesses but her) then my solicitor can and will object to her statement being used based on the fact she doesn't want to give evidence against me therefore if she is forced to or they try to use her statement against her wishes then it will be classed as a hostile action by the prosecution therefore cannot be admissible based on the simple fact the only witness refuses to be a witness. And everyone should know that without a witness to give evidence against someone (in this case the only witness being her) as it's her version of events against mine then their is no case because she would have refused to give evidence regardless of her statement. Also please note (and I've not posted this previously) I only slapped her AFTER she went to hit me 1st, she didn't succeed but the reaction from me was in self defence to her going to attack me in my own home!! It was an instant reaction and not intentional and regardless whether she's my mother or not I have the right to defend myself in my own home! And the fact that I slapped her (which of course I regret)would have happened regardless of who it was as it wasn't something I planned it was just a deflective blow which resulted from her going to hit me...
  15. Of course it's not possible to deny the fact that a statement was made, but it sounds to me like your saying she can't retract her statement when in fact I've been informed she can, and no one can deny that if she retracts her statement then there would be no case, surely a solicitor knows this. And no statement can be used as evidence once it's been retracted, as it cannot be used as evidence (and my solicitor told me that) and if the prosecution try to use it they can't as it would be a statement that's been retracted on the grounds it's false and that she doesn't want to be a witness against me, therefore if she was forced to be (which they couldn't do) then my solicitor would simply say she was a hostile witness because she didn't want to give evidence and was only giving it under duress from the court. Can you please clarify exactly what you mean when you said she would have to make a statement to explain herself?
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