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Everything posted by Pebble

  1. You would need to refer to the agencys terms and conditions as if you did continue contract with the tenants you would be subject to renewal fees if these are included within the terms and conditions. It would not make commercial sense for you to continue, only then to have a bill sent onto you. It is imperative that these fees if any are factored into the new increase. Ie; if they are going to charge you a standard £500 (only giving you an example as you havent put the fees payable) and the tenants want to stay on you could increase the rental by £10. Thus factoring this cost within the rental. The other thing that you want to make sure before you do any renewal is to take full references on the tenants, check their credit history/ccjs as it may of changed whislt they have been resident. If you are able to obtain rental guarantee or legal expenses cover, this may prove prudent to you in the case of the tenants default. Get them to fill out new application forms. Noted that the agent didnt pass you over references, but this may fall under the ownership of the agent. Regards pebble - effective landlord solutions
  2. You need to go through your terms and conditions that you signed with the agent. As not only may you extending your agreement with the agents, but you may also be levied renewal fees if you continue with the tenant for the forseable future and thereafter, as they were the original tenants that they were introduced. Interesting the OFT are taking one of the larger agents to court for this, as they feel that an agent should offer you a service for monies due and not just a fee for a renewal whereas they have put no further input in, apart from the intial introuduction of agent. You could, if you felt, that the tenant was going to be a long term tenant, and you are going to be subject to these fees. Is to negioate an one off exit fee payable. Regards pebble - efffective landlord solutions
  3. It really depends what is on their t & C for their application form. Ie; if they indicate there are fees payable and what happens in the instance whereas it doesnt proceed to contract. For example, the holding fee that you pay, is deducted off the initial amount of moneys due when you move in. If your tenancy application is refused for any reason, does it state to how much (if any) you will be due back? If it is clear on their t & C for their application form and you have signed this and paid over your h/deposit. Then you have in effect agreed to their charges. Regards pebble - effective landlord solutions
  4. You need to establish your position first and foremost. Obvioulsy the landlord is going to tell you that not to worry and pay the rental to him. Receivers would only be appointed as a time, whereas all communication via the landlord/lender has broken down. Bearing in mind, if they are acting on behalf of lenders, most lenders would of done correspondance to the landlord to chase the debt. The receivers/lenders would have discretion if they are to let the tenancy continue. If the landlord is being pursued for monies he states he does not owe, his solicitor or appointed representive would be chasing this up via the receivers. In respect to the rental payments, keep paying them to the receiver until the position is made clearer. Regards Pebble - efffective landlord solutions
  5. You need to chase this up to see if another meeting is to be scheduled soon. To enable you to chase agents, you would need to have at lease 2/3rd's of other residents wanting the motion to carry ahead. The main thing you want to do here before changing them, is to research the new compay you want to appoint. As the last thing you need is another agent not acting in your best interests. In respect to directors not being in force, we presume that you have gleaned this info from companys house. The company should have directors appointed. Regard pebble - effective landlord solutions.
  6. No Problem. By the sounds of it you definately have this all in hand. Trust that this can be done, without too much 'hassel for you'. Additionally, when you send him 'the inventory' send it via registered post (wait 48hrs and get a print out via royal mail website, as confirmation of delivert), proof of posting and normal post also. As you state in your post ' things may be difficult between you + landlord. At least this way, there can be no absence of doubt that your landlord did not receceive it. Regards Pebble - effective landlord solutions
  7. We are not advertising our company at all, we are just providing advice Pebble
  8. Not sure how the agent can complete a 'check out' when they have not carried out a 'check in report'? It would be prudent to draw a list (to protect you) + photos as you have done. Write to the landlord immediately, their details should be in the section 48 notice contained within your agreement. You could write something along the lines of 'in absence of you or agent provided an inventory, we list all contents of flat. Again, it would be prudent when doing photographs is to have a newspaper photographed as evidence of when you did this. You could always call the owner and see if there is an inventory in his possession. It is unfortunate that the landlord had proceed to let without an inventory and the agent didnt press him for one, or at least do a check in. cc the agent into the correspondance. As no inventory has been produced, check the landlord has protected your deposit on the appropriate accredited scheme. Regards Pebble - effective landlord solutions.
  9. They should be able to provide these documents to you as a matter of course. You may want to check what the management companies company registration number is. Then you could, if they did not provided, check on their last return at companies house. Regards pebble - effective landlord solutions
  10. Sorry to hear that things have still not be resolved for you. Did you write to them about the repairs and condition of property, and what was their response?? In respect to holding back rental, due to your expenses. We are sure that your contract would not permit you to do so. It would be prudent to seek compensation from your lanldord. You may want to draft a letter to them, outlining problems again and requesting if they an you X to cover the addiitonal costing involved in running 'space heaters'. Suffice to say, check your contract immediately, in respect to break clauses, you may have to give two months notice, with it now being March, you dont want to miss 'window of opportunity ' to leave earlier. The problem with the return of deposit, is if they try to hold you repsonsible for the condition of property. If the contract was drawn/renewed in May, the Lanldord would of be obliged to put this into one of the accredation schemes. They do have an atribution service in cases of dispute. But you would need to proove the property was in this conditions, ie; invenotry, letters passed between you. By the sounds of it, the landlord doesnt seem interested in resolving these issues. It would be better to move into another property. Regards Pebble
  11. The first thing that you need to do, is to (if you have not already) get written permission from the landlord that you can decorate his property. As the last thing you want, when you leave, is for them to try and make a deduction from your deposit. We feel it would be beneficial to the l/lord to have the tenant to decorate it and feel it is more than reasonable for the l/lord picks up the cost of all materials. Again, put your intention for any work that you carry out in writing. Pass over all the reciepts for items purchased to your l/lord, as he can deduct them against expediture of property on his tax return. Most reasonable, l/lords would be agreeble to this and may request restrictions on colour, so its best to state this also. In respect to the carpets/flooring replacement., put this in writing also and get your l/lord permission in writing. Regards Pebble
  12. Unfortunately not, you are going to have to wait until the section 21 expires. As she might move out under this notice. Notwithstanding, that you already know her long term intentions. Once this expires a section 8 notice would need to be served. Indicating the grounds that possession is sought under. Councils, postively encourage tenants not to move:mad:. As they would of advised your tenants, unless she has an eviction order, they are unable to rehouse her. Abeit, most tenants do not get a council house but are put into a temporary housing, whilst they wait for the council to provide housing. If all rental payments cease to you, it would be construed that your tenant has made herself intentially homeless. If that is the case, the council are under no obligation to rehouse her. Regards Pebble.
  13. The deposit is covered by the scheme if the contract was subject to renewals. Landlords are obliged to place it in one of these schemes at this point. Regards Pebble
  14. If the contract started/was renewed after April 2007. Your landlord was required to lodge the deposit within on of the accredation schemes. Which now governs all lanldords on how deposits are held. If you are unable to come to a reasonable matter of costs with the landlord. Write to him requesting details of the scheme it has been paid. They do have an atribution service for these kind of situations. This action, may expediate matters to a 'quick' resolvement for you. Regards Pebble.
  15. The contract, which you have quoted, we presume this is a copy your have eventually been able to extract from the agent? You mention about a deed, we presume you are referring to a guarantor deed, which is usually signed by the guarantor once you have seen sight of the tenancy agreement? The contract that was drawn in September 06 and expires March 07. Thereafter if it was not renewed it has been running on a periodic basis. It does state, that after the fixed term expiry of the contract, that it will run on. The clause for the guarantor then, defines that you will pay the rental (in the case of the tenants default) on this agreement. It does not specify what happens to the guarantor’s obligations on any subsequent renewal, or variation thereof? So it could be argued that your liability was discharged after the first period. Albeit, that you have most probably read and signed the contract which clearly states that the tenant would remain in the tenancy until such time notice was served by either party. Did you sign any other paperwork? We acknowledge that you wrote to the agent requesting your name to be removed. Obviously the agent would not encourage you to rescind this. Any guarantee should only be discharged at the end of any current rental period, with the consent of the agent and landlord and tenant in writing. The other thing to take into consideration here is that did the landlord or agent acting for you contact you about the position with arrears. Three months arrears do not appear over night. They do have responsibility to keep you updated, were you copies into any correspondence that was exchanged. Also, if she is 3 months in arrears, we presume the landlord or agent has served a section 8 notice, plus a section 21(under a periodic basis) to determine the tenancy? As the last thing you want, is them holding you responsible for further accrued arrears. If they have not served notice, it could be argued that any future arrears are not down to you. As the landlord/agent missed their window of opportunity to serve notice. Hope this helps Regards Pebble
  16. We take on board that firstly you want to stay in the house, but just want the repairs executed asap. Reading the whole of your post, no wonder the landlord is happy he has in effect a 'perfect' tenant, pays rental on time, carpets and decorates the property and keeps it to a good condition. Nevertheless, the landlord seems to be quite relaxed in resolving any of your issues immediately. He should not be waiting 2 weeks to fix the problem. Most tenants would have probably stopped paying the rental, as leverage for the work to be done ASAP. The landlord does have obligations to attend to these, under the housing act. The underlying issue here is that you want to stay on and get the repairs done. Don’t leave any more messages for his secretary; put your repairs in writing requesting if repairs can be done. This may be prove prudent for you, just in encase (and we are not implying your landlord will) hold you responsible for these, as these were not reported to them. Keep chasing this up, your landlord does have obligations to repair the house he owns. Presently, for your op, it appears you have no heating, you should not think that you are 'pestering' them, to carry out repairs that they are legally obliged to do so. Regards Pebble
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