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Everything posted by Snorkerz

  1. Tommorrow morning, go to the agency and tell the manager that they and the landlord are in breach of contract (see mariner51s post about contract to supply) and what are they going to do about alternative accommodation. Take with you a letter to the same effect, but including the fact that you hold them liable for your any financial costs that their failure has caused you since 17th July. Give that letter to them if they don't play ball. With regard to Mariner51s suggesion regarding those costs - it is difficult. You have an obligation to mitigate your costs, and as you had no obligation to leave your last property (unless the bailiffs were evicting you) then one could say (or more to the point, the agent could argue) that it was your choice to stay at your friends. There can be no argument about van hire costs though. Also, such a claim is only for extra costs, so if your rent is usually £20 a night, and you ended up paying £30 a night, you could only claim £10 a night.
  2. If the landlord argues you are liable for rent until the end of the fixed term, you would include in your defence a counterclaim "if the court agrees with the claimant that the tenancy extended beyond 6/4/12 then I claim under section 214 of the 2004 Housing Act". If he accepts it finished before then, you can't pursue him for non protection. The principle Mariner explains are quite correct - so his 'stance' is right - but his 214 failure means you do have a chance of (if nt winning) minimising the loss. Of course a bright landlord would have accepted your implied surrender on 5/4/12 (by when he would have had 2 months to find a tenant if we accept he realised you had offered to surrender).
  3. Does HASAW apply in a non-employment environment?
  4. I suspect they didn't have a fan that had been 'PAT' tested. To give her one that had not been checked would indeed be unlawful. I think the temperature issue is simply because of the weather - it can be particually difficult for those getting on in years.
  5. What problems? I presume you lived in the place with the landlady? What favour did you do for the landlady? Did she say why she was keeping half of your deposit? Did she later say why she was keeping all of your deposit?
  6. If you did dry laundry in your room, then there is no doubt that you will have considerably contributed to the condensation issue. However, if you can show that the landlord failed in any maintainence issues that would have brought extra moisture into the room the you may have a slight chance of defending the landlords claim.
  7. 1) If you are on a periodic tenancy then any one tenant can bring the whole tenancy to an end. If you remain in situ beyond the notice date, you are a trespasser and can be easily and quickly evicted (via the courts). 2) No real reason, other than the fact that if you don't, you won't be offered a new tenancy. 3) A full inventory will need to be conducted to ascertain what if any damage has been caused during your current tenancy. A full inventory will also be required to ascertain the condition of the property at the commencement of the new tenancy. In reality, the same inspection could be used for both purposes - but what can you do in view of (2)? 4) The new contract has nothing to do with the old contract, therefore there is no link between the old rent and the new rent. Your new rent will be at whatever you agree with the agent/landlord. If you don't agree, fine, there will be no new tenancy.
  8. 14 August tenancy will become a SPT in both names. 15th August, Male can unilaterally give notice to end tenancy on behalf of both male and female. Depending on the notice date given, and whether landlord is willing to accept an invalid notice (thus making it valid) the 'joint' tenancy could end on 16th August. Nothing to stop male organising new 'sole' tenancy in parallel with this.
  9. The poin being, he doesn't need a reason. You were given the option of a guarantee to stay there for a further 12 months, you declined that offer (as was your right). Whilst personalities obviously come into this, on a legal/rights basis, they don't.
  10. If you have a periodic AST then the landlord can easily evict you for no reason whatsoever. As he appears to be a multi-property landlord, he will know that. No need for defence or anything like that, indeed a section 21 eviction rarely even involves a court hearing. On what grounds do you think you could 'fight' such an eviction?
  11. Stu, you are quite right, you were under no obligation to agree to a new fixed term tenancy, but the consequence of that is that you do not benefit from a fixed term - does that make sense? With regard to the rent increase, section 13 of the 1988 Housing Act provides for rent inceases on a periodic tenancy, and although there is an 'appeal' process it is quite complex and rarely successful. I didn't realise that the drain was still an issue, and you are correct ther your local councils environmental health officer is the route to take - as it has been outstanding so long (and I presume you have repeatedly requested action) then I think you are being more than generous with your 7 days. I can not believe that central heating is a major issue right now. With regard to repairs, the landlord does have an obligation to ensure that it is fixed ASAP, but even the law recognises that instantaneous fixs are impossible. If one measures reasonableness agains how long it would take to fix if it was your house and being fixed at your expense - that will give you an idea. I would be enquiring as to when it will be fixed and if the response doesn't promise a plumber by Tuesday at the latest - I think that would be unreasonable - doesn't mean it'll be fixed by then, depending on the need/availability of parts. Until then, it's a kettle, I'm afraid, but it's do-able.
  12. Caxtonman: Landlord has every right to sell the property. It does not affect your tenancy, as the new owner will become your landlord with the same rights/responsibilities as the current landlord. It may be that the landlord will attempt to evict you to make a sae easier, and as you elected not to accept a new fixed term contract when offered, then the landlord can do so providing he follows due process. The same would apply to the new owner. What is happening to make your neighbour complain about you? If your boiler is not working, that is obviously a problem, even more so in the middle of winter. Does your landlord/agent seem to be taking steps to get this sorted? If they are, then you have to allow thm a reasonable time to get it fixed. If they are procrastinating, or simply not doing, then you get in touch with environmental health at your local council. It is not harrasment if rent is increased - it is a fact of life. 3 months is a little bit too frequent for inspections, but it is by no means unusual and you'd have a very difficult job of getting a breach of quiet enjoyment proven.
  13. Whilst I agree with you Steve_m, the CPR is explicit that section 214 claims must be part 8. And part 8 is Multi-track (substitute the word 'expensive').
  14. I am currently having an online 'dispute' with a student lawyer over these costs - you may want to read it to see who you believe. http://www.thelawforum.co.uk/tenant-deposit-dispute-%E2%80%93-no-deposit-protection-scheme-please-help On that forum, I am user TenancyServices
  15. If you are alledging that the tenancy ended in February 2012 then case law dictates you have no claim under section 213/214 after the end of the tenancy.
  16. Your point 1 would have failed on the basis that the housing act specifically states that a 'Notice to Quit' shall have no effect on an Assured Shorthold Tenancy. The section 21 notice you were served was a 'notice seeking possession'. The prescribed information required by the Housing Act 2004 - with regard to deposit protection - is not the same information that is required by the "notices to quit regulations 1988"
  17. For a section 21 (no fault) order you are right that the time given to the tenant is usually 14-42 days. Therefore, I suspect that the tenant may be looked on kindly if they were to apply for a stay of execution. However, that doesn't stop you applying based on the order you have. Don't be suprised if there is a wait of 4-6 weeks for the bailiffs (more in SE). If you need a quicker (but more expensive) solution, see here (not an advert) http://tenancyanswers.ucoz.com/index/bailiffs/0-59
  18. Raydetinu is quite correct about the need for an LBA, but I think letters / conversations about court are just a little premature. Lets see how the conversation goes on Monday.
  19. That is pretty much what I thought, but that does constitute 'taking up residence' (especially as your stuff was put in the property). However, I stand by my last comments in the 1st paragraph, that I think a court would side with you on this one.
  20. The key issue is, did you take up residence? Because if you did, then you are tied to the fixed term of the tenancy. Obviously, you will feel that you didn't - but the agency/landlord may well argue that you took the keys and entered the property of your own violition. I think a judge would agree with you, but nothing is guaranteed As I see it, the landlord (with his agent) has breached the contract and is therefore liable for any financial loss that this breach has caused. A contract can only be changed if both parties agree - you had a contract to form a tenancy on date X, they can not change that contract without your agreement, and they patently have failed to comply with the contract. I do suspect that you may have to let a court decide who is in the right (that's what they are there for) but I am pretty certain it would find in your favour.
  21. FWIW (and it is probably not worth much) you do have a contract with the landlord, and the landlord will be liable or any financial loss that his breach of contract has caused you. Unfortunately, a court will expect you to minimise your losses (so no living in a Hotel for 12 months) and with a few months between now and August, the chances are that your losses will be negligible (if any). Still, gives you a bit of leverage with the agency to find you somewhere better (ie with an honest landlord) and maybe gives you some grounds to push for a better property at a better price.
  22. If the landlord agrees to use the arbitration service.
  23. I can see both sides in the argument between Mariner51 and Steve_M. However, as the hearing would be after 5th May (obviously) then I think the new rules would apply. One area where a test case is required - but who is going to take it to the senior courts with the huge expense and a potential win of 1 x deposit?
  24. The costs for a £250 claim via www.moneyclaim.gov.uk would only be £25 if uncontested or £50 if the landlord contests the claim and a hearing is needed. Even for a £800 claim it would be £60/£140. Presuming you win, all those costs are added onto the amount the landlord owes you. I would argue that the cleaning clause is an unfair condition as that would result in 'betterment' - ie the landlord is demanding the place back in a better condition than when it was let to you. Although you are correct that the landlords lack of deposit protection is going to go unpunished, it is worh bearing in mind that a district judge will decide your claim on the balance of probabilities. If you let the judge know that the deposit was not protected, and the judge has to decide who to trust - you or the landlord - who is he going to think is the more law-abiding and trustworthy?
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