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danielson81

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  1. Hi there, I've been living in a property for 3 years and every year I've renewed and (previously!) paid to renew my tenancy agreement (AST) and the deposit was re-protected and I received an email from the Deposit Scheme confirming my deposit was protected for another year. However, this year, due to the removal of letting fees, we have not been charged and the landlord has done the renewal himself. However, its 28 days since we signed the renewal, so should the deposit have been (re) protected (well he has 2 more days), last year we received confirmation within 7 days. Is our AST treated as a new contract (as its 12 months) or as long as the original deposit was protected its fine. If it is not protected within 30 days, and even if it was done by (eg) 36 days, should I keep quiet and use it against the landlord if there were ever any issues. In addition, we were charged 6 weeks rent deposit, I believe the law is now for 5 weeks, should we claim 1 week back? Screenshots of AST enclosed (with personal info edited out). https://ibb.co/4PGf4Nf https://ibb.co/dJtDyS6 Thanks, Daniel
  2. Hi, This may sound a stupid question. But I've been tipped off by a reliable source at work they are going to outsource my department/function shortly. I already thought this was going to happen though. We are a small IT team of two people, and in November we had an audit which revealed some (allegedly) appalling spending decisions over the years. However I only started in August 2014, so legally I am entitled to no redundancy pay. Is there any benefit on waiting for the official announcement or just find a new job and resign as normal? I have also looked at TUPE etc, they would probably transfer me then make me redundant straight away, especially as the new IT supplier is based 100 miles away. Even if it was unfair, the 2 year rule excludes me from taking it to a tribunal etc. Dan
  3. Thanks for your reply. I am aware its a long shot. I might get a SAR and send them a nice letter and see what happens. Yes, I reverted to a basic bank account the day I cleared the Graduate Loan.
  4. Hi, I have read about people claming back unfair bank charges, regarding packaged accounts. In 2005 I had a Student Account with Barclays, and in June of that year I applied and got an £3000 Graduate Loan. In August 2005 I asked to increase it to £5000 and was told "You have a better chance to being accepted for this increase if you upgrade to Graduate Additions as this will form a favourable impression with the bank". I was paying £10 a month I think, till April 2010 when I paid off the loan and moved to another bank. The bank account is still active as a basic bank accountm, with about £10 in it), is it worth claiming? I still have an ISA with Barclays,. Dan
  5. Dont know if anyone can help, basically my cousin just moved out of a flat, and the agency isnt happy they didnt use there instructed contractors and they want to reclean the carpets. Can they insist you use there contractors? Excahange of emails below, may explain more. Thanks enc _-------------------------------------------------- From: Tenant Sent: 07 July 2010 To: Letting Agents Dear Letting Agent: Many thanks for the attached Checkout Report. With reference to the table (p.6): Room /Item Pet addendum Description – Repairs/Dilapidations Tenant had a dog and had signed a pet addendum. At end of tenancy he has had the carpets professionally steam clean and de infested and invoice has been provided. However this was meant to be carried out by contractors instructed b y the agent, as worded in the addendum. Landlord please advise if your require further de infestation to be carried out as a precaution? TT – as a precautionary measure the carpets will be re-treated for fleas as have no guarantee with outside contractors Room /Item Kitchen Description – Repairs/Dilapidations Salad draw in fridge had cracks to bottom at start of tenancy and is now in two half’s, see photo. Window roller blind had a control cord at start to raise and lower it, this is now missing, see photo. TT We agree the roller-blind control cord is missing and should be replaced. Unfortunately we do not agree with the following: 1.Pet Addendum - The Contractor we used found no evidence of flea infestation; however as a precautionary measure and as a gesture of goodwill we paid for the carpet treatment anyway. 2.Pet Addendum - We did not receive a copy of the Pet Addendum and were not aware of an approved list of contractors as mentioned above. 3.Kitchen - The fact the salad drawer was cracked when we moved in and then broke (in daily-usage over the course of a year) would suggest it’s attributable to fair wear and tear as it simply wore out due to the previous damage. Hopefully we can reach a compromise on the issues above. Please be assured we took great care and attention in getting the property ready for the next tenant and – whilst we fully understand you have to charge for broken or missing items, the items above do seem unfair given the circumstances. This is compounded by the fact that, due to lino being fitted incorrectly after we moved in, we have already to gift our washing machine to the Landlord and now have to purchase a new one. Finally, can I state that reason we moved were the damp and dangerous plugs in the living room, these were reported several times to Property Management since Christmas 2010 and nothing was done, these are captured in the Checkout Report images and we sincerely hope they will be repaired for the next tenant(s). I look forward to your response. Regards, Tenants From: Letting Agent Sent: 06 July 2010 16:23 To: Tenant Subject: Correspondence from Letting Agent Dear Tenants Re: The inventory checkout has been completed at the above property and the findings of the Inventory Clerk are contained within the attached Checkout Report. All items identified as being your responsibility in accordance with the terms of the Tenancy Agreement, will be charged to your Tenancy Deposit and the balance, if any, will be refunded directly into the bank account you have nominated. If you intend to dispute or disagree with any of the issues raised in the Report then the following action should be taken: 1.Inform us immediately of your intentions. 2.Any undisputed sums will be refunded to you in accordance with the requirements of The Dispute Service. 3.If a satisfactory resolution cannot be reached You must instigate a dispute with The Dispute Service, their contact details are: The Dispute Service, P O Box 1255 Hemel Hempstead, Hertfordshire HP1 9GN Tel: 0845 226 7837, Fax: 01442 253193, Email: [email protected] . The disputed sums will continue to be held by us as Stakeholder pending instruction from The Dispute Service to send the monies to them for adjudication. 4. The Dispute Service will only adjudicate on a dispute within a maximum period of 180 days from the end of the Tenancy. The Tenancy Deposit is held by us as Stakeholder and protected by The Dispute Service. Please do not hesitate to contact me if you have any further queries on 01273 744880 or [email protected] Yours sincerely Letting Agent Encl. Check out report
  6. If you have young children they will love these free educational software titles: TuxPaint - Free drawing programme for kids in KS1&2 (5-11) Info: - Tux Paint Download: - Tux Paint - Download - Windows Screenshots: Tux Paint - Screenshots TuxMath - Numeracy game for children aged 4 - 10 Info: Tux4kids Tuxmath Home Download: Tux4Kids - Home Screenshots: Tux4kids - Screenshots TuxType - Typing game for children 5 - 11 Info: Tux4Kids - Home Download: Tux4Kids - Home Screenshots: Tux4Kids - Home Older Children may like Scratch - A programme in which you can create your own games - Scratch | Home | imagine, program, share Other free games/educational titles can be found at: http://www.schoolforge.net/education...re/educational Make sure you choose the Windows version if asked, or Linux/MAC OS if you are running that!
  7. Hi, This is written on behalf of my cousin... We signed a 12 month tenancy agreement on 1st November 2008 as the rent had been increased, we were not sure at the time whether we would want to stay for 12 months but read the contract and saw the break clauses for Tenant and landlord below. When we contacted our current letting agent in April we mentioned we were looking for a new place and they said “OK thanks for letting us know, the best place to check for properties is our website”. We did this and actually viewed a few places but sadly they were unsuitable so we found one with another letting agent and paid a admin fee and holding deposit. When I subsequently informed the current letting agent of our plans to leave (6 weeks notice after the 6 month period) he has said “But you have a 12 month contract until November 2009”. I was shocked and mentioned the fact that: 1.They didn’t mention this before and actually said OK and helped us find new places available in the next month 2.The contract mentions the 6 month break clause which I took to be legally binding They have then said “they thought we wanted to move after November (not true as they found us loads of places available in June/July) AND the 6 month break clause isn’t of any value: “With regards to the break clause this is only mentioned in ‘additional notes’ is does not make up the main terms of the agreement”. To be fair they have asked the Landlord if he is prepared to allow a break in the contract but if he says no we will lose the deposit on the new place and have to stay in the flat for another 6 months. Do you think this is acceptable and do we have any recourse if the Landlord isn’t prepared to let us go? This is verbatim from the Contract: 19 Landlords Break Clause The Landlord shall have the right to terminate the tenancy at the end of the first six month period, or at any time after, by giving to the Tenant not less than two months notice in writing to that effect and upon the expiration of such notice this Agreement and everything herein contained shall cease and be void subject nethertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period of the tenancy. 20 Tenants Break Clause The tenant shall have the right to terminate the tenancy at the end of the first six month period, or at any time after, by giving to the Landlord not less than one months notice in writing to that effect and upon the expiration of such notice this Agreement and everything herein contained shall cease and be void subject nethertheless to the right of the parties in respect of any antecedent breach of any of the covenants herein contained. The period of notice must expire at the end of a period of the tenancy. (Clauses 19 and 20 must be included together) Thanks for any advice. Edit: There going to give notice officially on Tuesday by registered post to confirm receipt saying “we would like to give notice from 1st June and leave 1st July 2009"
  8. Update : Got an email from Head Office on Tuesday saying: I understand that a correct invoice is being sent to you, with apologies for any inconvenience. No sign yet, will wait till early next week before I contact them again, mentioning the VAT / HMRC issue.
  9. Thanks for your replies, it was two front discs fitted to a tiny Fiat Cinquecento! Hence I am a bit suspicous about the price! Starting to sound like a [problem] now, especially when you consider the bill came to £160 exactly, had an exhaust at a different branch a few months ago it cost £98.53.
  10. Hi there, Two weeks ago I took my car to the local HiQ to have the break discs changed, I only went there as its opposite from my work . At the end of the day I went to collect and pay for the car and was told it cost £160! Ok, these "quick" places tend to be a bit more expensive. However when I asked for a receipt they said the IT systems had been down all day and they would post one, well guess what 10 days later no sign of it! At the time I thought these things happen (I work in IT myself!) and just paid by credit card (got receipt) and left my details. However two other customers coming out had receipts in their hand. I phoned the garage after 5 days and they said they would post it, after 9 days I emailed HiQ head office and they replied on the same day saying its a franchise owned by another company but they would forward my email to them and they would be in touch, however 5 days later nothing. I'm thinking they may have ripped me off as I find £160 for 2 brake discs and labour for such a small car a bit high, but with no receipt there isn't even a breakdown of the work done, which I find a bit suspicious! If the franchise garage doesnt reply, should I go back to HiQ? Thanks for any help.
  11. Hi there, In July 2008 I bought a Tavistock 3+4 Chester Drawers from Glasswells Furniture for £500. Around a month ago I notice the draws had dropped slightly. So I phoned up Glasswells and told them and they sent someone round to inspect it. Basically they said it has dropped because too much weight was in it. However when I saw the same product in the companies showroom yesterday (which was also the same on in July) I noticed the horizontal beams were twice as thick. Glasswells have offered to repair the Chester drawers, by fitting a new beam and a metal bracket. However when questioned they refused to repair it to the spec in the showroom. When questioned further they said the supplier can change the spec without telling anyone as it wasn't a structural change. I just wondered what my rights are, as I feel the build quality I got differs from the actual model on display. The build quality of the item on display seems a lot better than mine. I paid £500, and I expected very good quality for that price ! Any help appreciated.
  12. Hi there, Sorry for not replying sooner. Basically I sent them a letter saying I required proof it was my fault. I also printed off two receipts from a website selling flea treatments as further proof my cat was treated every month. I have yet to receive a reply, so hopefully the case is closed. However in my case I got the deposit back before the agents asked for the flea treatment cost, as 8 days had passed since I moved out and new tenants had moved in. As you haven't got the deposit yet it might be a different process. Hopefully someone with more expertise can provide more advice, assuming the deposit is protected (personally) I would accept the amount offered and dispute the rest with the scheme administrator. Of course if its not protected then its a different scenario all together. Mine wanted £82 to fumigate a three bedroom terraced house, so if there asking £200 the landlord may be trying to pull a fast one. I think you could possibly demand the landlord obtains three quotes etc. Hope you manage to get it sorted.
  13. Thanks, They knew I had a cat and allowed me to have one, so that's their "proof". However they didn't charge me extra for a cat so I suppose £70 isn't end of the world.
  14. Hi there, I moved out of my old house two weeks ago and last Friday my deposit was returned in full. However today the letting agency rung me saying the house has fleas and they want £70 off me to fumigate the place. Yes I had a cat, however she never had fleas and I am sure one of us would of noticed if we had fleas in the house. The cat was treated every month. But I understand they can go unnoticed by some people and I know how horrible it is. I just wondered do I have to pay this, now my deposit has been returned? Surely in the last seven days they should of noticed, although new people moved in on a Monday after the Saturday we moved out. So they didn't check. Any advice appreciated, even if I should pay it !
  15. Hi there, I moved in to a property on March 7th 2008, and in the tenancy agreement it said the deposit was protected with The Dispute Service. A few months later I emailed all three schemes to double check. TDSL and DPS replied saying the property is not registered. TDS replied with.. Dear xxxxx Thank you for contacting The Dispute Service. I have checked our database and can find no record of your address being registered with us. Your Agent however, is a registered member of our Scheme. If you could provide the Landlord's details, we could delve further. Please feel free to call our office any time for further advice. Kind Regards, xxxxxx The Dispute Service Customer Service Team Web: TDS -Home Email: [email protected] So I phoned up TDS and gave them our landlords address, letting agent address and our address. They said our landlord and agent is registered with the scheme but our property was not coming up. The person I spoke to at TDS suggested I got legal advice. Thinking it wasn't protected the day after I wrote to all three scheme providers asking them if the deposit was protected, providing all the details, TDSL and DPS replied saying it wasn't protected with them. Then all of sudden TDS emailed saying: Dear xxxxxx Further to your letter yes I can confirm that your deposit is protected with us and the Tenancy was registered 29th February 2008 Kind Regards xxxx Now, it it me or do I smell a fish here, or its a simple admin error? After looking here: TDS -Information for tenants , we do not have a tenancy code. Any comments appreciated!
  16. Thanks for your replies.. but today 3 cheques were on the doormat, so as long as they clear there is no need for court action! The landlady also sent a separate letter, and had the cheek to say "this is a matter between the letting agents and yourselves! Oh well, there goes the non deposit protection claim of 3x deposit! Thanks once again for everyone's advice, it has made the whole process a lot easier.
  17. Thanks Planer, As there were three of us named on the AST, can all three of us be listed as claimants, or do we each have to claim separately or nominate one of us. But if say Tenant 1 represented all of us, is it tenant 1s business about tenant 2 and 3s deposit? Sorry for all the questions, I want to make sure I get it right!
  18. As the AST was renewed after April 2007 then the deposit must be protected. You should protect is ASAP and hope your tenants don't realise! Legally they could take you to court and order that you protect it. You could also have to pay three times the amount compensation. Even if you protect it now you have 14 days to protect a deposit after receiving it, so the tenants can still take action even if its protected now. I am sure someone else will explain it better than me, but I hope it gives you an idea
  19. Update: Faxed the agents copies of the bills and they said they would return the deposit in a few days. Well 10 days later NOTHING!! So today I am going to send a "Notice before action" and already have downloaded and filled in a N208, using the wording on this website. However, as there were three of us living there do we need to have 3 separate court cases, as I think you can only have 1 claimant on a court form, or can we nominate 1 person for all three persons deposits etc. Would I be right in assuming I serve papers on the landlady and not the agents? On a more positive note the landlady keeps forwarding us post from the old address :? Thanks!
  20. UPDATE: Received a package today, containing this letter and some forwarded post: Dear Sirs, Re: 1 The Street, London I write in relation to your letter of the 16th April 2008. As previously discussed we are happy to refund deposits to tenants that have been residing at the above address: Mr X, Mr Y and Mr Z It is our policy, once we have had the final bills in from all tenants together with a letter from the Landlord, to refund any deposit held. However if you have transferred all bills to your current address and can supply poof of this, I would be happy to refund your deposit. I have spoken to your Landlord and she is happy to supply us with the relevant documentation, once we have either had proof that all bills have been re directed to your new address or final bills have been received. I enclose your post that has been collected from the above address. Kind Regards etc. My initial thoughts were that they just want proof the bills have been transferred and not paid. However "supply us with the relevant documentation" worries me as there may be deductions. They forwarded some post sent to our old address, are they trying to butter us up, and think they could lose this?
  21. Thanks. I've got as feeling the LL/Agent may know about this "loophole" and thats why they dont seem bothered. But I will send them a notice before action anyway. However the court fees would be high as its a claim for £6000+ (£1500 dep, plus £4500 x3, plus fees etc.), can't afford to lose £80 each (£250apprx fees between 3).
  22. Hi there, I moved out of a property over 5 weeks ago, to date we have not had our deposit back. Last week I sent the LA the letter below, as I knew our deposit was not protected. I phoned them up today and asked them politely if they had received the letter, they said yes and they would give us our deposit back if we provided proof we had settled all the bills. They didn't seem concerned about the TDS issue! Well, I have transferred the bills to our new address and obviously can't afford to pay them (£500!) without the deposit. I thought it was a unfair contract clause to demand utility bills are settled in full before returning a deposit. My initial thoughts are to send them a "Notice Before Action" letter (or straight to the landlord) and give them another 7 days. Anyway, here is the first letter with made up address: Dear Letting agent, RE: 1 The Street, London I am the former tenant of the above property. My assured shorthold tenancy agreement is dated 17th July 2006, and was followed by renewals on 17th January 2007 and 17th July 2007 which ended on the 18th March 2008. The original deposit of £1500 was paid in July 2006 as security against my obligations in the tenancy agreement. This deposit should have been transferred to a recognised government deposit protection scheme on the 17th July 2007 as a new tenancy agreement was signed and created. Since then: 1. I believe you have not met the initial requirements of an authorised tenancy deposit protection scheme; and 2. I have not been able to obtain confirmation from a scheme administrator that my deposit is being held in accordance with such a scheme; and 3. I have not received the prescribed information which you are required by law to send me within 14 days of receiving my deposit In the circumstances, I am entitled to have my deposit refunded in full, and you are requested to attend to this within 7 days of the date of this letter. Please note all the utility bills have been transferred under *our name to our new address*, and even if we did not pay them they would chase us, the former tenants and not the landlord/agent. If I do not hear from you within 7 days or receive my deposit back in full, I may begin legal proceedings to recover my deposit without further recourse to you. My claim will include a claim for any interest, costs and compensation to which I may be entitled. I am sure you are aware the court can order a landlord/agent to pay tenants three times the amount of the deposit in compensation for not complying with Section 213 (1) of the Housing Act 2004. I look forward to hearing from you. etc.. Any advice or help appreciated!
  23. Hi there, I wonder if any of you would be so kind to double check my letter and suggest any alterations. Basically I moved out on 18th March 2008, the letting agents have been useless when asking them about the deposit and keep going on about utility bills. I know the deposit is not protected, so I was going to send this letter in a week or two to get things moving. However.. - The landlady hates the letting agents saying they always paid her late. However not my problem really! - A few days before we moved out the landlady sent in decorators to decorate the rooms that had been vacated, as two of us moved out a few days before the tenancy ended. - I googled the letting agency and apparantly the owner has gone in to hiding after oweing lots of landlords money, the agency changed name a few months ago. Do I send this letter to the letting agents, landlady or both? Anyway, heres the letter. Feel free to post anything. Dear [Landlord’s or Agent’s name here] [ADDRESS OF THE PROPERTY YOU RENT(ED) HERE] I am the former tenant of the above property. My assured shorthold tenancy agreement is dated 17th July 2006, followed by renewals on 17th January 2007 and 17th July 2007 and ended on the 18th March 2008. The original deposit of £1500 was paid in July 2006 as security against my obligations in the tenancy agreement. This deposit should have been transferred to a recognised government deposit protection scheme on the 17th July 2007 as a new tenancy agreement was signed and created. .Since then: 1. I believe you have not met the initial requirements of an authorised tenancy deposit protection scheme; and 2. I have not been able to obtain confirmation from a scheme administrator that my deposit is being held in accordance with such a scheme; and 3. I have not received the prescribed information which you are required by law to send me within 14 days of receiving my deposit In the circumstances, I am entitled to have my deposit refunded, and you are requested to attend to this within 7 days of the date of this letter. Please note all the utility bills have been transferred in to our name, and even if we did not pay them they would chase us, the former tenants and not the landlord. If I do not hear from you within 7 days, with satisfactory evidence that you have complied with the obligations which the law imposes on you, I may begin legal proceedings to recover my deposit without further recourse to you. My claim will include a claim for any interest, costs and compensation to which I may be entitled. Yours sincerely [sign here] [print your full name here]
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