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Posts posted by 45002

  1. I have read this thread and I have to say I am really shocked. I had no idea that the DWP could use the result of a medical assessment of one benefit to disallow another. Maybe that sounds a bit naive but I wasn't aware this could be done.


    I hope you win your appeal, good luck.


    It is a bit confusing ?


    I cant understand how a IB/ESA medical can affect the DLA claim as well ?


    DLA is a far more harder to claim than IB/ESA and and unless anythink has changed ? all claims for DLA are by one office in Blackpool Disability Benefits Helpline - for Disability Living Allowance and Attendance Allowance : Directgov - Directories and not by the local JCP..


    The medicals for DLA are much more tighter,mine was done by a GP (not mine) and a review was carried out a few years ago at my home by another GP.



  2. hi emma. doubt that would do as they only have a nick name for him, no surname, I know this because i asked them to check the registry roll but because they didn't have his full name they said they could'nt it only contained previous tenants who they can't contact either because they were listed at the same address, i suppose that was obvious really.

    another point is he is not doing any maintenance work which needs doing and they don't know if they can use the rent to pay for urgent repairs.


    Hi Pen


    Use this official government website https://www.landregistry.gov.uk/wps/portal/Property_Search


    All you need is House number and postcode,a debit or credit card and it cost £4.00


    You can only use the service 7am and 12 midnight, Monday to Saturday.


    MARTIN :wink:


    PS: you have to register at that government website,but thats easy :wink:

  3. One is actually permitted to open mail that has been delivered to your address, in order to re-address said mail/delivered items.


    I suggest, that you telephone Consumer Direct on 08454 04 05 06;

    Consumer Direct provide advice on behalf of the Trading Standards Service;

    Trading Standards, are the Consumer arm of the "Office of Fair Trading".


    Consumer Direct, will advise you about, how to put a STOP to this unwanted mail.


    Please telephone Consumer Direct tomorrow.


    Good Luck.




    Dont open mail that is not addressed to you,i am imformed that it is a criminal offences openning mail Not addressed to you by a phone call i made to Royal mail customer services a while back.......


    Just pop in back in the post marked "Not known at this address" and Royal mail will do the rest,even if it doesn't have a return address on,Royal mail returns letter branch are allowed to open mail in theses cases.



  4. I must apologise to SD 1st for hijacking his thread :wink:


    To cut a very very long story short,my LL is the type of person along with his wife,is allways right and never wrong,also they think tenants have No rights at all and they kick people out where ever they like just because they want to sell up...


    My LL now knows what my rights are and what his are,but still doesn't get it:-|


    I moved into my flat approx at the end 1984 and live along with my 2 moggies,this is the only thing me and my LL can agree on is the date i moved in and my LL lives next door in there house with his wife..


    I know All about my rights from solictor and that i could pass on my tenancy on to family member if i kick the bucket and so on.


    My LL has never given me 1st refusal to by the flat,but i could not afford to buy it anyway


    Also my local council Advice for Private Tenants - Birmingham City Council private tenancy dept have had to write to my LL telling them of what my rights are.


    But as i said early on my LL still doesn't understand why i have the right to stay,another problem is or was the estate agents giving out false information out about my tenancy to people wanting to buy the house,but been sorted out,i could go on and on aand on and on,but would end up writing severa pages on this forum...............



  5. I personally don't see any reason that the OP will need to seek further legal advise. Your AST will transfer to the new landlord on the same terms regardless. You have the same rights, if your on a fixed term the new landlord cannot evict you until after that fixed term and will still need to provide 2 months notice.


    If the new ll does want to move in to the property it might be something you should expect, and would suggest talking to them about it. Though at this stage there is nothing to worry about, everything carries on as normal.


    Do remember your rights of quiet enjoyment are still standing, so should the ll or someone else want to show perspective buyers around they will of course need to seek your permission first. They can't just barge in.


    Better to be safe than sorry and seek legal advice away :wink:



  6. Advice required please,


    What are my rights should my LL decide to sell his property to someone else?


    Any direction please?






    Hi SD


    My landlord has been trying to sell where i live now for 3 years now even longer if they had told me the truth in the 1st place ,but thats another story :wink:


    You should seek legal advice ASAP on what your legal rights are


    A solicitor,CAB Citizens Advice - the charity for your community or if your on a low income or benefits Community Legal Advice - free legal advice for residents of England and Wales, paid for by legal aid


    Just out of intrest how long have you lived there and where does your landlord live ?


    Rights in what way? If you are on a shorthold tenancy, that continues. The buyer buys the property with a sitting tenant. Of course, the seller may have forgot to tell them that, but that doesn't change anything.


    Too true in my case.


    Fortunately for me,unfortunately for my landlord,my tenancy is regulated tenancy/sitting tenant moved in before 15/01/1989 and my rent is registered under 1977 rent act :wink:


    What my LL has told estate agents and people viewing the property,im the tennant from hell,only lived there 6 years and the estate agents giving duff information to my LL and people viewing the property Beggers belief..


    I could right a book on it all,but now estate agents and people viewing now know the truth about my tenancy..



  7. My landlord would love to tell you,he must have keys and come in when ever he like as often as he like, Err NO


    Always seek legal advice what ever type of tenancies you have.


    I must point out 1st my tenancy is a regulated tenancies moved in before 15/01/1989 and the landlord does not live on the property.


    When i sort legal adivce about my tenancy sometime ago,one of the question i ask was about access by the landlord and Keys and what i was told applies to most if not all type of tenancies.


    If a landlord needs to come into to your home to carry out repairs,check the gas with a engineer and so on,they must give you 48 notice and ask your permission 1st,if your not in tuff luck your landlord will have to rearrange a date convenient to the tenant and not the landlord.


    If a landlord goes into your home with out your permission,then it could be classed as attempted bulgary? what if somethink went missing from your home and you find out your landlord has been in while you been out.


    Keys, i am told a landlord is Not entitled to a spare sets of keys to go into your home when ever they like and with out your permission.


    There are good and bad landlords out there,but you are entitled to your right to privacy which some landlords dont seam to understand.


    If your landlord insist on a spare set of keys, ask yourself why? ask your Landlord for a spare set of keys to there Home and see what they say.




    PS, I changed my locks 20 years ago and my landlord comes in at my at my convenience.

    However i do let my landlord in with 48 hrs notice to carry out any repairs,gas or electric safety checks with qualified person and i never leave them alone.......

  8. For some years now my landlord thinks its OK to open mail of former tenants


    How do i know this about 2 years ago i noticed a lot of mail for a former tenant who had moved abroad,my landlord told me he left owing 50,000 pound's on bank loans,credit cards and so on,i ask him how he knew,his words where.


    We been opening his post,i ask him what rights did he have to open mail not addressed to him,his reply,its my bloody house i can do what i like,i informed him he should just put it back in the post,return to sender,left this address.


    He also like's to rush around everyday to see what post i get,but i make sure i'm there 1st



  9. Hi everyone,if any of you have followed this thread http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/163351-regulated-tenancy-planning-permission.html


    your know i had one or two problems,to bring you up-to-date the sale to the Property developer fell through due to him beening unable to raise money to buy the house,but i strongly suspect that the fact was he knew i wasnt going to move out and been unable to start building work.


    The house is back on the market Againicon9.gif ,but for the 1st time and much to my surprise its on estate agent website,but there is no details at all of my tenancy.


    What i want to ask is,does the estate agent have to post details about my tenancy along with the details of the sale of the house on there website ?or just put with one sitting tenant someting like that.


    Is it a breach of advertising laws there no mention my tenancy and the fact is anyone buying the house gets me and a regulated tenancy


    I do hope you can understand me and look forward to any replys and advice



  10. Update.


    Thanks for the replys


    Just to let you know,my landlords retrospective planning application was Approved today.


    There nothink now to stop the buyer resubmitting his planning application,which this time i write a objection to on the grounds i have No plans to move out and how can building work start with me living there ?


    and ask these guys Planning Aid - free advice and support on planning issues for help with a objection.


    It may or may not do any good me objecting to new planning application,but at least it will be on public record,as the buyer is not very keen taking on a regulated tenancy and may or may not use building work to try and force me out ?



  11. Hello Mrshed


    Just to update


    Private tenancy Officer who been helping and advising me,has spoke to the planning officer and decision on retrospective planning application has been reffered to council solicitors for advice ?


    The Private tenancy Officer has told what ever the decision is,it wont effect me.


    I will keep you up to date when i hear more.




    PS,Just found out there was NO planning permission as the House stand now and this is going back to 1974 when my landlord started renting out ?

  12. The ONLY reason for this that I can think of is that the house as it currently STANDS was done without planning approval....


    Hello Mrshed


    Just to update


    Private tenancy Officer who been helping and advising me,has spoke to the planning officer and decision on retrospective planning application has been reffered to council solicitors for advice ?


    The Private tenancy Officer has told what ever the decision is,it wont effect me.


    I will keep you up to date when i hear more.



  13. Hang on. A retrospective planning application is a planning application for work that has ALREADY been carried out. Has any work been carried out?


    Thanks for the reply


    No work has been carried out,the plans submitted with the retrospective planning application,are as the house stands now.


    I spoke to the planning officer a while back and a retrospective planning application is needed, somethink to do with HMO, before the person buying the house can put in another planning application.



  14. Hi Every one


    Just to keep you uptodate.


    After the planning application was withdrawn back in Oct 2009,my Landlord has now put in a Retrospective planning application for house where my flat is.


    I found this out on Monday and ask for all the paper work from my local planning office.


    From reading all the documents,the Estate Agents have submit a Retrospective planning application onbehalf of my landord,somethink to do with HMO and needing planning permission.


    The planning office asked for proof the house has been in Flats/bedsits for more than 10 years which the Estate Agents have done on behalf of my landlord,i to have also submitted proof of my tenancy and how long i have lived there much to the annoyance of my landlord.


    From the letter and documents submitted to planning office,a sale has been agreed,but my landlord needs retrospective planning permission,before the people buying the house can submit another planning application.


    I contacted private tenancy Officer at my local council Again to find out what the hell is going on ?


    Watch this space



  15. BUMP


    Just to update you


    On Friday 24th October when any Objection or comments had to be in by.


    The Agent phoned the planning office up on Friday 24th and withdrew the planning application.


    Now i wonder why they withdrew the planning application ?


    Maybe it was my letter i sent to my local planning office,copy below



    Dear Sir or Madam


    I wish to make some comments on the above Application Number 123456.


    For approxmently 23 years i have lived at Flat X, The road,Anytown and i hold a regulated tenancy ( moved in before 15th January 1989) and my rent is registered under The Rent Act 1977 is amended.


    I am somewhat concerned about this application for planning as i have No plans to move out and im also very concerned that the Applicant Mr Z or his Agent have not contacted me to keep me Informed of there plans.


    What i would like to ask is how can this application go ahead and building work start when i live at Flat X, The road,Anytown as i have No plans to move out.


    Yours Sincerely




    October 2008


    MARTIN :wink:


    Personal details removed from letter

  16. Forgot to add


    Do you current occupy the entire house? or just a certain section of it?

    Givern the plans,it would be near in possible to rebuild with me in it ?


    I would suggest that with your regulated tenancy and the impending destruction of the financial and housing markets you have very little to worry about.
    Yes thats true,im not too overly worried now that i know whats going on


    Thanks again :wink:



  17. Hi Everyone


    Thankyou again for your replies.


    Just to say i have Not objected to the planning application,all i have done is make comments on the application to the planning office,in writing and by recorded delivery.


    All i have said in my letter is,i have No plans to move out and also explained about my tenancy,my letter will be put into public records at my local planning office and on there website,when the decision is made,my letter will be read out,so everyone knows including the developer :wink:


    All i have done is gone on public record,saying what i intend to do,just incase :wink:


    Once again i do hope you can understand me and thankyou for your replies,feel free to ask me about anything you think i may have missed out.



  18. Hi Everyone


    Thankyou for the replies


    Since i last posted i have found a few things out.


    I contacted the planning office,who advised me to contact Planning Aid - free advice and support on planning issues


    and i phoned them for advise,telling them all about my tenancy,and the planning application.


    Its seams i dont have much rights to objecting to planning ,these are the main points

    Planning matters include: ,loss of privacy ,loss of light,intensity of development,design and appearance,highway matters such as concern that the proposal would increase traffic and parking in the area,community facilities.

    We cannot take into account comments on the following types of concerns

    ,loss of value to the property,commercial competition,loss of view,disturbances during building work.land ownership disputes.


    However planning aid did point out that there is No way building work could start with someone living there,and as i have No plans to move out.


    One thing i can do and which i have done,is write to my local planning office and made some comments on the application,what this will do is force this out into the open.


    If you make objections or make comments on a planning application,the planning office will record objections or comments and will be available to anyone to inspect.


    My comments are


    How can this planning application go ahead as i have no plans to move out and i also explianed about my tenancy, i kept the letter short and to the point,its now up to the planning committee to pass my comments onto the developer and the developer will have to reply to the planning committee,all i have to do now is wait to here from my local planning committee.


    The fact that the current owner and developer have not returned my phone call,letters and Emails makes me think there up to no good.


    If regards to my rent i always made sure thats been up to date for the pass 26 years and im in regular Contact tenancy Officer from my local council.


    Once again i do hope you can understand me and thankyou for your replies,feel free to ask me about anything you think i may have missed out.



  19. Hi Everyone


    Following on from this thread



    I hold a regulated tenancy and my rent is regulated by 1977 rent act and lived there for 26 years now.


    My landlord has been trying to sell the house i live ( large victorian house)for the past 2 years now with no luck.


    Back in May this year my landlord turned up with 2 gentleman wanting to show them around my flat,a Property developer and architectural,i had to refuse them as i was on my way out and my landlord had give me No notice of the vist,however on my way out i did speak to the 2 gentleman and they told me of there plans for the house.


    I told them that i would not move out and also told them about the type of tenancy i had,they didnt seam very intrested and they wanted me to leave,if they went ahead with the sale.


    It was at this point i told them i didnt what to speak anymore about my tenancy unless i solicitor was present,that was that and they went on ther way.


    On Monday of this week i found out that Property developer who came around in May this year had put in for Planning permission to convert the house i live into 4 top of the range one bedroom flats.


    Whats shocked me about this is no one told me about this,i had to find out myself about the Planning permission via the internet,i have phoned the developer 3 times now to find out what the hell there going to do with me as i have No plans at all to move out, to date no one has contacted me


    Whats even more puzzling is my current landlord has still not sold the house where i live, yet the Property developer's have applied for Planning permission.


    I dont know what to do now if anythink ? the fact the developer said he would ring me back and has not makes me think there up to something unto wards.


    I did think of objecting to the Planning permission,but im not surer if i can and on want grounds i can object to ?


    Hope you can all understand me and any advice i would be greatfull for



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