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Everything posted by ShortlyTdwarf

  1. Yes he can seek possession, but if he uses section 21 then he has to give you 2 months notice to quit the property, and even then he has to allow you to be in the property for a minimum of 6 months. If you pay your rent monthly, shouldn't it not be due until the 27th march? If that is the case then it won't be 14 days overdue until the 11th april. By which he cannot seek possession as it won't be 14 days overdue on april 3rd. Don't panic. If he was going to get stroppy about the rent being a little late you would have heard something by now, since you left messages on home and mobile phones and emailed him too. I'm sure he would have got at least one of the messages by now.
  2. Artee, ignore the PPC troll peternet. Read a few of the sticky's on this forum and if you need clarification post in a thread of your own and knowledgeable people will advise you. Their "fines" are nothing more than penalty charges which are irrecoverable in court, so don't worry. I've had three tickets from three different companies in the last year, and, despite never telling them I was not the driver, not one has had the balls to take me to court yet. I live in hope that one day one of them will......
  3. To be honest, I don't know. This all depends on whether it states anythig in your agreement about keeping the outer door locked at all times. Personally, I'd be inclined to remove the lock and take it with me, but I can't recommend that you do it.
  4. Congrats. Just the result you needed. Best go give your decision on the new job now then. Good luck.
  5. Fair wear and tear need not be a clause written into an agreement. A LL cannot withhold any of the deposit for anything that could be construed as "fair wear and tear". But I think at the end of the day this would be something that would have to be decided on by a judge as to whether the indents in a floor caused by heels can be construed as damage or FWAT. I agree with what you say regarding the fact that if the floor cannot withstand heels then it is unsuitable for the purpose.
  6. In light of the fact that it was changed when the LL knew the tenant was in the property I don't think they could use the excuse that the tenant did not collect the new key. If you have paid rent and been given a key to your flat, then you now have an agreement, irrelevant of whether you have signed anything. Though I would have thought he would have given you the agreement to sign by now. From what you have said I would guess that your rent is £500pcm? If this is so, then you owe him less than one month's rent. Totally unacceptable behaviour for that amount of arrears. But, as said before, by accepting money and giving a key you already have an agreement. He cannot get you out now for the next 6 months. I would recommend that you offer him the deposit and make up the rent and try to talk to him to calm him down. He has acted very unreasonably in regards your arrears, but this may calm things down. If you have any mitigating circumstances for the late payment it might help to tell him. If this doesn't work then I would suggest going to seek advice from CAB or Shelter regarding the matter. Either way, you may want to prepare to move out after the 6 months are up.
  7. Different mortgage companies have different ideas regarding buy-to-let property. Where one will insist that you have a certain type of mortgage specifically tailored to the letting market, others will allow the letting of a property on whatever mortgage you have. There is no set standard.
  8. This is a totally unacceptable way for any LL to behave. You do have some rights regarding what they are allowed to get away with. The Landlord, though some think otherwise, is not God where his property is concerned. A little more info here may be helpful. What tenancy do you have? Is it an assured shorthold or has it rolled onto a periodic? How behind are you in rent? When and for what reason did the LL change the lock on the outer door?
  9. There is no legislation that allows for any compensation for a failure to provide hot water to a rented property. You do have an obligation to ensure they have it, but it seems that they have agreed to a £100 reduction in rent by way of compensation. If they are withholding due rent claiming it as compensation for the inconvenience, then they are breaching the terms of the agreement and you would be entitled to claim it back in a court. But whether you would get it would depend on several factors, including how the judge saw things relating to your dealing with the problem. I think that your current agreement of compensation is fair, but I'm not a judge. However, what they are doing is a definite breach of a standard AST whereby the tenant agrees to pay the rent on time. Try talking to them about it and letting them know that what they are doing is a breach of their agreement, and that you have already agreed to compensation for them. Looks like they are trying it on to see how much they can get out of you since you readily agreed to a £100 reduction. In future, I would not recommend letting property to friends. It doesn't make for good business practice.
  10. Sorry, the link may not work as it is just a copy of the info from company house website. Just write to the address.
  11. What did your LL say about it when you spoke to him yesterday? If he isn't willing to give you any leeway in letting you out of the contract then maybe there is something in his agreement we can use. Do you have your copy of your agreement?
  12. As Steve said, they HAVE TO protect your deposit if you have renewed the tenancy. To quote the Deposit Protection Service's own website: "This is a new AST and so TDP will apply. The deposit previously paid under the earlier tenancy is repayable to the tenant at the end of that tenancy, so it should be returned to the tenant. Alternatively, if the landlord wishes to continue to hold it as security in respect of the new tenancy it must be protected."
  13. Yes you are probably right, it is an oversimplistic view, but one that can be used in a great many cases. If there never has been any form of inventory then the LL has no proof as to the state of the property when the tenant moved in, and there can be no comparison to the state when the tenant moves out. So why would a judge award the damages to the LL if he can't prove it? I think that in a lot of cases where an inventory is present it will be up to the judge to decide on whether any signature, or lack thereof, is proof of the state of the property. I've been involved in court cases: 1. where we have had an inventory done and it was found to be proof that the damage had occurred during the tenancy which we won and 2. where, through a mistake of my own, an inventory had not been signed and returned and when we tried to claim against the tenant the judge decided in favour of the tenant due to lack of proof. Looking at the case you specify, as you say, it was the paperwork you had to prove that the inventory was done and that not returning deemed the inventory correct that won you the case. In my experience, I would always recommend any LL has an inventory done professionally, as I do now every time. The case i lost cost more than just the damage repairs. In the case in this post I would say that the inventory that was done, whether it was signed or not, was somewhat overly detailed in that it included half empty bottles and rotting food. Personally, I would challenge it's relevence in court due to the fact that it has been prepared by someone who is obviously incapable of preparing any form of valid inventory as can be seen by the amount and validity of the items included, and the fact that the inventory was disputed by the tenants prior to them agreeing to sign it, but the agents did not re-evaluate the contents of the inventory being disputed and did nothing about the tenant's complaints.
  14. I would advise that you phone your LL and let him know that, since the plumber he called to do the job hasn't and it is getting increasingly inconvenient for you to not have heating and hot water, that you would be grateful if he could contact someone a little more reliable to have the problem sorted out as quickly as possible to the benefit of all concerned. Looks to me like the plumber he got is trying it on a bit, probably charging for every callout at some extortionate rate and stringing things out to get more money. Take note that, whoever he gets to do it MUST be CORGI registered before they can carry out any work. With regards compensation, it's good that he has offered compensation, but it's something you'll have to agree with your LL yourself.
  15. I would never condone the withholding of rent in lieu of getting your deposit back. But if you want to discuss it with your LL then that is your right. If he agrees to it then you are onto a winner, obviously. However, if he doesn't, and you do it anyway, he has the right to sue for the remainder of his rent due. He would then have to return your deposit, minus any deductions for damages, which, if you disputed, you could then sue for the remainder of your deposit through the courts. I know that this seems like a long and convoluted process, and it is exactly that. IMHO, the dispute about an electrician's bill for work that obviously needed doing, and was outside the scope of your ability to perform, is wrong on the agent's part. If the appliance wasn't working properly then they are obliged to correct the fault. As the correction was one that could only be performed by an electrician, then it is something that should be covered by your LL. With regards to it not being a fault, it is still covered under section 11 of the Landlord and Tenants Act insomuch as: (1) In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor - (a) to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes), (b) to keep in repair and proper working order the installations in the dwellinghouse for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity). © to keep in repair and proper working order the installations in the dwellinghouse for space heating and heating water. This means that by not having a substantial supply of hot water due to an error inside the boiler that can only be rectified by someone qualified to open up the appliance the landlord is responsible for the rectification of the error as it directly affects your right to the enjoyment of the dwelling. I would tell him that when you speak to him and let him know that the agent's idea that you were liable for the rectification of the problem is incorrect, and you don't expect to have the electrician's bill deducted from your deposit. If needs be, add that you would be prepared to sue for the amount withheld, no matter how small. Be reassured that, if you do need to sue, and are on benefits, you can claim a fee exemption through the court when you file a claim.
  16. My GF has had this same thing in the past. They state that there was an overpayment of tax credits for a period after she had split up with her ex, and they say she didn't tell them. She just ignored it, as she couldn't repay the £400. That was back in 2005. Not heard a thing from them since, and she hasn't moved since then.
  17. Good for you. I have a friend with a business on ebay and he's found that the averadge customer there thinks that they are always right, despite any proof to the contrary. This fallacy that "the customer is always right" is one I don't subscribe to. If a tracking number proves that an item is at the local post office then the customer concerned should get off their lazy butt and get it re-delivered. Well done for the email. Admittedly, a little sarky, but it made me giggle.
  18. Is this the company? Branch Details Branch Number:BR004731Name, Address:PROVIDIAN NATIONAL BANK PROVIDIAN HOUSE 16-18 MONUMENT STREET LONDON EC3R 8PD Date Open:01/12/1998Closed(Y): Type of Business:CREDIT CARD LENDING BUSINESS
  19. I'm trying to get the details of the cases. I heard about them because they were reported in my local paper. But I think I threw it out. Am going to get the media company to dig out the story for me. Will post as soon as I have it.
  20. Your bargaining power in respect of the things on the property that are dangerous is pretty much a "fixit or get done" one. But you don't have to actually mention that you will report them for the breaches. it's much better to just say that certain things are wrong or not up to legal standard, and that you think they should be put right as soon as possible, since you don't want the landlord to get into any trouble for things that break the law. If you make it sound like you are concerned about the landlord's legal position and are worried he may get fined, or worse, if the problems result in a fire or explosion or whatever then they will probably not even realise you are trying it on. Using the "my friend told me" and "he's a gas engineer/furniture salesman/electrician" reasons usually works quite well. The boiler situatin is actually the worst. It should be done ASAP and conform to the regs or he could really get done hard, especially if something goes wrong. Don't think you'll find that a dining chair with a wicker base counts. Fire regs usually focus on filling and covering materials. Wicker is classed as a form of wood, which isn't covered. Otherwise wicker units and cane furniture would be illegal.
  21. Had a look at your other thread, though it would help if you could stick to one thread for each subject. As far as i can see, if they have stated that "we will sort this out together" it probably means that they will discuss some options with you regarding help with the financial costs of decorating, or to allow you time in which to get things done at a rate that you can afford. I wouldn't have thought that they would go down the possession route for something like decorating.
  22. Thank you. That does clarify. Looks like the government has it's guidance notes for us landlords wrong. I can guarantee I did not mis-read it, and can supply the document to you if you wish. Also, it would appear that some county court judges have misread this too, as I know of at least 3 cases where the tenant didn't get the "compensation" amount when this came to court. Obviously a complicated area for them too. But thanks for pointing this out. Much appreciated.
  23. To the best of my knowledge, there is no legislation in England and Wales governing inventories unless this has changed since the explanatory memorandum to THE HOUSING (TENANCY DEPOSITS) (PRESCRIBED INFORMATION) ORDER 2007 There is I believe some case law to confirm the landlord's inablility to use damage as a defence against a deposit claim when no inventory has been done prior to the tenancy commencing. I'll try and look it up and post here.
  24. Here is a direct quote from the government's guidance document for landlords regarding the TDS: What happens if you don’t secure a tenant’s deposit? The tenant can apply to the local county court. The court can order the landlord or agent to either repay the deposit to the tenant or protect it in a scheme. If the landlord or agent has not protected the deposit, and they fail to do so within 14 days, they will be ordered to pay the tenant three times the amount of the deposit. Hope this clarifies things for you.
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