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andycuk

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  1. Hoping you guys may be a able to give us some advice following the end of our tenancy. We have been with a landlord for six months we were told at the start of the tenancy that he only wanted a six month tenancy as he wanted to see what we were like as tenants before committing to a long-term let. After four months we were told he was putting it on the market to sell. We were issued with a section 21 notice from the letting agent which expires on the day we move out. It appears that we have just been used as a stopgap as the property was sold within three days of being on the market and no viewings. We believe that there was a buyer waiting in the wings from the beginning. The landlord has then given us a bad reference with our new letting which has now fallen through, our current landlord was challenged by our new letting agent and immediately began backpedalling this reference has been rescinded. Unfortunately we have still lost the new property because of this reference despite changing it and stating that he lied. We now have six days until we are due to leave the property and have nowhere to go. We have approached the local council who have told us that we should stay put in the property we are in and wait for a possession order and then an eviction order. I have to say I find this a little extreme especially as it is advice from the council, however with three children we do not have anywhere else to go. Has anyone had any experience of this previously or can offer us advise as to where we stand legally with the advice we have been given. We are obviously concerned with the children at the house what action the landlord could take against us if we do not move out on 13 June, despite the fact that it is his fault that this has come to this. We have always paid our rent on time and the house has been kept immaculate. We would greatly appreciate any advice you have to offer. Many thanks Andy
  2. Hi All I am hoping you maybe able to help its a bit complicated and a long story so will try to keep it brief in list form. CHILDREN'S FAIRGROUND RIDE STORED AT A SITE IT WAS IN USE AT PERMISSION FOR IT TO BE THERE. WAS TRAILER MOUNTED AND PACKED AWAY. RIDE WAS STOLEN FROM SITE 2003 REPORTED TO POLICE NO TRACE. 2009 FOUND ON EBAY CASED UP AND DOWN COUNTRY EVENTUALLY FOUND IN DORSET. FULL POLICE INQUIRY INTO THEFT. ALL PARTY'S TRACED AND TIMELINE ESTABLISHED. THIS TOOK 3 YEARS AND ENDED TODAY. TRANSPIRES THAT THE COUNTRY PARK WHERE THE ITEM WAS STOLEN FROM HAVE ADMITTED THEY HAD DISPOSED OF THE RIDE TO A THIRD PARTY CLAIMING IT HAD BEEN ABANDONED.(IT HAD NOT BEEN, I HAD IT THERE WITH PERMISSION) NO CONTACT WAS MADE TO MYSELF BY THEM STATING THEY WERE DISPOSING OF IT AND NO SUBMISSION DURING ALL THE POLICE'S AND MY INQUIRIES BETWEEN 2003 AND NOW, THAT THEY HAS SOLD IT TO A THIRD PARTY. THEY HAVE NOW TOLD THE POLICE THAT A FORMER MANAGER HAD TOLD THE GROUNDSMAN AT THE PARK TO DISPOSE OF IT. THEY CLAIM THEY SENT ME A LETTER IN 2003 (WHICH THEY DID NOT). Now the Police were looking at this as a criminal investigation and with the submission today by the groundsman, the Police have stated that this is a civil case. I am hoping that I may get some advice as to how I can proceed with this? Can I take the Country Park to Small Claims Court (items value was £5000). Can I sue for loss of income? Can i represent myself and what are the costs? What information can the Police legally release to me and do i need to go through a Solicitor to obtain it? Any other thoughts or ideas you may have. Thanks so much for any advice Andy
  3. Thank you so much fantastic help. What about when he can give notice?
  4. Hmm interesting point would still be interested in what the notice period etc eg previously mention?
  5. I am dealing with this as lead tenant if you like this is a house share
  6. The guy pays me and I then pay the rent to landlord he moved in with the landlords permission and knowledge
  7. He stated he did not want a tenancy agreement. The 12 month short hold tenancy ended with current landlord on 1st Novermber 2010 was never renewed
  8. I am in a house share with 1 other who has given me notice to leave the initial period was from the 27th June for a minimum of 3 months he has given me notice via email on 12th September that he is giving me 2 weeks notice and will be moving out on the 24th having taken the verbal notice as being from 10th September. He is stating he is an excluded occupier and only has to give reasonable notice, and he believes that 2 weeks is reasonable. Having looked into the definition of an excluded occupier it states that it is someone who lives with the landlord, I am not the owner/landlord just another tenant. I believe this makes this a periodic tenancy, unfortunately the this person that took on this room did not want a tenancy agreement when he became part of the house share. I would ask can someone please clarify where we stand on notice period and when he has to give notice I believe it is 1 months notice (the rent is monthly) and is from the date the rent is due therefor from 1st October for 1month. The advert I placed for the houseshare was for a min of 3 months he moved in on the 27th June so has not as yet completed the 3 months.
  9. Hi Folks Hope you can advise me of what to do next with regard to the follow. I will try to outline this as clearly as possible. Bought a Land Rover on finance. Got into finacial difficulties during divorce, Land Rover not interested and told me to sell it and repay finance. Which was done. Deficit of £1800 which was taken to court for recieved a CCJ followed by attachment to earning of £40 per month at source from my employers. £40pm stopped in February 2009 so assumed had paid it all off. Letter today from a company called Link Financial Outsourcing, stating they have purchased the Debt from Ford Credit Europe PLC (finance was with Land Rover Finance so why its Ford now do not know) and that the account is £657.16 in default. They are demanding full payment in 7 days and threating to pass on to a DCA or a Solicitor and take Legal Action to either recover vehicle, enforce a judgement on an asset or property or instruct baliffs to sieze goods. Can anyone please tell me where I stand and what should I do now.
  10. Hi I recieved a letter from a solicitors that had been forwarded from a previous address stating that I owed £521.67 to a company in America Arrow Global LLC.This is the first I have heard of this company and have certainly not had any dealings with them. The solicitors were Bryan Carter & Co in Weybridge. I wrote to them with a template letter the "prove it" letter, and also notifying them of change of address, this was done by recorded delivery. This morning I recieved Judgement for the Claimant at my new address stating I have a county court judgement and have to pay £50 stating I have not replied to the claim form. Can any one tell me what I can do now? Many thanks
  11. Yes I am currently compiling my evidence for the ADR hence the post
  12. These are the deductions that they are claiming. Here is the list they are claiming:- x2 paint chips on landing £50 Torn Curtains £50 Broken door £60 cracked doors in freezer £82 to replace Damp in front bedroom £100 oven cleaning £75 living room curtains £84 dining room chair covers £50 defrost fridge freezer £25 limescale in shower £25 windows cleaned £30 hoovering cuboard and behind a bed £20 removal of rubbish (part of a lawn mo0wer £30) gardening £320 Now some if this stuff was down to us we did not have the windows cleaned before moving out but the rest reasl is fantasyland. These items are not listed on the inventory and we were not present for the check out any advice please?
  13. Hi Attached is the basic check in report done by our LL I have also listed the claims they are making for damages which they are claiming were cause by us and the amounts being claimed. This report was done by themselves not an independanbt third party and the check out was done by them with us not being present. Could I please ask if you could have a look at these items and comment on them? Many thanks in advance Andy check_out.doc checkout2.doc
  14. Hi all We are currently compiling our evidence to go back to the DPS and was hoping to get some more advice and guidence from you guys and girls please. We have a very very bacis inventory from the LL it was done themselves and is very vague. I am attempting to scan it to post it on the site so bear with me on that one. In the claim they are claiming £320 for garden expenses claiming we left the gardne overgrown. (this is infact incorrect) on the inventory the garden is just listed as front and back of property. Are they able to claim for this? We left the garden in the same condition as we found it. There is also things that they have claimed we have damaged (cracked freezer draws) that were broken when we moved in however these items are not mentioned on the inventory. Where do I stand on this any ideas? Many thanks Andy
  15. Thanks for that we left on the 31st October at 1500 and have a letter from the LL confirming that. Sorry to be a pain but why does it overwrite what is in tenancy agreement?
  16. Steve M some really helpful information there copyed and pasted this from the "Short Term Tenancy Agreement" 1.6.1 The Term shall be for a definite period of twelve calendar months from and including 1st November 2008 to and including 31st October 2009. 1.6.2 If the Tenant remains in the Property beyond the end of the initial fixed term and no new fixed term Tenancy comes into being then the Tenant will have a Statutory Periodic Tenancy by virtue of Section 5 of the Housing Act 1988. 1.6.3 The “Term” is to include any extension or continuation of the fixed term (but not a replacement tenancy for another fixed term) or as a Statutory or Contractual Periodic Tenancy. However further on the tenancy agreement states 2.5 Tenants Break Clause 2.5.1 If the Tenant intends to vacate at the end of the fixed term he must give the Landlord at least two months notice in writing. 2.5.2 The Tenant may bring the tenancy to an end at any time (but not within six months of the commencement date) by giving the Landlord at least two months notice in writing from the rent due date stated in clause 1.7.4. Is what you have already said still valid? They are also attempting to claim for alledged damages that were already present how do we stand on that?
  17. Yes deposit was protected and have started the dispute process but this is our first time with this and are unsure what to expect!!! Can you expand on this no notice required suggestion anyone?
  18. Good morning Just found this website by chance and hoping I maybe able to gain some assistance from your goodselves so here goes:- Our tenancy agreement was due to fiinsh on 1st November 2009. I contact Landlord by telephone (who lives next door) to state that after 12 months at the property we would like to leave, due to excessive noise and anti-social behavoir from other properties in the block, and as shift workers (both myself and partner work for emergency services) this was becoming an issue. He agreed and said he was sorry and I asked him about notice he stated 1 month was fine and this was confirmed by me by letter and posted through his door by hand. we have now recieved a letter from them stating we did not give two months notice and they are withholding £950 from our deposit for 1 months rent in lieu of notice. This was sent 10 days after our departure. Can anyone advice please?
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