raydetinu
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Everything posted by raydetinu
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you can determine ( end ) the contract at any time for any breach, just do it writing now! You can sue the QS if he has signed of work that has not been done! \its your property, so you can enter at any time, follow h and s rules if you want to. Contractor cannot bar you. Has PC followed CDM regs and provided a Health and safety plan? breach on its own. ( see HSE CDM regs ). You can make a claim under the housing grants construction and regeneration act 2011 and adjudication for the costs paid and work not done. the advantage is they have only 14 days to respond! if you get your claim this will help in any court action you then undertake. You may need some professional advice from a surveyor or legal eagle tho.
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2nd Hand Car missing spec (Evans Halshaw)
raydetinu replied to Smitho3's topic in Vehicle retailers and manufacturers
yep agree, car not as advertised and some negotiation should resolve it, refund of some sort. or you could reject it and get your money back. -
Lodger or a tenant?
raydetinu replied to junebug's topic in Residential and Commercial lettings/Freehold issues
If LL does not reside there then it will be deemed to be a Tenancy ( AST rules will apply by default. ) However all could be undone if she actually does not have permission in her lease to sublet the accommodation above the shop? I suggest you consult Shelter for advice, either by email or phone. -
Did you get a receipt for the deposit or is it in your contract that it is required? Your only course of action is to send a LBA ( letter before action ) asking for deposit back, give them 14 days to reply and then take them to court. As deposit not protected or info given, judge may well apply compensation up to 3x deposit. You can use MCOL, money claim on line
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correct they cannot take it without a court order, as you have paid more than a third, presume it is on HP? but they may still try? especially if it is on a public road. If it has a tracker then they can find it You can hand the car back or let them take it and only have to pay half the total cost, purchase price plus loan cost and including any deposit made.
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Covenants
raydetinu replied to labrat's topic in Residential and Commercial lettings/Freehold issues
Does not sound as though it is a problem, just do it and see what happens! Ant breach would have to have damages/costs and they would have prove that? -
Ned a bit more info.? did you have a contract? AST? did you all sign it. If you just had a lockable room and share other facilities, then it is a house share, bt you can still have an AST for that ( legal requirement ). How may people, how many floors? more than 5 independent families or people and on three or more floors then it is an HMO, or may depend on council; may have to have a licence ( very strict rules ). you can check direct with the council. If you had an AST then yes any deposit must be protected and they had to give you details of the scheme in the first 30 days. Failure to do either and you can take them to court for compensation.
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report him to trading standards as others have done. other than you can write( recorded ) giving him a date to complete or you will take him to court. ( LBA ). getting a judgement and collecting any money is another thing. At least TS should get him banned from being a director again? I know its being wise after the event but never pay any money up front, only on completion and you are satisfied? you have to do due diligence when engaging a builder; search for info. on net, check references, make sure they are aware of CDM ( construction design and management regulations - criminal not to comply ). Use a contract, free from RIBA, surveyors or on the net.
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yes LL can apply to council for payment, however they will only comply if he can show you have not been paying the rent direct him direct. As for an inspection, he can only 'inspect' at a time/date to suit you! by agreement, however you must be reasonable. It is the LL property and has every right to look into every room. As for unauthorized entry, you can change the locks so that is not possible. ( perfectly legal ), but tell LL before you do it; just courtesy.
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You will have to go to the council and ask them to sort it out. take all the paper work with you.
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The OP is a year old!! no point in posting further on this.
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confusing this is!
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does the £300 deposit for whatever appear in the contract anywhere, usually states what the rent is and if any deposit paid? ( proof ). If deposit not protected, the S21 is invalid and you can just ignore it. also you can sue for non protection, but can get complicated if not dealt with by judge dealing with the eviction notice. M51 correct S21 can be issued at any time and is two months notice from any time once gone periodic. ( if valid that is ). however, it looks like he wants you out, so start looking, but don't panic you will have a bit of time and suggest you stay until you find somewhere suitable.
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LL needs to be specific about what the money is for and explain why it was not deducted from the deposit at the time. was there an inspection at the time you left the house and any documents signed off, did you take any pictures?
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Propane in industrial unit
raydetinu replied to RoyG's topic in Residential and Commercial lettings/Freehold issues
Is there anyway of storing or placing the propane gas container outside the building ( suitably protected ) and piping it into the building as is typical for a domestic installation. -
you cant resist a section 21 notice, however that is just a notice of repossession and will have to go to court to actually evict you. The government is looking at ways to resist LL giving notice after complaints, but at the mo nothing you can do. as you have the section 48 which gives the contact details of the new LL, suggest you contact them and ask about who to pay the rent to. check that any agent has the new LL authority to act for them.
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Unfair Bond Claim by Landlord
raydetinu replied to zak_allen's topic in Residential and Commercial lettings/Freehold issues
Yes I think so you can use both avenues at the same time. Best if you have a paper trail of when you made complaints about repairs etc. and took photos of them and the condition when you left. Was there a signed inventory/condition report when you started and again when you left, that recorded everything? -
Have you had a professional report done by a Structural Engineer? If not you need one now. That will hopefully attribute the cause and suggest any remedial works Adjoining owner may well have to get their own report, unless you can agree with them, the appointment of one SE or Surveyor and abide by their findings. If it affects the party wall and you wish to undertake repairs, they will have to contribute and a party wall agreement drawn up. Formal quotes for the works will have to be obtained and the proportion of who pays what will have to be agreed. The SE or Surveyor can do that. If adjoining owner will not agree the costs and you proceed, you can take them to court for their share etc. However, as said above it will be subject to a PW agreement. Suggest you consult the Party Wall Act for more info. you can google it and download. all free. What could be a problem now is that you own the property and will have to pay for it, whatever it costs including professional fees. The vendor got off lightly.
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I have air con in my house, and it is really just a matter of taking the condensate outside through a rubber tube or copper pipe. The drip tray is only for occasional use. and readily fills up if on a lot of the time; it needs to have a permanent outlet. This applies to all air con units. Hope this helps and you can keep your air con, definite bonus, in a caravan with not much insulation.
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good luck finding somewhere, but you do not have to leave. he cannot start work or make you move out until your contract ends, so the December start date for work is a bit premature on his part. As M51 says he can offer alternative accommodation ( which you do not have to accept ); if he does want to start in December,you will be in a strong negotiating position; paying all your expenses plus an incentive.
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Unfair Bond Claim by Landlord
raydetinu replied to zak_allen's topic in Residential and Commercial lettings/Freehold issues
what ever happens the LL must return immediately any amount of deposit that is not in dispute or the scheme should pay that, in 14 days of you claiming it. -
yes two months notice is the minimum the LL needs to give, but that is just a notice for repossession. You do not have leave then until he obtains a court order, which can take a few weeks more. However eventually you will have to move and don't want to wit until the bailiffs turn up. So suggest you start looking now, and if you find one, you can negotiate leaving early, so you wont pay the rent until the end of your contract.
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this may help. http://england.shelter.org.uk/__data/assets/pdf_file/0019/23392/ShelterGuide_GettingRepairsDone.pdf
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you could always ask for a new agreement every six months o an even longer contract if you wish; for a bit more security on both sides. remember you only have to give one months notice at the moment, with a contract you are liable for the whole term. so its swings and roundabouts.
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I agree, if you need parking and there are potential problems and they cannot be resolved satisfactorily before taking on the property, then walk away. Not worth taking a chance even if you think you might understand that you could get what you want! not worth the risk.
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