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topletters

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  1. Hi Received a strange phone call from someone saying he is from a company called DMP, claiming to be an agency for several creditors who allege I am in debt to them. He spoke in very broken English and when I tried to get a phone number for his company and their address, he said he could not give his number and he mumbled a few things for their location such as London and 2 characters of a post code. He also said I owed a lot of money in taxes to the UK government. I told him that at the moment we have no debts, although have had in the past, and that no one has actually written to u
  2. Hi My guess is that the landlord does not have a case to retain the deposit. On the one hand, your son may have a bit of a battle to get the deposit back if he has nothing in writing from the landlord confirming he is happy with the condition of the property, or there being no inventory. However, your son would stand a good chance, as I see it, of getting his money awarded in full if he took the landlord to the Small Claims Court. For a start, it is a criminal offence under Gas Safety (Installation & Use) Regulations 1998 for a landlord not to provide a gas safety certificate fro
  3. Hi Mark To take a claim to a Small Claims Court would cost £30.00 if you are claiming anything up to £300.00. I believe it is £45.00 if over that. Even if you have doubts about actually applying to the SMC, to warn of such action in your letter might just persuade the letting agent to back down. I have seen it happen many times. Another option you could consider is contacting the housing advice team of your local authority and see if they will mediate with the letting agent on your behalf. You could also speak to your nearest SHELTER office. Best wishes topletters
  4. Hi My first question to you be this: did you do an inventory check with the letting agent both when you moved into the property and on the date of your departure? Did you take any photos of the condition? Another question I have is to ask when did your tenancy commence? If it happened to be after 06 April this year, your deposit would be protected. If you are adamant that you did not apply this paint they suggest you did, and assuming they cannot prove it, I suggest you write to the letting agent pointing this out and that if they do not refund the rest of your deposit within say 7 o
  5. Dear Michelle Having work in a council housing advice team for many years, I have always understood that there is a responsibility upon your council's staff to ensure they give you the correct information. Those 2 inspectors that doors were not part of the council's rolling maintenance programme, and that it only applied to windows. You asked if it was okay to install a door at your own expense, and were advised it was not a problem. If there was any doubt in the minds of those 2 inspectors about the door, they should have at least checked with their office that doors were not part of a r
  6. Hi My apologies if I misunderstood about the notice I had assumed was issued by your landlord. When you gave notice yourselves to terminate the tenancy it seems you did so in accordance with the contractual term of your tenancy - taking account of the expiry date in April. I therefore believe that your deposit should be refunded - at least the portions for the 2 who have left. The tenancy as was agreed at the outset has clearly ended. I would consider my earlier advice and warn the landlord in writing about possible Small Claims Court action. Regards
  7. Hi If your son feels in anyway harassed or intimidated by the landlord's actions, I would advise for him to contact your local authority to see if they will liaise with the landlord on his behalf. Shelter are also a good service to speak to as they have extensive knowledge of landlord & tenant law. I know that our own local authority provides such a service, and hopefully your own will do likewise. Legally, he is within his rights to refuse access to his landlord (Housing Act 1988). Regards
  8. Hi First of all, I would check through your tenancy agreement and see if you have what is known as 'break clause.' This is a clause which grants you the option to the terminate your tenancy before the contract expiry date without penalty, which means your deposit should be refunded so long as no breakages, deterioration etc apply. Such a notice is usually for 28 days. If there is no break close, it is at the discretion of the landlord whether to allow early termination. If not done already, I would check that the landlord will not charge you rent up to the end of the 12 months. Any n
  9. Hi I take it that your son's landlord is not one who resides at the property. By law, the landlord is first of all obliged to give your son at least 24 hours prior notice in writing (Landlord & Tenant Act 1985). Even having done that, your son is legally entitled to refuse access to the landlord or anyone acting on his behalf. Although your son does not own the property, it is still his home and the law grants him the right of 'quiet enjoyment.' In his shoes, I would be suspicious of the landlord's motives in asking him to be absent from the property while the visit takes place.
  10. Hi I believe you have a good case to at least expect to see written quotes provided by the landlord detailing the costs of carrying out the work. After all, it is your money that they are retaining. When did your tenancy commence? Was it before or after 06 April this year, because that is when the new Tenancy Deposit Protection provisions came into legal effect? That would make a very significant difference. If your landlord seems to show no indication of getting the work done, I would write to them giving 14 days to refund you the monies due. Otherwise, threaten the possibility of S
  11. Hi I would first of all start by checking through the original tenancy agreement, if you still have it, and looking at the section outlining what your deposit would cover. Does it say anything about how the the deposit would be divided up and paid in the event of the tenants vacating the property? A question that occurred to me here: You say that a notice seeking possession was served which all 3 tenants signed to accept. Yet, I note that one person has continued in occupation well beyond the notice expiry date. Has that remaining tenant been granted a new tenancy in their sole name,
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