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Stressed Tenant

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  1. I am in a similar position, so I am very interested in how your cases proceed. Actually, I am having numerous problems with the managing agent of my property. After contacting previous tenants and discussing the situation with the concierge staff and helpful neighbours, I have learned that such behaviour from the agent is nothing new. I am hoping to be able to negotiate a settlement with the landlord eventually, but in the meantime, want to deal with the managing agent in the most effective means possible. In preparation for my case, I wrote to all 3 schemes first to determine if my deposit was covered. It was not. I then wrote to the managing agent who claimed it was, who (presumably) hurriedly released the funds to the scheme. I telephoned the scheme administrators first to understand why I might not have received an ID 4 months ago. It was explained that an ID will only be released when cleared funds have been received, which finally happened. I found the following NUS pack (link found elsewhere on this site) very helpful in understanding the ins and outs, as well as formulating the tricky legal language -- they recommend using N1 for claiming, as did my County Court: http://resource.nusonline.co.uk/media/resource/enforcement_pack.pdf Despite all this and having a signed Assured Shorthold Tenancy Agreement, I haven't filed yet, as: (1) My annual rent, on the face of it, exceeds £25,000 - very easy to do in London; (2) I was considering whether to apply to the Rent Assessment Committee (RAC) first - extenuating circumstances include repairs (MUCH bigger than I was told at the viewing) still not finished and advice from neighbouring landlord, who owns multiple flats in the building, that my rent is indeed quite excessive; (3) Local council now involved as Gas Safety Check has not been done on the premises for at least 5 years! Nor have the electrics and plumbing been checked by qualified engineers - major short circuiting and severe flooding damage, which the agent misrepresented, has occurred multiple times. If I have a signed Assured Shorthold Tenancy, can that be nullified simply because the annual rent exceeds a limit set in 1990? The managing agent certainly believes it to be an AST and I would not have signed if I thought I would be losing my (relatively few) tenancy rights (when compared to other countries). Given the extreme circumstances, I have suspended one month's rent -- unfortunately, it was the only way to get the managing agent's attention and the required written authorisation to hire my own contractors to finish the job their (likely illegal) crew botched so badly. Also, why is it that rent is the only thing we MUST pay even if the contracted service/product is far from delivered? You would expect a discount on damaged goods in a shop or even refuse to pay for a restaurant meal that was not even close to that listed on the menu. Getting legal action going - landlord's or mine - seems to be the only way I can force the managing agent to put me in direct contact with the landlord (assuming he doesn't know what they're up to) to even try negotiating -- have sent "Section 1...21 days" letter to obtain contact details. I just wish I could let the landlord know that, without evidence to the contrary, this is not intended as action against him, but rather the (mis)managing agent. Should I worry about the £25,000 - willing to be a bit of a test case, although out-of-court settlement still preferred? Should I go for RAC review - it seems expensive? From experience, is the claim amount the deposit itself, plus interest (and charges?)? My understanding was that the triple award was then a penalty the judge must award under the law (assuming agent/landlord found guilty). Otherwise, this will quickly exceed the small claims limit of £5,000 (section 6 of NUS document does not clarify this), with much higher legal and court fees.
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