raydetinu
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Everything posted by raydetinu
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how long ago was this; you are covered by the DSR and can cancel any contract agreed over the phone within 14 days. probably past that now though. As you asked her to prepare drawings you may well have committed yourself to some costs, unless she said it was consideration only or you said that would be a her risk if you did not proceed. A judge may well say you commissioned the work, even if just a scheme outline, so she would be entitled to paid on a quantum meruit basis.
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even if HI don't own they may well lease it? ad have the rights to what goes on! The point is do they have a contract with PE that lets them act on their behalf? I think your defence is quite robust as it is, you did not stay there! and have a witness to prove it.
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we all seem to concur that you will be wise to pursue court action if they don't come to their senses!
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do not forget to send off witness statement from friend, to court and PE, who can vouch for the movements that day. And their willingness to attend court.
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Yep agree, I do not know why the Police have not been involved as of yet! These actions are very similar to the case I posted earlier about an EA in Camborne and the Police were all over him! If anybody does go to the Police just refer them to that case!
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M51 you are right, however LL and agent do not seem to be reasonable in their approach up till now and will probably deny any liability that they have done anything wrong! OP will have to force their hand in some way to get things moving!
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yes contact scheme and raise a dispute, anything from LL can be used. As I said rent increase sounds invalid! and illegal eviction; you gain a lot if you went to court! ( not sure you would get far with the late protection though, depends on judge, but would certainly add to list of claim.). Suggest you write again to LL, copy to agent stating above and give them 7 days to respond, with deposit and compensation, give amount you want. When have you paid rent till? I suggest you may still able to force entry even now as they have not got legal possession.
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rent increase cant be valid if you were not notified about; they should of issued a s13 which you could challenge and has your rights! Ask for copy of AST you signed if you have not got one. ( court would assume it was anyway ) What is rent arrears from, just this increase or missed payments? It looks as though you will have to threaten court action to get anywhere. It also sounds like an illegal eviction to me! ( possessions still there ). They cannot repossess without a court order! so you could have legally forced entry when you went back! Have you informed deposit scheme that you have moved out and you want deposit back?
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you may need legal advice! something not quite right here, if old LL sold freehold to another company, your lease would have transferred to them, so how can Old LL then take out another lease on the same property which you already have a lease too!!! (IMHO ?) no expert in commercial law. how long was your lease or contract? head lease would be the one that has the longer term!
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2hrs is about right for an old battery!
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Alien, as you know you are responsible for the deposit and if the tenant is due their deposit back, you must do that without delay or you could be sued and possibly for non-protection? I presume LS is acting as stakeholder for the deposit ( M&W in fact hold onto it )! So you will have to sue her or them for its return? and possibly breach of contract.
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Agent is not who you have the contract with! and on what terms its the LL. Agent can check with LL but cannot make promises on his behalf. I am sure a Judge and others will say that the fact you did not have a bed is down to you for that length of time; you must mitigate your inconvenience! Are you really considering taking court action over this? Unless you want to get a S21, suggest you keep any claim to an amicable negotiation and be reasonable.
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Unless you have it in writing, you wont win this one; ( description fully furnished, may imply beds ) presume you viewed flat before taking it, so you knew what was being provided. buy a bed then when you leave, maybe LL will buy it back or take it with you, or get LL to pay for single and you pay extra for double. Why did you leave it so long to sort????
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Moving to new property
raydetinu replied to xmedia's topic in Residential and Commercial lettings/Freehold issues
at the end of the day if the terms they want are not to your liking then walk away! They can impose whatever restrictions or terms they want! if they are doing this with the LL agreement or knowledge is another thing, however they probably have the best interest of the LL in mind, due diligence and care. -
wrong; the Land owner must first obtain a possession order from the court.
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Forget it, if that's all it is and you have been paid the rent. IMHO not worth the stress or hassle of pursuing?
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Only a court can evict!!
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This may help: https://www.gov.uk/agricultural-tenancies It would seem common sense that they cannot take land back if you are current with the rent? They may well be able to serve notice, but that has to be at least 12 months. Also only a court can grant eviction! defo. sounds illegal to me; you may need to get a solicitor tol ook into it and write to the LL.
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good, well done, worth persevering in all avenues. some may just give up at the first hurdle.
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In that case you will have to start court action. Now you should send them a letter before action or you will take them to court and give them 7 days to respond, then start a claim on line (MCOL ). that may make them see sense? you have a very strong case with legislation on your side, but nothing is guaranteed!.
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Not sure if the deposit has to be protected if the tenant is a company? If It is then lodge a dispute with the scheme!
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As your contract is with the LL, it is only he who can release you and on his terms! It would appear you have acted prematurely and relied on an agent who are not the ones responsible. If you have all these agreements with them in writing you may have recourse to the courts for their misleading statements.
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That is not correct of course, as you first returned it well within the 14 days! you don't have to quote the DSRegs. It is a statutory right! when you buy things on line, the reason you can return is after due inspection of the goods ( i.e. examining after taking out of packaging as you would if purchasing in a shop ) it was not suitable. Suggest you try again and remind them that you did return well within the 14 days, and you had the right to examine the goods.
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very good points; all employers and staff are responsible for their health and safety! And as pointed out this is a known hazard and mitigated as part of the risk assessment; however if the postie has never had this problem at this address before, this can still happen. It would also apply to the owner, if they know the dog attacks the post as it is being delivered, they would have a duty of care to the postie, by fitting a drop box.
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Under the old DSR regs and/or the new consumer contracts regulations; you have 14 days to cancel any order for what ever reason and they must refund all costs including postage. suggest you lodge a complaint with photo of unopened packet and quote above regs.
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