thanks for your reply

Hello There, I am ending my tenancy and leaving the two bedroom property on March 07, 2009. When we moved in, about two and a half years ago, no formal inventory was done. However, the flat was unfurnished anyway. The carpets were okay but not new and the walls were not painted new either, there were marks on the walls but not too many. I am a father of two young daugthers, one of whom has been born while we were living in this property. Now you know that little children do spill drinks on the floor and carpets. Sometimes they also draw occassional pencil lines on the walls. We have been trying to clean the walls and carpets as much as we could, but they are definitely not in the state when we moved in. The carpets has been degraded and the walls have some more marks too. My question is whether the landlord can charge us for new paint and carpet cleaning, or whether this issue comes under "fair wear and tear" clause (and thus not chargeable from our deposit)?

I have been offered a shorthold assured tenancy agreement by a landlord on the property I chose. The landlord on the sidelines agreed to pay council tax and water bill of the property during tenancy. However, the agreement terms and conditions specify otherwise. I wrote on a piece of paper the following clauses for him to sign: The following terms override any terms in the original contract: 1- Full council tax bill would be paid by landlord. The tenants are not eligible for any discount on council tax and the payment of the full bill is the responsibility of the landlord. This includes paying the bill issued in the names of the tenants. 2- Water bill in full would be paid by the landlord. Tenants are not responsible for any water bill issued in their name. My questions are: 1- Would this seperate sheet override the clauses in the original contract? 2- Can the council tax responsiblity be shifted from the tenants to the landlord in this way? (he says that he would save some taxes by putting these bills as his expensives, however he has increased some rent). Legally, who is obliged to pay in the case of non-payment? 3- If the landlord doesn't report that property is occupied by tenants, who is responsible for that? 4- Lastly, is there any council tax on a vacant property which has no tenants, but does contain furnishings e.g. fridge, washing machine, dining table etc. thanks Ammar

Hello, I bought a Kingsmill Bread 50/50 with Omega 3 and me and my family took few slices (toasts), however we found something funny on atleast two slices. pieces of white rubber stuck in the slices!!! Obviously we stopped eating and were disgusted by the experience. We called Kingsmill about the incident and they said they would send a package to collect the samples. However I want to ask if we can have some sort of compensation (financial) for this incident. Is this sort of scenario usually lead to a compensation or not? If it does lead to compenation, then what are the avenues to reach this goal. Thanks a lot.

Thanks for your helpful answers.

Thanks for all the responses. I agree with Steve that they can oust me in future if they want. I just visited CAB yesterday and saw a trainee lawyer, who didn't have much idea. She concerned me by saying that since my contract is ending on Aug 12, 2008, staying after that in the property might be illegal and the landlord doesn't need a two months notice in this case. But she wan't sure. Q- I just want to know, can I continue my tenancy after Aug 12, 2008 as I have not been issued a two months notice nor did I give a two months notice. All I received is a letter that the rent has to increase in the new contract? Q- Will the continuation of my tenancy (after Aug 2008) fall under periodic tenancy clause although the other party (atleast the estate agent) doesn't want my tenancy continue after that? Q- I don't want to agree to this rent increase? What are my options? If I don't sign a new contract although the other party wants me to sign a new 1 year contract on higher rent, what will be the nature of my tenancy after Aug 12, 2008 then?

Hi, The agency representing my landlord has asked me for an unfair increase in rent (from £900 to £1100) when my current contract expires on Aug 12, 2008. At the sametime, they haven't protected my deposit (£1350) and due to some reasons, I have not pursued my landlord by a law suit. Now the agency representing my landlord is saying they want to market the property and would give us a 24 notice before showing the property to a third party. I don't want to leave my current property (and want the property to continue as a periodic tenancy) and I believe if my despoit is not protected, they cannot evict me. Do I have the right to to deny them any property viewings by prospective tenants? Thanks

Thanks for your helpful reply. I know landlord has to protect my deposit and he hasn't done so. I haven't chased him so that the relationship is not ruined. However the agency representing landlord is a notorious one for giving hard time to tenants. I have been in this property and was never late in the payment of any rent, but still they always come up with a harsh note. Landlord is nicer than the agency, so I thought of not chasing up for the deposit protection. I meant to serve 14 day notice for protecting deposit or face the court after 12 August 2008 when I would be on periodic tenancy rather than on a contractual tenancy. My contract ends on that date.

Thanks for you reply. Few questions: * Suppose they issue me an eviction notice (and I know and they know they haven't protected my deposit), what do I need to do? Do I need to do anything? * Secondly, when a formal S13 notice is issued for the rent increase, how much notice period is given for that. In our tenancy we have a notice period of two months....So would that be a two months notice before a rent increase? * Lastly after 12 August, if we haven't signed a new contract, my tenancy would become a periodic tenancy. Could I still issue a notice to my landlord to protect my deposit with 14 days in that period? (My contract was signed 11 August 2007)

Hello There, First of all I would like to thank everybody on this forum who are helping the consumers a lot. Their service is really very precious. I had posted a thread on these forums that my landlord is not protecting my deposit and I received some valuable information. Due to advice from some members, I thought I would not pursue my landlord/agency for the deposit as it would seriously harm the relationshiop and unnecessary tensions. So I didn't pursue them further for tenancy deposit protection and they didn't protect it either. My yearly contract is going to end on 11 Aug 2008 and I received a letter from the agency representing my landlord that the contract is due for renewal and they want to increase the rent from £900 to £1100 (which is very unfair in my view). I don't afford to pay this hike in rent, and don't want to leave the property so quickly either. What are my options? Can they issue me an eviction notice if they haven't protected my deposit? Any other helpful hints would be really appreciated. Thanks a lot

Thanks a lot. Ofcourse the difference between 1800 and 1350 is payable and I strongly believe in the honesty and not exploitation.

Hi, I am living in a two bed room apartment in Kingston Upon Thames and recently my tenancy agreement was renewed with a new contract. That is after 6th of April 2007 and thus, my deposit (£1350) should have been protected. My deposit is held by the agents looking after the property, however, reading from these forums, I have come to know that landlord is responsible for protecting my deposit. On asking landlord, he pleaded with me that agent is giving him hard time too, and he promises that my deposit would be returned to me on leaving the property, but he is finding it hard to pressure the agent too. He pleaded with me not to go to the county court for this. Given this situation, I really don't want to be unkind to the landlord, but at the sametime, don't want to risk the return of my deposit when leaving the property because it is held by rogue agents. I have a notice period of two months when leaving the property, and I am thinking to hold the rent for those months until my deposit is returned and settle everything on the last day. What legal harm can the agents/landlord do to me in this scenario (given that landlord betray the trust which ofcourse people do in money issues). My contract has a written clause that I am obligated to pay rent every month (£900/month) and I cannot hold it. Thanks for your reply

Thanks a lot. I am the current tenant and living in the property. Your last paragraph is what I want to know about. What sort of claim to be filed for a deposit of £1350. Never had filed a claim in a county court, so I don't know what kinds of claims are available. Kindly let me know the details of this particular. I know classically that you make a small claim against somebody, who owes you money, however, here we are talking about TDS, so there is an element of confusion here.

I have posted on this forum before and got precious advice. I have politely mailed my landlord but he is not complying and ignoring me. Now what is the roadmap for the course of legal action I can take. Please include all the details e.g. * Do I need to write him a formal "Letter Before Action" and whats the format of such a letter? How is the letter sent to the landlord? i.e. by registered mail? etc. * How is this case taken into the county court? etc. The deposit kept with him is £1350. Please include as many details as you can and thanks a lot in advance.

Thanks a lot. I would have few more so please bear with me: 1- Under Housing Act, who is responsible for letting me the know the address of the landlord. Is there a website which shows the addresses to the landlords of properties? 2- If I take the matter to the court, what is the procedure for this claim. I have told the agency and my landlord about protecting my deposit, but haven't sent them a formal notification by registered mail? Do I need to send them a formal notificiation by registered mail threatning court action or can I go directly to the court and file a case? 3- Could you please elaborate or show a roadmap for cases involving Tenancy desposit protection. Thanks Ammar

Thanks a lot. It will surely help

Hello, I am living in a flat which is being looked after its landlord's agent. The agent is extremely rude and unprofessional. They also have a bullying behavior where on asking simple questions about their registered address, they reply back e.g. Are you sure you are okay? You don't have a problem? We are very busy to reply you etc. I being the customer, don't expect to be treated like beggars. I would even like to disclose their names, so that somebody else can be warned about them: Charlestate Estate Agents 2 Cambridge Road Kingston Upon Thames KT1 3JU Now I would like to know about my options as if I can complain against them or a consumer rights agency whom the complaint can be sent to? I have also told about them (about the agents) to my landlord and asked him to change them (the agent) or I would have to eventually leave his property, however it seems to have fallen on deaf ears. I would like to add here , that throughout my 1.5 years of tenancy, I have always paid exactly on time by direct debit and I really don't expect the behavior I have to face at their hands.

Hello, I just want to be very certain about this aspect therefore I would like to write the main page of the contract : Date: 28.07.07 Lanlord: [landlord's name] (note: doesn't contain his address) Landlord' Agent: Charlestate Estate Agents 2 Cambridge Road Kingston Upon Thames KT1 3JU Tenant: [my name] Property: [property details] Deposity: A deposit of £1350 is held by Charlestate ........................................................... ........................................................... So, here you see that the address of the "landlord's agent" is included and also it is written that the agent would keep the deposit. However, the contract is signed between me and the landlord. Therefore, as you stated, is the landlord responsible for the deposit? And if I need to send the landlord a registered mail, I don't have his address. How can I find that? (although I have his business address, but I don't have his acutal or home address). Thirdly, what is the "roadmap" of entering a county court case for "tenancy deposits"?

My contract was signed in August 2007 and therefore should come under the TDS rule. The agency who is holding the deposit as well as looks over the day to day dealings is holding the deposit and is clearly mentioned on the contract. The agency says that landlord need not be bothered about anything and I should come to them for every matter, as the landlord pays them for that purpose. Therefore who is responsible here? Secondly, if I have to issue a notice, whom to issue such notice that I am going to the court if they don't comply?

Hello, I am a tenanct living in my flat for more than a year now and had to sign a new one year contract with the "Estate Agent" looking after my property. The tenancy type is Assure ShortHold Tenancy and the amount of deposit with them is £1350 which is equivalent to 1.5 months of rent. According to the new legislation, from 6th of April 2007 all tenancy deposits taken by landlords/agents have to be protected, however, the Estate Agent that is responsible for my property is failing to do that despite repeated emails to them. They have replied back very rudely and have the email record of the correspondance. It has been more than 2 months now that my deposit is not protected. Now another dilemma is that the company doesn't seem to be reigstered with Companies HOuse. If you search for the company name, its information comes up as: (WebCHeck - Select and Access Company Information) ------------------------------------------------------- CHARLESTATE LIMITED 78 RICHMOND ROAD KINGSTON UPON THAMES SURREY KT2 5EL Company No. 04549474 Status: Active - Proposal to Strike off Date of Incorporation: 01/10/2002 Country of Origin: United Kingdom Company Type: Private Limited Company Nature of Business (SIC(03)): 7031 - Real estate agencies ------------------------------------------------------- However this office is deserted and I don't think any mail is collected from here either. Their actual address (from where they conduct business is) ------------------------------------------------------- Charlestate International Endeavour House, 2, Cambridge Rd, Kingston Upon Thames, Surrey KT1 3JU Tel: 020 8549 7774 ------------------------------------------------------- But this address is not registered nor is this name:"Charlestate International". * What are my options with them? * What are my legal options? * If I go to the county court, I need to file the claim against whom and what is the process for Tenancy Deposit Protection claims in a county court. Please explain in detail.? * I checked with Housing Advice Helpline, and they told me that my landlord is responsible for the deposit (and not the estate agent) though they were not sure, however, all my dealings are with the Estate Agent and the contract clearly says that my Estate Agent (Charlestate) holds the deposit. I came to know about the owner of the property (or landlord) just because his owns a business next to my residence, otherwise all my dealings are with the Estate Agent. So this whole affair becomes more confusing. Any help would be greatly appreciated. Please ask me questions for any further clarifications. Best Regards.