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Everything posted by waterbottle

  1. I'm sorry to hear about your situation SSE. I feel that the only way to get these agencies to act properly is to use the court, which in itself involves the incompetant liars at the community legal service. I hope things look up for you.
  2. Can anyone who has had dealings with the above please post. I am intending to send something to the OFT or similar.
  3. It seems horrible doesn't it. But they probably can I think. Why don't you try asking the new agents to ignore this part of the check?
  4. I think what you are doing is totally right Gem. There are a large amount of rogue landlords out there. At least it is warming up now. Also, check if you can get them under TDS and you could be quids in!
  5. Rob, Don't worry about the thing that Ed999 posted. It is not accurate. From what we know, it seem that you have a solid case for the 3 x penalty. I am not computer literate enough to post links but can you use the search facility? Also, the thread started by ABitOfAPickle regarding the Tenency Deposit Scheme has almost everything in, and contains other links. If someone could post a link to that please... Good luck Rob.
  6. Tell the council immediately that you have been evicted if you want to rely on them to rehouse you. If you don't do it in time they may say that you have made yourself 'intentionally homeless'.
  7. Also, which area are you in? If you're anywhere near me (London) tell me and we can go and put the police officer under citizens arrest for fraud or whatever. Don't know what yet. I am DYING to do this.
  8. This sounds dodgy as ****. The police especially. I am astounded. Did you get the policeman's details? The problem you are in as regards getting anything done is this. No one gives a toss. All the different government agencies and appeals proceedures are designed to nullify your complaint until nothing gets done. From now on, if you carry on with this, you need to do everything in writing. Not too difficult if you have email. Phone calls enable lazy people to get away with failing to act on your behalf. Oh, and the police will lie about almost anything in person. Most council employees too. Then they will twist and manipulate to avoid doing anything. But harassment is a criminal offence. It needs to happen more than once to be acted upon by them. There needs to be a 'course of conduct'. I have written 4 letters and called 999 twice because of my agents. NOTHING from the police. A few questions: Have you sorted out your current housing situation? Are you prepared to fight this? Be advised that it may get nasty. It sounds to me like your landlord knew that policeman. How much evidence have you got in writing? If a lot relies on what you know for fact but cannot prove easily, it will be doubly hard. Did they register your deposit in a Tenancy Deposit Scheme and notify you of this? This is important as you may have an automatic claim for an anount equal to 3x the total deposit. Are you on a low income? I ask this because things would be much easier with a solicitor. Legal aid would be very helpful. Let us know!
  9. Don't waste your time arguing with them. The whole letting business is very dodgy, with agents, landlords and inventory clerks 'helping each other out'. They seem to regard the deposit as partly theirs. If you want to do anything then threaten court and be prepared to follow through with it. It can actually be an excellent experience and if you represent yourself you can put it on your CV! More importantly, when did you pay your deposit? Did they put it in a deposit protection scheme and notify you of this within 14 days of their receipt of it? If they failed to do this, or cannot prove that they did, you may be able to claim the full amount of the deposit times three as a penalty. Whether you can do this would depend on when the last time you signed a contract with them was. Post details here and I'll try and advise you. Or look up the Tenancy Deposit Scheme and do it yourself. Good luck and don't stand for any crap from these ****!
  10. I think this is an old leaflet that was quoted a while ago in a sticky. But it hedges its bets... A much better understanding comes from the Legal Action group article. I would be wary of posting old information as in the context of chronological posts it can appear as new and authoratiative. I initially thought you had discovered something new.
  11. But there must be provision for some sort of representation in Scotland...
  12. Don't mention the deposit to him yet but you can probably sue him for 3x the amount and most likely win. That means £1050. But it depends when it was paid and if you signed any contract renewals. If you're happy to see what happens, just wait. Or, call the CLS and explain your matter and they will send you to a solicitor who will help you sue the LL for more. It may be an unpleasant business but it should sort things out. Already, your health being affected should qualify you for some help.
  13. It would be worth calling the CLS and making a claim for legal aid to get some compensation. Keep us posted about what's going on.
  14. Well that's something to be going on with anyway...They should be able to bully him into something. You also want to think about some sort of compensation I guess. Would you qualify for legal aid? Did he take a deposit? If so when? And is it in a deposit protection scheme? Did he notify you of this? These questions are important because you may be able to get 3X the value of the total deposit from him!
  15. To be honest I don't know. I don't think so as he seems to be a lodger. He would need to call the police. They would then try and do whatever was the least hassle for them. They may try to hassle your friend into letting him back in the house. Basically beware of what the Police say; their main interest is to keep the peace. After that they are lazy, lying bullies. If his status is as a 'subtenant' then he may have a claim for unlawful eviction but this would be a civil claim. You have to think in terms of the likelihood of it going to court. Every day, many people have 'civil' wrongs done against them but 99.9% never come to the attention of the court. What sort of bloke is he? He would need to convince a solicitor that he had a reasonable chance of success and that he would stand to gain a significant sum. then it would have to go through all sorts of other steps. Your friend can never be totally sure. Even a solicitor will speak in terms of it being 'likely' or 'unlikely' that such a thing would happen. She can take a chance and do something or just keep plodding on. Tell her to look on the Shelter website. She could even call them!
  16. How would you feel if he took steps to evict you? If you wouldn't care that much you could begin to move straight away. Are you on a low income? If so, try and get legal aid. Email environmental health at the local council or write a letter and keep a copy. They may need some prompting but eventually they should make a visit. Make sure you mention everything negative in the letter e.g. health problems etc. and how the Landlord's failings are affecting you. Keep us posted with what you decide to do!
  17. I sympathis with your situation. However, this could go on for a long time. To help get things moving, post your aims in a list. i.e finding a new place, getting some money back etc.
  18. When and how was it served? Does it have a 'saving clause'?
  19. Sorry about all this! Letting agents often seem to be total ****. Was your deposit held in a Deposit Scheme? If yes, they should be able to mediate effectively! If not, then you may be able to claim 3x the deposit as a penalty. Even if they did put your deposit in a scheme, if they didn't do it right you may be able to claim this money! The problem with these companies is that they react to nothing but court. You may have to make a small claim but, if so, then you will get lots of help on here. You will need form N1 I think. On it you should write what you are claiming. This will sound daunting but a small claim can actually be quite easy I've been told. And it will be in an office and the judge will be helpful. You should claim for everything they owe you. Plus costs, expenses and interest. You can claim for the charges but you may not get them. Everything else sounds water tight! Let us know about the TDS though!
  20. I'n not totally sure about this but I THINK that the boyfriend has no right to stay. As I see it, technically your friend is his LL, and the real LL is her LL. Does that make sense? If a LL (and I'm thinking of you friend here) rents part of a house to someone as a 'lodger', (and this would be the key term!) they have no rights to stay. They do not need to be evicted through the courts....just told to leave. Now I'm not SURE about any of this but if what I say turns out to be true she could do a few things. Tell him, in a letter that outlines everything that has occured, that he has to leave within e.g. 72 hours. Have a witness to see it served (put into his hands), and keep a copy If he is likely to go mental and break stuff she should skip this step. Threaten to call the police and explain that she wants him removed as he is not a tenant. Actually call the police. Or change the locks when he is out and be prepared to call the police. If, however, he is deemed as a 'subtenant' then things are more complicated. The simplest thing is to go through the whole proceedure of moving out; i.e. give required notice to landlord and explain that he will have to deal with the b/f situation. Once she has done this and buggered off she will not be liable for the rent, though a sneaky LL might try and threaten her for it. Remember that the above is only my OPINION! Shelter have a good website. I don't think squatters rights exist anymore! Keep us posted!
  21. Sounds like you need to get the local council involved if you want to do anything. The good news is that they should come round and they can order the landlord to do repairs. Environmental Health are the chaps to speak to. The bad news is that once tenants start making complaints, Landlords usually take steps to evict them. So, either do nothing and stay in the flat or decide to move on this and accept that he might chuck you out but you may get money and a result. Have you communiocated with your landlord in writing or email? You need to start doing this otherwise there will be no record. He may become wary the moment you start doing this. Are you on a low income or any benefits? If yes, you may should for legal aid and this would be extremely useful! Get a doctors note explaining that the problems in the flat have affected your health. Let us know what's going on, ok? Ask questions if you don't understand anything!
  22. Have you got the imploded boiler? Or proof of it being buggered? What you ideally need is proof for a court that: 1) The boiler has been buggered for some time and that this tallies with your past complaints 2) Proof of your past complaints With these two things you may have a very good chance of getting the money back. Without proof they won't do a thing. Also, they should have given you Corgi certificates every year. This is for Gas safety. Did anyone do this? Can you explain your housing situation? Were you placed by the council with a private landlord? Or are you a council tenant?
  23. This kind of thing seems to happen a lot in lettings. Each person involved is basically on the side of the landlord and has an interest in making the tenant pay. I would suggest that you dispute everything totally and think about a small claim. Ask for a copy of the report they're using to amend your inventory. Later, you can explain that there was a passing of time between when the previous tenants moved out and you moved in. Therefore the check out report is irrelevant in this case as the landlord had access to the house. Does this make sense? The above post mistyped. They CANNOT deduct for fair wear and tear or improvements. Are you on any benefits? If you are on a low income you may qualify legal aid. I would admit nothing to them with regards to what you failed to do. Perhaps take it to Tenancy Deposit Scheme Arbitration. Investigate whether you have to accept their findings and whether by using them you will forfeit or damage chances when using court. Did they register you deposit and inform you that they had done so within 14 days of receiving it? If they cannot prove this you may be able to make a claim for 3x the full deposit. The 14 days dates from the day they received the money not the day you moved in. Post some info and we can get stuck in!
  24. How's it going Phat? Thanks for your message of support. Have you had any replies from any of the letters you sent? Have you managed to clarify any new information? Let us know. If you're leaving you need to think what to do to make life as easy and profitable for you and your other half as possible.
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