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Everything posted by waterbottle

  1. It is important to know how you 'know' you have a new landlord. Did they write to you about it? Have they ever written to you? Was the house sold or something? This all seems so murky so it might help to start thinking in terms of what you know to be true. It may be that you still have your old landlord. The landlord is the owner of the property. Maybe the new lady is just there to collect rent. She may be acting like an agent. It could even be the case that the landlord brought this lady in to enable her to play 'good cop' 'bad cop'. However, as yet, we just don't know until we get some information. How do you pay rent? Do you have receipts or proof of payments? I would suggest that you compose a letter which you can send, recorded delivery, to the solicitors address on the contract. It should ask for a valid name and address for the landlord. If the solicitors are involved they should have to supply this. Send it recorded delivery. No need to mention it to the landlord yet. With regard to their behaviour toward you; try and keep a record of everything. Tape record the meeting if you want but I'm not sure about rules and evidence for this. You may need all the texts for proof of their treatment of you. Someone with more specialist advice should be along soon but hopefully we can get somewhere first.
  2. If anyone thinks that the DWP act in line with any sort of moral integrity they are sadly mistaken. Their conduct is dictated by individuals who have targets to hit. Above each individual is another with a broader target to hit and below is another with a target to hit. Simple equasion: Hit targets = promotion. Miss targets = static career. Honesty doesn't come into it. An appaling situation and part of the bigger issue of companies and institutions functioning as psychopaths. However, in this case there surely needs to be some proof. Millenia needs to stay on here for guidance whilst getting specialist help if possible from a solicitor or a welfare rights bureau.
  3. To try and understand what's going on I might be useful to find out a few things. 1. Do you have a tenancy agreement? Can you give details of it and when you moved in? Did you renew the agreements at any time or sign anything new? 2. Do you have a contract? It should give details of the landlords contact details. 3. Why did the landlord change? And why is the old landlord getting involved? You can tape the conversation but I don't know if you could use it as any sort of evidence.
  4. Well done Bovvered. There is a thread where AbitofaPickle has gone further down the road of claiming for non compliance. You may get some good stuff from it. Unfortunately I don't know how to make links. But search his or my username.
  5. The only ADULT ADHD clinic that I know of is at the Maudsley in London. I found it almost impossible to get concerta on the NHS. It is unlicensed for adults and so GPs and PCTs have an excuse to refuse to prescribe. Often this is what they want. An excuse to avoid paying money. Good luck though!
  6. If your instincts are flagging up something I would stay away. For a contract to be effective it needs to have 'consideration' which means you need to get something in return. If you refuse to move in or accept the keys then you may have received no considerartion. If they try to sue you they may ask for money they lost but they have a duty to try and find another tenant once they know you are not moving in. This will mean that they could only claim a smaller amount. I don't know how much though. It may well be that they can claim nothing! If you decide to cancel this contract then make it clear as soon as possible in writing. Keep a record and make it clear that the LandLady tricked you. Don't accept any keys and stick to your guns. Post here if you have any more questions or to keep us updated.
  7. I would have thought that you still owe your arrears to your previous LL. Can someone iron this out? Unless she bought the property with the arrears. Keep all the texts and start putting things in writing. If you want it checked, write a letter on here and someone will look at typos and wording for you. Keep smiling and keep us updated.
  8. Trespass is a civil wrong so the police don't get involved. Even if you do manage to tie it to some sort of crime (i.e. damage) you will have a very difficult task in trying to get them to do anything. People in this sector seem to do all sorts of 'favours' for each other. Again, really hard to get anyone to do anything. If you want to make any progress with this you will first have to get everything in writing. Letter from the estage agents saying they had to give the keys to someone. Letter from the tenants saying they moved out because of upstairs mess. Once you have this, you may be able to move on with some action. I would suggest that you take any money offered, without prejudice if possible. Maybe tell the agents to sod off if they dished out the keys and annoyed the tenants.
  9. Which agency is this? Sounds like one I know well. Have you moved in? Have you had notice of your deposit being held under the Tenancy Deposit Scheme? Try and explain the situation you are in, in a clear, concise paragraph; your post was long and quite hard to understand.
  10. Forgot to ask. Which TDS scheme are you having a problem with? They all have email addresses but 1 of them is harder to find than others. You may want to get confirmation from the last scheme. What exactly are they doing/saying?
  11. You need to do some checks. Contact the 3 Tenancy Deposit Scheme administrators, in writing, to ask if the deposit was registered with them and to provide details of this. You need to write to your LL and explain that you want your deposit back and that the damage was there when you moved in. Explain that they have 14 days or you may take them to court. Explain that you also require details of the deposit being held in a TDS scheme as this have not been provided to you at any time. Once you've done this post here again and someone will tell you the next stage. You may well get your deposit back and you may have a good claim for 3x deposit for non compliance of TDS.
  12. I have no idea about court proceedure. I am slowly but surely learnign about law from this site and my own reading. It seems that the main problem facing your claim is the solicitors twisting of the case into something else. You may need a law library or the CAB or a welfare rights bureau to get hold of the article. I have a photocopy but no scanner. If you can't get it I will try to get a copy to you if you like. Could you set out exactly what went wrong with the case in a letter? Perhaps you could send this to the court manager, the judge, the defendant etc. You would then, at the very least, have an account of the problem and you could ask to judge to read it on the day if he won't look at it before. My solicitor is speaking to counsel over the weekend and I will post anything relevant to TDS here.
  13. I need to complete an N1 against Dixons. It is my first one and I have a bit of a block. How legal does the language need to be? Basically they failed to repair or replace within 6 months (under coverplan). I would like to claim cost of computer plus cost of coverplan. Can I do this? Does the court take into account depreciation of computers when it calculates price? What about loss of important data? What about expenses and costs? Any guidance gratefully received. I already bought the Patricia Pearl book from this site but I am still apprehensive
  14. Try to ask for things in writing. Write a letter and send it recorded delivery if possible. Remember to keep records of everything. If you have no hot water you should be able to claim some rent back for disrepair and other problems. In my opinion the best way to do this is to say nothing until everything is fixed. Then work out when you are going to leave. Then work out how much you think is fair. Only when you are ready to negotiate should you mention it to the Landlord. Maybe he will agree. Maybe not. You can perhaps check what is reasonable on this site. Lastly, if he won't agree, I think (and people may disagree with me on this) that the most effective way to deal with this would be to withhold what you think the court would award to you from the rent. Call it offsetting. Watch out for your deposit on this one as he sounds potentially dodgy, but then I'm paranoid.
  15. I found the above link fascinating. Why does a guarantor agreement without consideration still remain a valid contract? Perhaps the consideration is the benefit to the tenant? Does anyone know if this 'guarantor as deed only' has been tested? Also, in the above thread the judge said that, in respect of the guarantor agreement: 'The terms as laid out in the document were too narrow to be effective.' Can someone explain this for me? I would have thought that a narrow contract would have been ideal. e.g. I give you this, I get that.
  16. I am in a slightly more complicated situation but TDS non compliance is still an issue for me. Today my solicitor gave me a photocopy of an article that is the strongest indication that the penalties for non compliance are meant to be severe. This is good news for all of us who are claiming against unscrupulous landlords. I will type a bit out: NON COMPLIANCE The penalties for non compliance are severe: (The article then precis what we already know before offering a definitive opinion on the matter that remained ambiguous; the 3x deposit penalty) It says: If the court is satisfied of such non compliance, it must either order the repayment of the deposit to the tenant, or order that it be paid into the designated account of the custodial scheme within 14 days of the making of the order. The court must also order the landlord to pay the tenant, within 14 days, a sum of money equal to three times the deposit amount. This order must be made even if the landlord protected the deposit and provided the information at some time after the 14 day period allowed from the date the deposit was received. I feel this supports the thinking that the legislation is designed to punish bad landlords. I also think it suggests that you should get your full deposit back Pickle, even if you left the place with disrepair. They simply cannot take deductions when they haven't protected the deposit. The article was in Legal Action Law and Practice/housing 2007. I hope this raises your hopes Pickle.
  17. It is difficult because you have a contract with the LL, not the letting agent. I am in a similar situation with terrible letting agents. Is it a big company? You may be able to get them on non compliance with Tenancy Deposit Scheme requirements. Have you heard if your deposit is protected yet? It may be better not to mention this to them yet. Let them dig themselves deeper. With regards to the disrepair: Keep accurate records and put everything in writing. Contact the council about getting problems sorted. They should have some sort of private tenancy officer. Don't assume the LLs are trustworthy. It seems that some play the good cop bad cop routine. Good luck and re post to keep the thread up to date.
  18. Sorry my post is 2 years late! What the owner is trying to do is create a situation in which he can reposses flats for non payment of ground rent. People buy these leases up cheaply and in bulk; not because they make any money but because if they refuse to take ground rent for long enough, people will stop paying. He will still have a paper trial of asking for the ground rent. Over time, and with people selling and moving on, he will eventually have a situation in which he can use a long period of non payment of ground rent for repossesion. Hey presto - free flat. I read about this in a broadsheet last year. There really are some **** out there.
  19. Why don't you write to the local council and try to get them to send someone from environmental health to inspect? And try and get them to send someone who will verify in writing your claims for disrepair. Also get photos if you can. Make all requests in writing otherwise you may be fobbed off. CAB seem a bit of a lottery. Most people find them useless. Call the Community Legal Service. If you have a low income you may get legal aid to sue. If not you may get some limited help to put your problem in a legal perspective. Good luck. If you re post as you progress, people who are more qualified will probably chip in along the way with more detailed advice.
  20. I scanned it before but have just read it more thoroughly. Very interesting!
  21. The harshness depends on perspective. Such a fine for a failure to complete an administive task would be harsh but, arguably this legislation was introduced to stop what was a widespread problem. Massive abuse of tenants deposits. Indeed it was felt that some LLs regarded deposits as their bonuses. The LL never owns the money so it should be passed on immediately. If you paid cash into a bank and they didn't credit your account immediately you would be outraged. In a way this is similar.
  22. Even if you live with your bf for 100 years that fact alone doesn't make him your partner. If you are scrupulous about paying for things seperately then it will be hard for them to prove anything. DWP are proud of their conviction rate. Once they start they will probably fight tooth and nail to get what they want or they risk missing their targets. Imagine a young man and woman living together. One is well paid, the other not. The DWP decide they are a couple and that the poor one can't get benefit. Does one sue the other for money to live on? This would be a stupid situation and the law, I believe, does recognise this dilemma. The first thing all 'enforcement agencies' do is bluff like mad in the hope that you crack. The police do it with good cop bad cop. The DWP have to go at you because they have started now. Don't let them bully you. You may qualify for some type of legal help. Certainly if they're trying to prosecute you should get something. Call the community legal service and ask. For appeal about DWP conduct you need the 'parliamentary and health service ombudsman'. Keep us up to date with what's happening! Fight the power! If you were not a couple then don't accept their ruling that you were. They cannot simply dictate.
  23. Someone sticky this thread, just for the above link which seems to have everything needed!
  24. A boyfriend is not necessarily classed as a partner for financial matters. The DWP have criteria for what constitutes a 'partner' but I believe I am right in saying that you also have some say. It is better to think of your boyfriend as financially seperate. If he is financially separate then he is not your partner. The problem is how exactly being financially separate is decided. But your relationship with your b/f might be seen as informal. I suggest you make a claim for legal aid and try and get a solicitor involved. Admit nothing to anyone on the other side until you are sure of what information is relevant. Remember that anything you have admitted that is damning will probably be due to their underhand tactics and stress and confusion on your part! The whole partner thing is used by the DWP to make life hard for those that it finds suspicious. Court is not so bad a thing but you may need some time to prepare. Will you qualify for legal aid? Use the CLS website to find a solicitor near you or get the welfare rights man to help with this. Post back here with any updates ok?
  25. I am tenant and have T&Cs in addition to a tenancy agreement. The T&Cs state that I am liable for the commission if the tenancy ends early and for £40 plus VAT for each letter re late rent etc. Are these sustainable in court or, more appropriately, (how?) can I challenge them?
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