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Everything posted by NewSAHD

  1. Yup And best avoid mentioning 'complaints', you are selling after all! You don't want to put the seller off, not if you can help it, any credit/debit due will be nominal when compared to the sale itself too Equally, you need to answer honestly when dealing with precontracts though, so probably best keep it simple, simply say something to your Solicitor to the effect that - you understand that there may be a credit due for previous Service Charges - you'd like Solicitors acting for the various parties to deal with the formalities of credits/debits, so that the expected credit is made in your favour, if at all possible - and ask that the various parties are contacted when the Year End accounts are finalised, so the credits/debits can be sorted and files then closed It 'should' be straightforward, might be worth asking the HA (politely) when do they anticipate finalising the Year End accounts too
  2. Hi, wouldn't it be quicker to - speak with the Solicitors dealing with the sale, explain the situation - ask for this to be taken in to account at time of completion by way of retentions - and once the finalised Service Charge accounts are available have the appropriate credit / debit made in favour of the soon to be ex-leaseholder... If there's a credit due in your friend's favour then the respective Solicitors acting for the vendor / purchaser can deal with this No need to get the HA involved... save for them to provide the figures in due course Sorry if I've missed something, put it down to the late hour! Cheers, NewSAHD PS andydd, hi, been awhile, hope all is well !
  3. Oops. Just seen this original post is from 2009!
  4. Human rights? Sorry, I can't really comment on the 'human rights' angle of your post - but hopefully this message will serve as a 'bump' for those who CAN offer some useful feedback... I've not been on CAG for awhile either, but hope the following DOES help you in some way Last year I did not enjoy my time signing on - three young children, two of whom had to come in to the JC with me, other claimants in the queues acting like idiots, in front of my children too (yet the staff, in the main, we're very pleasant...save one, as I recall), waiting times beyond what was reasonable, just not a great experience I had a similar experience as you with the Diary too though, but had repeatedly told the JC that the little piece of paper I was given to fill in was worthless to me... Why? Because I WAS actively seeking work, but, INSTEAD, I kept a spreadsheet documenting my job search (it helped me diarise follow ups / cross reference etc) and most times I took a printed copy of it to the JC The few occasions I forget to do bring it in the staff were generally OK, as they recognised me, but on a couple of occasions I had to jump through all sort of hoops Really painful, especially when I could see other claimants (you got to recognise the faces) just swan in, sign on, and walk out with barely a word exchanged between them and the JC staff member... I think what I mean to say is that I can understand why you might refuse to fill in a JC JobSearch Diary, but - as with my (fortunately successful) argument with the JC, I could easily show what I was doing and when through use of my own spreadsheet I'm worried for you then that you may not have the same argument against the JC to show what you're doing, if so, what are you doing to keep track of your job search? Sorry, in typing that I can see how that could be misconstrued as me having a pop, but I feel for you, and having read your post keep thinking "the best line of defense is offense" and seek to side step the issue in some way. In my case I got some grief from the JC for using my spreadsheet, but could show I was actively seeking work - are you able to do the same in some way? Copy emails, that sort of thing? Best I go, but hope that helps...
  5. Sad sam, sorry to read of your troubles Andy, hi, it's been awhile... Sad sam, I always read what andydd has to say with some interest, but here I'm sure he will agree that you and your fellow leaseholders really need to seriously consider getting a suitably experienced firm of solicitors on board as soon as you can. If you can do it collectively as all leaseholders together that could be useful, as you could also be in to the realms of : - using the LVT for your own ends, to question the reasonableness of all charges, including insurances and the like, - reviewing time constraints on accounts (namely Landlord & Tenant Act requirements, as well as Companies House) - as well as considering Right to Manage (basically removing the Agent on a "no fault" basis), - acquiring the Freehold and so on That said, continue to post anonymously here, if you wish, as there can be much that is helpful on CAG - plus, it helps others in a similar predicament, which is no bad thing For now, though, please can you confirm a) whether you are in England & Wales? (I ask as the legal framework to work within will be different elsewhere) b) how many leaseholders/flats are there in your block? c) are all leaseholders facing the same problems? you say 'we amongst others', but how widespread is the problem? d) is it a purpose built, self contained block, or does it include any commerical premises? e) you refer to the M&A, but who are the Directors of the RMC? Can you PM me the Companies House number, as all that is needed here can be obtained for a pound or two online. Do not post any information here that could identify you by the way, PM so as to stay anonymous. Trust that's OK f) what is the name of your Agent and Freeholder (again, do NOT post their details here, but please feel free to PM me if you are OK doing so. I will only use whatever you send me to assist and will not disclose the same to any third party) g) what is the name of the 'heavyweight' solicitiors (again, please PM, same as above applies here too) It's the lease that drives it all in the first place, but there can be some quite strict time constraints on accounts and paperwork hoops for Agents / Freeholders to jump through before they can legally, successfully recover unpaid Service Charges. Incidentally, is any Ground Rent (over)due too? Look forward to hearing from both you and andydd too in due course Hope that helps and bye for now
  6. Rarely come on to CAG now, but saw the post, above, and thought...er, hang on a bit CAG seems, to me, to serve a useful purpose at times, best not to knock it too much. So, with that in mind, why did you come here in the first place? Did you find CAG to be generally quite useful when you needed assistance too? Hope so The pub analogy is probably a useful one though, save that most here seem to make it clear they are NOT lawyers (unlike a pub, perhaps ) and most here certainly seemed to say 'seek proper advice' too. That said, I recall Aequitas may have a 'legal' background out in the real world though, but that's by the by My relatively limited experience of CAG, however, is that a number of the posters on CAG are rather more competant than you appear to give them credit. CAG has certainly helped me when I needed it, which is probably one of the main reasons I visit CAG when time allows Pub banter, or not, there's clearly a wealth of experience to be gleaned from forums such as CAG - and reading around the subject can do the OP no harm; they can then, perhaps, make a more informed decision too. That sounds quite a reasonable thought too Incidentally, why did you come to CAG in the first place - and what then made you visit this particular topic all this time after? And I'm curious as to whether you have any connection whatsoever in companies that operate in this field. Please accept those queries in the spirit of CAG too, which is largely anonymous anyway, but I trust you will appreciate the reason for asking At the very least, I now know that to "give a black dog for a white monkey" is, according to google, 'an old naval way of expressing a fair exchange - a quid pre quo.' And as Diggy's last words were "I am expecting a full and concise written offer, explaining how this will be made legal and safe, I'll be back then!" , well, should Diggy ever return I'd be curious as to the outcome of that too... Cheers then and bye for now
  7. Not been on CAG for a little while, but really pleased to return to hear your news! When I read that your friend was "...asked if they would like be in a forum which they want to setup for people in there circumstances to have a say and help improve services." I had to chuckle too... Especially as I also then read that your friend "noticed that the above information was contradicting all the housings information and documentation to tenants. Also the housing was quoting paragraphs from Acts but not the full paragraph as if they put the full paragraph it was there in black and white." caro is dead right, CAG certainly seems to help "Empower... people to stand up for their rights" Be interested to hear when your friend accepts that invitation too It was not right that they had to put up with what they did and neither should anyone else Does all beg quite a few other questions though, such as who had responsibility for the HA approach to repairs / publications too in the first case...? But that's a whole other can of worms and for now just pleased to hear how it all seems to have turned out for the best!
  8. Steve_M "Get someone else to view the video, preferably an awkward sod, and see if they agree with you. Don't ask a mate who'd back you up whatever! Also it may be a good idea to write down a transcript of the recording for your defence. Maybe you could post bits of the transcript here to see what others think (not me cos I'm going on holiday in a few minutes)." I recall that a taped conversation is not admissable, but a transcript of it is... First though, it may well be that you can use the contents of the same to cast a huge shadow over his intergrity as a landlord/witness If you haven't already thought to do so, of course, I'd be minded not to let him know of the recording. Instead, produce your transcript and - by way of an exchange of letters / emails - use the content of the same to confirm your clear understanding of what the two of you had agreed, without reference to the recording, of course Let him then flatly deny it, or fabricate some alternative reality, before you, later, consider raising the spectre of the recording I'd be interested to view the transcript and/or hear what several Awkward Sods have to say about it. Plus, on the bright side, you should find quite a few AS's on CAG to comment too, of which I am sometimes one
  9. Ed999, I've read your other posts with some interest, and andydd and I have swopped messages before, so (for whatever it is worth) I think he and I have the measure of each other (andy, hi, btw ) but leasehold disputes really need not be daunting for leaseholders Blondie1973 needs to go back through the lease, if not done already (posting here and elsewhere if any queries) Also, the Residential Property Tribunal Service website http://www.rpts.gov.uk/ is quite easy to search through previous determinations - and can also be used to check / research quite what an Agent may really be like too I take the general point about always (seriously) considering seeking independant legal advice, but cannot (fully) agree that only a Solicitor will win such a case. Solicitors can be good and bad in, perhaps, equal measure - so Blondie1973 will do no harm at all to do some digging of his/her own, which can include posting on CAG and so on And on further reflection - and at the very least - this message will serve as a bump...
  10. EmmaH92, hi, I'm posting this on the off chance you return to this forum... If you haven't done so already, simply contact both your Local Authority Environmental Health Officer, who should certainly be able to assist - and also your Student Union Rep who may be able to help out too The LA 'EHO' may take a short while to come back to you (some EHO's can be very busy), but if you briefly summarise the problems you are experiencing they will inspect as soon as they can - and will tend then to formally write to the Landlord on your behalf too, which should make things easier for you There are many other questions to ask (are you in England/Wales? is your Deposit protected? were you provided with an Inventory, that you accepted? has the Gas Boiler got any safety certificate? were you supplied with an electrical appliances that have a plug? and so on...) BUT for now get on to the EHO if you haven't already and post back here when you can
  11. BUT the costs STILL need to be 'reasonable' , otherwise they can be challenged in the LVT too Also, even if, on the face of it, the cost of works seems to be below the level needed for consultation, what was the TOTAL cost for the job, inclusive of all VAT, fees, disbursements and administrative costs and so on.... over the years I've seen Agents try and split bills etc, so as to try and keep the cost of works below the level needed for consultation... sometimes successfully, sometimes not So, in Blondie1973's case, what was the total, overall costs? And, back to Andy's point of "it still may if one leaseholder had to pay more than £250, this happens sometimes if not everyone pays an equal %" does every lease require every leaseholder to pay the same %?
  12. Blondie1973, a small apology, haven't really been around, but quickly read through the posts with some interest - and some concern. Few quick questions for you: a) Why were the repairs to the pool needed so soon in the life cycle of the equipment? What reasons did the Agent give - and did you have any thoughts as to whether the Agent's reasons were valid, or not? b) I'm a little concerned as to why you (and other leaseholders) are being asked to effectively make up the shortfall due to the '10-flat owner' not paying - so, who IS your Agent and who IS your Freeholder (pls PM the details as before). If there is a Freeholder then the Agent should be approaching the Freeholder in the first instance to forward fund the shortfall, get a money judgement, then recover the shortfall from the '10-flat owner' - and should NOT be asking the other leaseholders to make up the shortfall.... unless, of course, there is no separate, third-party Freeholder in the background... the money has to come from somewhere (subject to what the lease says etc) Please advise - and hope all that is clear, as typed at speed!
  13. Sorry to come in at the tail end of a thread, but there's a thought niggling away - trust OK to share and in no way do I wish to offer false hope In no particular order - is the Agent a member of any professional governing body? RICS would be useful, NAEA, ARLA, and ARMA are others to look for... - is the Agent a small independant, or part of a larger chain i.e. one with a potentially more 'useful' complaints procedure - Misrepresentation Act 1967 ? How much can you document, or prove though? - Property Misdescriptions Act 1991 does not apply to rentals, as I recall (although, personally, always acted as if it did) Personally, I'd document what I can with regards the 'misrepresentation', but use it to negotiate your way to an earlier leaving date Not sure, typed at speed, but hope this may help Good luck in whatever you do PS With regards "there are no limits on when they can start or stop work." - and only from personal experience - it really does depend on the Local Authority
  14. 'Decent' buildings insurance cover would tend to cover damage done to the fabric of the building (redecoration etc) - and should also include for 'trace and access' cover, if the source of the water leak is not obvious. From an Agent's perspective that's a useful thing to have In your scenario (the 'accidental water leak') it would just be one of those things - and relatively simple to resolve Here, though, you have a tenant who has not once, but twice, caused a problem (the second incident arguably being worse, perhaps) - and it is at this point that the tenant's liability and, to my mind, their landlord's responsibility is coming in to play The landlord of the flat may have been unaware of what was going on, but if they left plumbing for the tenant to plumb in a washing machine, did they at any point say to their tenant "please ensure you plumb the machine in properly, if you are are uncertain tell me, and I will do it myself, or get an engineer in for you - otherwise I will hold you responsible for any damage done" Also, the other tenant's should have had contents insurance, but surely they can still pursue the tenant / landlord for damage done? (answer, yes, but legally can they - which is the point of this thread?) And, if so, do you pursue a 'man of straw'? I think that's the phrase Really got to go, but will check back in later!
  15. MrShed, hi, jumping straight in, as off out the door shortly... All these years dealing first hand with water leaks (just for starters) and you're making me reconsider my position here - one that has never been argued against (successfully) out in the so called real world Slick132 says "Tenant failed to properly tighten T's w/m hose to LL's w/m connector tap - this was witnessed and established, without doubt" and, further, when the problem was identified the tenant made the problem worse - resulting in damage to two flats (which, tbh, takes some doing) The landlord is not negligent here, perhaps*, the tenant is, but I've always (successfully, again, sorry) resolved this sort of thing by directing all 'formal' dealings to the leaseholder - whilst having 'polite' chats with all concerned, to ensure the focus is still on the tenant. I accept that the 'polite' threat of legal/admin costs being added to Service Charge may help matters along, but I gather from our earlier exchanges that you may have ready access to your inhouse legal team (so to speak), so I'm interested in what you say here To my mind there may, perhaps, be at least two conversations to be had here I agree with your point "Even if (for example) the property was unoccupied and there was a burst pipe, causing damage to the property below - the owner would only be responsible IF that burst pipe had occurred due to negligence. If the owner can show things such as, heating left on, insulation in place, etc, he would NOT be liable for the damage." but that's not the issue here, to my mind. If I were the Agent I would treat the scenario above as 'one of those things', let the Insurers/contractors resolve it - and simply Service Charge the policy excess to the block as a whole. Simple - with no extra "s" in there either The difference here, perhaps, is that the Tenant has arguably been negligent / committed 'waste' - and whilst they could be the first point of contact, it simplifies matters to simply direct all dealings against the leaseholder... Hmm. I'm now beginning to doubt this. Would welcome further comments here too! EDIT - added * (although there may be some mileage in knowing if the landlord knew a washing machine was to be installed and did they leave instructions with the tenant over the same?)
  16. From the perspective of an Agent: a) Yes - the leaseholder (owner) of Flat 5 is responsible for the actions of their tenant and b) Yes - the leaseholder of Flat 5 could pursue their tenant, perhaps, which is their prerogative, of course, but (strictly speaking) of no concern / interest to other leaseholders Any policy excess should, ideally, be covered by the leaseholder / tenant (etc) of Flat 5 too
  17. Diggy, I've not been around this week, otherwise I would have replied before now. Whatever you decide please DO follow the advice given above.... Also, bear in mind that I recently had an exchange with someone who had found themselves in the same boat as you - although only found out about it after the pretty much worthless 'papers' had been signed some time earlier. Best I can do is copy and paste their recent reply to me (edited to remove personal information etc) which read: "It hasn't gone well at all, (we) went to court last week, and the house was handed back to Building society. (We) have asked for an extension till (2 months from now) which was granted. (Our) Barrister has basically said (we) haven't got a case because the "landlord" never registered the lease so its not worth the paper its written on, and (we) are not entitled to legal aid so would have to pay and if (we) lose it would cost (us) alot of money which (we) haven't got ,so (we) are looking for some where else to live." Horrible situation for them to find themselves in - and now they have lost their home too If only they could have come to CAG, or taken proper legal advice, or similar, before signing Good luck in whatever you decide - and please do post again to say how you get on too
  18. Hi, sorry to read your post... I've not been on CAG of late and then the first I read is yours There is quite a bit in your post, of course, more so than you may at first, perhaps, realise too. So for starters - and following the order of your messages: The limited company, who IS the 'Property Management Company' please? Please PM me their name, do not put it on the main forum, for now. I will only use the information to assist you and will not disclose it to any third party Service charges may well be high for the facilities you describe, but the costs still need to be 'reasonable'. Not the cheapest, but reasonable Withholding Service Charge in full, no matter how strongly you feel, is never a good idea though Sorry to be the bearer of further bad news, but to put it in other terms - in the time you have withheld S/Chg's, where has the money for your proportion of, say, electricity bills, gardening and cleaning costs come from? Not paying anything at all is a vicious circle and directly impacts on the Managing Agents ability to run the development. Although, in YOUR defence, THEIR 'ability' to manage seems, on the face of it, 'interesting' to say the least What's done is done, so moving on... With regards the pool / spa, this is potentially a subject in it's own right. Are you able to say of the 'Section 20' process was followed correctly? If in doubt I can PM further details for you to read, but, in brief, there are a couple of formal notices that must be served on all leaseholders (including any Residents Association, if there is one, is there?) before works can commence - and before the Agent is 'legally' entitled to collect more than (again, in broad terms) £250 from you Intercom broken since, what, 2006? If this were not so awful, it would be laughable. It IS laughable though, so, what is THEIR (must be pitifully poor) excuse for not sorting this after all this time? As for "an email from the management company that states that if a certain property owner of ten flats had paid there service charge then other property owners would not have been to asked to make a payment towards the pool as there would have been enough money in the fund." Without going in too much detail (as I fear I may already) what has happened now to the owner of the 10 flats? To my mind it has some bearing on helping you tackle the Managing Agent's ability, or otherwise, to effectively manage the development In your own research you may find details on 'Right to Manage' and the like, but you need to mitigate the potential damage done to yourself here, in part, as legal/adminstration costs are likely to have already be incurred in pursuing your non payment of S/Chg since, what, 2009? And these costs will be rising... Get the judgement set aside? Yes (although caveat is that I post all this without liability, of course, and offer to help simply in the spirit of CAG etc) BUT it does sound like you need more formal legal assistance to better help protect YOUR position, your home - and your fellow leaseholders too, perhaps, against, arguably, poor, ineffective management. If it IS this that has occured. Again, sorry to come back to the point, but not paying S/Chg's since 2009, whether in full, or in part, DOES impact upon the management of the development. Come back to this later, perhaps... Last few questions for you for now: a) Are you in England & Wales? b) Is the development solely Residential, or are there Commercial premises there? c) How many units/flats are there in the development in total? d) Aside from the 10-owner leaseholder, do you know if anyone else is in a similar position to you? e) Are you resident, or do you sub-let? PM whatever you like, so as to not identify yourself too easily here... Agents DO visit forums such as these, as I used to do over the years That said, the aim is resolve matters such as this with the minimum of further aggravation and cost, so hopefully all of this may help start the ball rolling in a 'better' way for you now. All this typed at speed, hope to back later in the day Good luck too
  19. 530am - and still I laughed, cheers ! (But there is a serious side to all this, of course. The more information Diggy has now, the less 'pain' there may be later, perhaps)
  20. "i feel like my kids are not aloud to play in there bedroom before 8am, am i in the wrong for letting my kids be kids at that time?" No, of course not... Are you in a house, or flat though? What floor coverings are down in your kid's rooms - bare boards, carpets etc? Can YOU hear your neighbours - aside from when THEY are banging?
  21. Never a truer word - and, tbh, every poster before is pretty much making the same point! Diggy, you say "I agree it sounds very 'suspicious' however I am in a situation where I cannot afford to miss out if this is a genuine opportunity!" Sorry to ram home the point, but on the face of it, it isn't an opportunity worth considering To give some indiction of how it can go wrong, please have a read through: http://www.consumeractiongroup.co.uk/forum/showthread.php?288422-advice-needed....-landlord-not-paying-mortgage!!&p=3249020&highlight= and http://www.consumeractiongroup.co.uk/forum/showthread.php?289370-Concerned-about-landlord-s-mortgage&p=3248875&viewfull=1 I recall there are other posts on this type of subject here and elsewhere too Curiousity has got the better of me, as you also say "This company http://www.guaranteedhomesales.co.uk/how-it-works/ seem to offer exactly the same option." The web page itself appears to give no 'physical' contact information at all, which would tend to worry me, plus, Companies House shows no company by the name of 'Guaranteed Home Sales' either - and, as legitimate as 'they' could well be, 'they' could well be just a relatively smart web page, with little of substance, ethics, or morals behind them Did you find their details by chance, or did the prospective buyer etc direct you to that website in anyway? Wonder if there is any link between 'Guaranteed Home Sales' and the following companies in any way whatsoever to: 04431657 D GUARANTEED HOME LOANS LIMITED Dissolved 04377618 D GUARANTEED HOME LOANS (KENT) LIMITED Dissolved 04940862 D GUARANTEED INVESTMENT CONTRACTS, LTD Dissolved 02547290 L THE GUARANTEED INVESTMENT PROPERTY COMPANY PLC in Liquidation That's all just a cut and paste from the Companies House website btw 'Guaranteed Home Sales' could well be legitimate, of course - and not really suggesting they are not, just simply pointing out the real problems that have been highlighted here already on the CAG forums Doubtless there are similar forums elsewhere, with similar stories, so... ? Hope all that helps too
  22. Sorry to come in on the tail end of a thread, especially where you have already received useful feedback Couple of quick questions, if ok... - what windows are fitted in your flat (timber? metal? plastic replacement/double glazed units?) - what heating do you use (central heating? gas fires? calor gas heaters...?) Like MrShed I've seen walls streaming with condensation. The Local Authority's Environmental Health Officers should be able to assist though - although be cautious/openminded as to their advice too Admittedly some years ago now, but an EHO claimed a client's flat was suffering from rising damp, as the EHO's 'damp meter' said so - but ignored metal crittall windows that had been sealed shut with silicone mastic (by the tenants), a couple of calor gas heaters that were being run pretty much continuously (by the tenants), with clothes being dried over radiators (by the tenants)... it was proved that rising damp was NOT the issue... Back to your query though, sorry, did you pay a deposit, if so, is it protected? If uncertain, post back here, as the general consensus on CAG is not to ask the Landlord, not yet. In a similar vein, where you provided with an Inventory / Schedule of Condition, if so, did you acknowledge receipt of the same? Also, do bear in mind that some Landlords take exception to being taken to task, perhaps, more so, if they are a 'best mate's mum' - so may seek to serve notice for possession on you. For whatever it is worth, it does sound like you are best out of there though - but, still, no point upsetting your friendship, perhaps... Do post back to say how you get on and best of luck
  23. MrShed, hi, good to see you back - that said I've not been around much either, of which more (perhaps) later. I've sent a PM to rocker1 earlier in the week setting out how he could approach this matter , which does not run contrary to the information contained in your post...
  24. Your dealings are with your ex-friend, not the University, but you want to keep it sensible, polite and friendly with them - as they may be able to help you here. Keep it simple. He's a lodger, he's trying to pull a fast one, you simply want him gone by the end of May and no later. It's upsetting enough for you to be let down by a friend in this way, in your own home, and there is also the issue that he could create further problems with the Agency letting that is being arranged for July. If your ex-friend does not leave then he is causing issues for everyone, so, going by May gives EVERYONE time to calm down - and find alternative accomodation. The paperwork that was produced was solely to assist in him getting a car parking permit and your ex-friend is now, arguably, misrepresenting the position There is nothing for the University to sign here either - and it may annoy/aggravate them if you ask/insist Instead, you could simply say to them that your ex-friend has to go (for the reasons set out in the second paragraph, above). You could say that you will set this out in a simple letter to your ex-friend, as he is not responding to calls, or texts, and is staying with his girlfriend anyway (do you know where?). You could say that you will leave the letter in your ex-friend's room, as well as delivering a copy to his girlfriend's address, and will have a witness (another friend) along to confirm this has been done - even have a photographic record of the same etc Make it clear to the University (politely, sensibly) that you feel your ex-friend is misrepresenting the position, that he is just a lodger, and is taking advantage of paperwork that was produced long after he moved in, just to sort a car parking permit... and that as much as you understand Tenants have rights (your exfriend is not a Tenant, btw) it is not right that a Landlord should be taken advantage of in their own home by a Lodger, least of all someone who was a friend... Bear in mind that after all of this you want, if you can, for the University to be on your side here, for they will report back to your ex-friend... and won't, perhaps, be wanting to upset Landlords, who could so easily go to the press (I'm not suggesting you do so, or even mention this, yet, more that I'm typing at speed...) so, if you can, you want them to be able to say, on balance, as a Lodger he will be given enough notice and should leave... Whatever notice you give to the Lodger may it simple, do not refer to AST's / s8 / s21 (yes, now read your other post...) and make it clear that on the day he leaves he is to return all keys, ensure he has settled any utility bills, as appropriate, and left his room clean and tidy... there are more formal notices out there, but hope you get the gist. Others should be along soon enough to comment, as it has been many years since I dealt with lodgers direct And - sorry for going over old ground - why did the friend become an ex-friend? Was it over this? Don't mean to pry, just getting a feel for where/why it's gone wrong for you. Might come back to edit that question btw, as typing quickly here Incidentally, what have you actually agreed with the Agency (and, forgive the question, but signed for too...)?
  25. You are welcome... If he's been receiving - and replying - to your emails and this is still not sorted then you do need to seriously consider approaching the Environmental Health Department at your Local Authority One thing they are bound to mention - or, at least, I would hope so - are the Landlord's "Section 11" obligations, aside from his legal duty to carry out annual gas safety checks, and a general duty of care to service the appliances too Section 11 (copied and pasted from elsewhere, I'll PM you the link as CAG does not always like links to other sites) "The principal source of the landlord's responsibilities is statutory. The Landlord and Tenant Act 1985 section 11, which is implied into all tenancies of less than seven years duration, states that the landlord must: a) keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes, b) keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation (including basins, sinks, baths and sanitary conveniences but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity, and c) keep in repair and proper working order the installation in the dwelling for space heating and heating water. This provision is implied into all tenancies entered into after 24 October 1961 and imposes an obligation on landlords to effect basic repairs, which is absolute. Section 11 cannot be excluded from any residential tenancy and a landlord cannot negotiate with the tenant that section 11 will not apply to the tenancy. If the landlord did this and the tenant then chose to pursue a section 11 disrepair claim, then the court would not recognise that agreement. If there is an express term in the tenancy agreement to repair and it falls short of the requirements of section 11, the whole of section 11 will be implied into the agreement. However, it is possible for a term in the tenancy agreement itself to impose greater liability on the landlord than the statute requires." So, as you see, it really IS for the Landlord to sort... Hope that helps and good luck too
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