raydetinu
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Everything posted by raydetinu
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Has he given a total amount he is demanding? As you have left it is up to him to do what he has to, to re let; he must mitigate any loss he thinks he may have. Suggest you wait until you get the court claim and let a judge decide what's fair.
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I still think the Approval you have is OK until you receive a non-compliance notice. They will obviously allow you to apply again for a new build, have said that would be a problem?
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I cant see how the council can say you don't have planning when you clearly have! and stays until it is revoked! As said if it is they will have to pay you compensation. It is their action, so let them know you will be seeking compensation. You never know they may not revoke it. Have a word with your local councillor, county and town and get them involved if you can. They carry a lot of weight with planning considerations. They can also insist that the full planning committee consider this and not just the planning department under delegated powers. They will also have to take into consideration the fact that if you applied for the construction of a 'new dwelling' they would not grant it!!! If they would then what's the point of revoking the planning you have! Perhaps you should ask them that question?
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You need to be clear, have you got Full Planning Approval in writing? not just advisory comments following initial discussions. If Full. were there any conditions attached to the Approval? If full, then you are OK; any non compliance complaint will be investigated by the Planning Department and a decision will be made in about 12 weeks. So until you are issued with a non- compliance notice it is not in the public domain. As far as I am aware once planning has been granted they can rescind it but would be open to a claim for compensation. Such as your costs if you had started work, any design work you paid for since planning was granted etc. They usually take these costs into account when making their decision. So if you have any costs in connection with this let them know now! Regarding VAT, ALL walls ( except party walls ) have to demolished to foundation level to be rated at 0% VAT for a new dwelling! leave just a portion of a wall then its standard 20%
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Wow! That does not sound fair at all! As Tenant has a false sense of security, if continuing with PST and LL has not said anything and continues with let. A ticking time bomb! Lea, Thanks for that.
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good, probably the best solution. hope you have better luck in new place.
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Lea I appreciate you have a good understanding of this S21 situation, but how would a tenant know when they have to leave, if on a PST, unless LL writes and invokes the S21 issued a year before? Not too savvy as I understand LL only gave tenant one months notice in letter! Always learning.
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Only guaranteed to get back if in scheme! otherwise you may have sue LL for it.
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Are they not different S21 forms for during an AST period and after when a PST? but both have to have the notice period and date tenant has to leave by? So unless LL wants tenant out at the end of the AST contract, whats the point? might as well issue a new S21? rather than a letter invoking the original one! with correct notice period etc. As in this case LL would have to prove they sent it originally, as tenant does not acknowledge it existed!
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Then its not valid then as it would had to be enforced when she did not move out at the end of the initial AST contract. Continuing as a PST is in fact a new contract on the same terms. So LL would have to issue a new S21 ( with correct dates on it ). Anyway that is irrelevant now as your daughter accepted that the LL wanted to terminate the Contract and you have handed the keys back by mutual agreement. So you will just have to wait and see what action, if any, he is going to take.
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Sept 2013?? cant be valid if you had an AST after that date? What was the date of last AST?
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NHBC/Zurich should sign off on each stage, including completion. Ask for the report. Not sure if you could get your money back, but would be able to claim compensation for any major disruption and any ot of pocket costs while repairs are undertaken.
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LL also has to supply an EPC for the property! Send a letter as said asking for deposit back. Beware though she may take you to court or defend your action, for the remainder of the rent!! You should of got a full EH report on the flat from the council to defend your action in leaving early.
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LL cannot claim new for old, so take into account age and wear and tear. Anyway, Belaflat, you should not be in the flat as tenancy has ended!!!! by being their and retaining the keys, will allow him to charge rent for the period you are still in ' occupancy ' ! I suggest you cease what you are doing and let LL do what he has to do. Keep records. photos of everything in case he does take it to court.
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Goods and services - where do I stand.
raydetinu replied to martynh99's topic in General Consumer Issues
Well that works your favour if they cashed the payment. If you are happy with that, then just leave it and see what they do? If you think you should pay more, send them that as full and final settlement, and if the cash that, that's it! they have accepted it. But you should not expect them to respond if you have any problems in the future. -
The advice is as the thread! If the protection scheme is satisfied with the claim and tenant has not disputed it; the LL will get to keep deposit. He will have to claim anything over that from the tenant and/or guarantor, possibly having to take them to court. Again it would depend on the terms and guarantor form, if G would be held liable by the judge.
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he cant charge anything for advertising or future rent! The LL is the one that has ended the contract by issuing S21. Has she replied in writing that she will be leaving on agreed date? Also any complaints about heating etc should be writing so you have a record of when it was made any action if any taken. You can of course counter claim for lack of heating etc. and other defects. Suggest you write to LL with above points and then wait to see if he wants to take anybody to court and leave it at that. Not worth arguing the points any further.
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I have not gone to court, just kept an eye on the rulings.
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I don't think they will let you as it has to multi track for that sort of claim. You can certainly mention it, but this is where it gets subjective, some judges will rule on it in small claims track some wont, as it is a point of law not damages or costs.
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Was any deposit paid and if so was it protected, which it had to be if paid or transferred from old contract to new contract in November 2007?
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Was a deposit paid and was it protected? They cant charge for missed visit, or late payments unless excessive, i.e. very late say +14 days, or letters asking for payment. Did you sign a guarantor form, and given all the contract information. Usually any guarantor form has to witnessed ( notarised ) possibly under seal ( up to judge ) as you have no benefit from the contract. LL can only claim for damage and remedial work taking into account fair wear ant tear.
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What you need to do as part of you case for claiming deposit back, is state that it was not protected. The judge may well consider it and award on that as well. Usually deposit protection is done under multi track in the court and your initial fees will be lot higher. It is up to the judge what is awarded for non protection, so cant claim any fixed amount.
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Conniff, cant really see them doing that, if it is going to be subject of any investigation or potential charges! From what's been posted, there is no legitimate excuse for not returning deposits or forwarding rent!! They may prevaricate and come up with all sorts of reasons as has also been mentioned.
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just to check was there a deposit paid and is it protected? if not protected then s21 not valid!
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Tenancy agreement question
raydetinu replied to t0mbop's topic in Residential and Commercial lettings/Freehold issues
was the deposit on property 1 protected? was the Agent the stakeholder and did they get a receipt for the deposit etc. They just cannot keep the first deposit without your agreement or the scheme approval? If the contract says nil deposit for property 2 then that's it, no deposit required! so they should find out what happened to the original deposit and possibly sue the LL for it. If they wish to impose a new deposit for the pet, you must agree this in writing, this deposit must be protected as soon as they receive it. However it would be likely the LL may issue a section 21 notice to save the hassle about that and the repairs etc. Has the property got a gas safe certificate, and an EPC? both required by law.
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