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Ed999

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Ed999 last won the day on November 6 2011

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About Ed999

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  1. You appear to have admitted that the Omdudsman Service has satisfactorily resolved the complaint you lodged with them. Game over!
  2. My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted. This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation. The law of full and final settlement is explained at: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers An agree
  3. My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted. This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation. Tenancy Deposit Scheme The Tenancy Deposit Scheme (TDS) was created by the Housing Act 2004. The scheme requires a landlord to protect any deposit which is paid on or after April
  4. My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted. Bear in mind that if you are a shorthold tenant, you can be evicted from the premises by simply being given 2 months notice, in writing, taking effect after the fixed term ends (and, if given after the end of the fixed term, expiring on the last day of a rent period). No reason has to be given. Where a disp
  5. The starting point is this: what does your tenancy agreement say? Take it to a Solicitor and obtain his advice as to who is liable to pay the electricity bills under the terms agreed. If the tenancy agreement makes the tenant liable to pay the bill for electricity, then the landlord can not have deducted money from your rent deposit in order to pay an electricity bill. If he is not liable for payment, the electricity company will have sent the bills to you, not to him, so he would not even know about any unpaid charges that you owe. So, in that situation, what you are suggesting
  6. Section 21 of the Landlord and Tenant Act 1985 applies to residential leases only. See section 18(1) of the Act: http://www.legislation.gov.uk/ukpga/1985/70/section/18 Landlord and Tenant Act 1985 - Landlord and Tenant Act 1985
  7. My advice is applicable only if the rented premises are in England, and only if you were granted a tenancy (under which you had exclusive use of the premises, which were not shared with another tenant nor with the landlord) and you were over 18 years of age when the tenancy was granted. Consult a Solicitor for advice, it is a complex area of law. Or try the Commercial Property Forum - http://www.landlordzone.co.uk/forums/forumdisplay.php?8-Commercial-Property-Questions A business lease can be invalid in some circumstances, for example if it's granted in breach of a prohibi
  8. My comments only apply if the premises are entirely within England. This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation. You can't have a tenancy, or even a licence. For a contract to be validly created, and therefore legally binding, there must be - (a) an offer to reserve the property, made by the landlord; (b) an acceptance of that offer by the tenant; © a payment, usually of money, by the tenant; (d) an intention to create legal relations - which is presumed to exist unless the landlord and tenan
  9. My comments only apply if the premises are entirely within England. Only a Court can decide what the legal effect of your tenancy agreement is. Will you please provide the essential information requested in the "sticky" thread Questions for new posters. If you have a Housing Association tenancy granted in the 1990's, chances are it is an Assured tenancy, granted under the 1988 Housing Act. Such a tenancy can only be terminated if you break one of the terms and conditions set out in the tenancy contract. You will need legal advice in order to understand the meaning of
  10. My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted. This posting is supplemental to the information in this forum's "sticky" threads and is NOT to be read in isolation. Will you please provide the essential information requested in the "sticky" thread Questions for new posters. There are many other questions to ask: • Are the premises i
  11. My comments only apply if the premises are entirely within England. Only a Court can decide what the legal effect of your contract agreement is. All we can do is suggest some matters that might be relevent to the court's decision. Contracts which cannot be Assured or Shorthold tenancies The following, if granted today, cannot be assured or shorthold tenancies: • a letting by a resident landlord; or • a licence. Verbal agreements For a verbal contract to be validly created, and therefore legally binding, there must be - (a) an offer to let the room,
  12. You misunderstand. The Ombudsman does not have any power. The Ombudsman scheme is a voluntary arrangement, with no legal effect. Whether or not you go through a complaint with the Ombudsman, your legal rights are not affected. You can still sue, in a court, in either case. The purpose of the Ombudsman scheme is to give consumers a free means of raising a complaint oif malpractice, in a less complex forum than the court. It adds an extra option; it does not take away a tenant's legal rights - such as the right to sue in a court. The purpose of the small claims division of the cou
  13. As I read the initial post, she has a private landlord. She talks about seeking help and advice from the Council, with a view to talking them into housing her, I imagine; but she is specific that she currently has a shorthold tenancy, and that she does not wish to rent privately in future. The phrase "I can't afford to go back into private renting" I take to really mean "I can't afford to continue with private renting".
  14. My comments only apply if the premises are entirely within England, and you were granted a shorthold tenancy (under which you have exclusive use of a separate dwelling, and the landlord does not live in the same building), and you were over 18 years of age when the tenancy was granted. Only a Court can decide what the legal effect of your tenancy agreement is. Fixed Term: Ending the Tenancy If the tenancy is for a fixed term, the tenant has a legal right to remain until the fixed term ends. The tenancy can't be ended early unless: a. the tenancy agreement itself con
  15. My comments only apply if the premises are entirely within England The Government Guide to Tenancy Law The guide is titled "Assured and assured shorthold tenancies: a guide for tenants", published by the Department for Communities and Local Government. You can read it at - • http://www.homes4u.co.uk/includes/uploads/file/guides/ASTs.pdf Tenancy for LESS than 3 Years A verbal tenancy is valid if the term is 3 years or less, if the rent payable is a market rent (i.e. "the best rent reasonably obtainable") [section 54(2), Law of Property Act 1925].
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