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R J Dearden

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Everything posted by R J Dearden

  1. Were the promises of things to do put into the tenancy agreement? If not you have little come back on the agent unfortunately. As above ensure when you send in the amendment sheet it states that the property was filthy dirty despite being promised that this would be done. Is the agent affiliated to any governing body? If so inform them in writing that if they do not get professional cleaners in and someone to carry out the repair you will report them. A landlord (through his/her agent) has an obligation under law to repair faulty or none working items provided by the landlord at the tenancy commencement. Inform the agent that if they are not prepared to execute a repair within a reasonable time frame you refer the right to contact a tradesman and deduct the cost from the following months rent and that you may contact trading standards over their unwillingness to carry out repairs.
  2. Unfortunately he can and does not need to give a reason. No harm in asking whether he would consider letting you stay on a month to month tenancy.
  3. Easiest thing to do is to write to the landlord providing one month's notice (as that is all you need to give!) - if your rent is payable monthly and the rental started on the 1st of July then you need to ensure that the landlord receives this notice by 1st February thus allowing you to vacate on the 29th February. Keep a copy of the notice and ideally hand deliver the letter if the landlord lives locally or send it registered post. Alternatively you need to arrange a mutual surrender of the tenancy agreement which will allow you, with the landlords consent, to leave on an agreed date and all obligations under the tenancy agreement would cease. Is the deposit protected under one of the three govt recognised schemes?
  4. If you have a six month fixed term contract you should not need to give notice but leave at the end of the term. The notice period in the contract is an attempt by the landlord or their agent to obtain plenty of time to relet should it be necessary. If you are in an AST you would only need to give one months notice anyway - their contract cannot overwrite a statute. Strictly their contract should read to give one months notice anytime after the expiry of 5 months.
  5. Which type of tenancy would you use then? To the OP. I note that the S8 has been served which is the correct initial process for evicting tenants with rent arrears whereby you are seeking possession and a money judgement against them. If the tenants are in month to month or statutory periodic contracts then you may prefer to ALSO serve a notice to quit upon them and if they fail to vacate you have the OPTION of taking the accelerated possession route. You would have to sue them separately for rent arrears as accelerated route does not allow for a money judgement.
  6. Sorry I believe you are incorrect. Shared facilities within a house with individual rooms being let can still be done under AST's as long as the landlord does not live there!
  7. On top of the above if both tenants are 2 months (for monthly rent payments) or 8 weeks (for weekly contracted payments) you can serve a notice of intention to take legal against the tenants - this is the 1st process of suing them for rent arrears and evicting them through the courts. If they have individual agreements you will need two of them. Similarly are they in month to month or fixed term contracts as at the same time if in a month to month serve notice to quit upon them at the same time. Websites such as [EDITED] maybe able to assist you.
  8. What type of tenancies do the current tenants have? If they are AST's (assured shorthold tenancies) one of the requirements is that the landlord DOES NOT reside at the property that is let. Personally I would not therefore move in if they are AST's as this could affect any legal actions to evict the tenants.
  9. I would read from the info provided that you can serve notice at anytime, however that notice will not commence until the expiry of 4 calendar months thus giving both parties a min 6 month term. Are you still within the initial six month term or has the tenancy been extended upon another fixed term or month to month contract? As for the costs I guess they are the costs usually paid by their client landlord but if a tenant wants out of a fixed term contract prior to the end of a term it is reasonable to expect the tenant to pay the landlords costs to break the contract.
  10. Did you get any notification from one of the three recognised Deposit Protection services at anytime following the tenancy commencement? What does the tenancy agreement state as to who holds the deposit? I hope that the landlords agent was not holding it? If they did were they a member of a governing body which means that the deposit maybe protected under a "bonding" scheme. If the deposit was sent to the landlord I would personally request that the landlord places this within a recognised scheme within 7 days.
  11. Is this through an agency or direct? Have you paid any monies (rent and deposit) as well as signing the agreement?
  12. IF your tenancy is an AST (assured shorthold tenancy) then under a month to month tenancy (aka statutory periodic) tenant's can serve ONE month's notice - usually such notice to commence from the next rent due date. An AST tenancy agreement that states you must serve TWO months notice cannot overwrite a statute of law stating that one month is required.
  13. 1st thing I would be doing is getting the LANDLORD to arrange for a Corgi registered heating engineer to attend - one as above to get the safety certificate done and secondly to check the whole system over. It is a Landlords responsibility under law to produce/instruct both a safety cert and provide space heating/undertake repairs.
  14. As a tenant you usually have no contract with the letting agent. Your tenancy agreement is contracted between you and the landlord. Is there anything specifically within the tenancy agreement over the supply of a secure car parking space? If it has and this has not been provided you MAY with further advice have some case against the landlord who would then have to take this up with their agent.
  15. Firstly this does fall under Assured Short-hold Tenancy rules under the Housing Act as it would appear that the Landlords are resident at the property where your son was residing. Any agreement would have to have been done under a License instead. I do not know whether these can be set up verbally. Even if they can was a fixed term agreed and were any notices to quit agreed? Very difficult I would have thought for either party to prove either way and therefore personally I would ignore their demands for back rent completely. How you get the TV back I hope someone else can assist. Good luck
  16. There is no accelerated process under Section 8 - accelerated possession can only be applied where the S21(1)4 Notice (ie served within a periodic tenancy) has expired and the tenant has failed to vacate. Other rulings in there too about requiring deposit protection and a written tenancy agreement in order for this process to potentially work. A Section 8 is not eviction in on it's own - it is a document informing the tenant that the landlord is going to enter into legal proceedings (usually following 14 days of the notice being received) in an attempt to obtain a possession order which can only be given by a court following a hearing. If the landlord serves notice and the deposit is not protected then that notice is not enforceable should the landlord seek to subsequently go through the accelerated possession route. ie the landlord would get the paperwork thrown back at them by the court. To the OP - I hope the landlord does not serve notice upon you but let us know if this does happen.
  17. It depends whether you want the security of a fixed term tenancy extension over a month to month contract. You could either state that you want another fixed term but you are not willing to pay anything and any costs are to be borne by the landlord, or if you believe that the landlord is renting for the long term ask for it to revert to a statutory periodic tenancy (month to month) which the tenancy will automatically fall into and should not require a charge. The month to month carries on indefinitely until either party serves notice upon the other.
  18. I would submit a defense personally and not rely on the HA to stop the court process - submit copies of the letters obtain from the HA confirming that they are dropping the possession action against you at this stage. In addition to this you could ask the HA for copies of the letters to the court confirming that they are now not pursuing the possession claim against you. Again in maybe worth getting all this verified by Shelter or CAB prior to sending.
  19. I think you need to differentiate as to what is a repair and what is an upgrade: A repair that the landlord is responsible for is an item (such as a boiler or oven) supplied by the landlord as part of the tenancy and it fails due to wear and tear. The landlord then must arrange a repair for these items. If he is abroad for a month at a time what happens if the boiler does fail? Has the landlord left details of an insurance policy such as British Gas cover or an engineer to contact? An upgrade IMHO is something which you are requesting once you are resident and was not supplied by the landlord at the tenancy commencement or agreed as part the tenancy. A landlord may listen to requests but does not have to act upon them however good or free the upgrade may appear to be. Good luck with your negotiations.
  20. There appears to be a consensus on here that the agent is always the one who is to blame. In some cases this maybe true but the agent acts/works for the landlord who is their client and they must take their client landlords instructions. So it maybe the landlord who is insisting on a fixed term. Therefore to the OP I would write to agent requesting the agent contact the landlord to request a month to month or statutory periodic tenancy. Alternatively if this is refused request a fixed term extension with a one month break clause in your (the tenants) favour providing one month's notice from a rent due date (if the rent is payable monthly). OK you may have to pay £50 for the pleasure but it may get you want you want.
  21. It is a statutory obligation for the landlord to provide space heating and hot water. The landlord must therefore do everything reasonably possible, as quickly as possible, to get this system repaired/replaced. In the meantime the landlord should really provide some alternative form of heating. For instance I have some oil filled plug in radiators which I have taken round to tenants on one occasion when the boiler needed a repair. Alternatively you could supply your own and if the landlord is not diligent in their effect of the repairs you request that a proportion of the rent is suspended until the landlord has effected repairs.
  22. Accelerated possession procedure only has a court hearing if the judge wishes to have one. Some cases that are not defended by the tenant and where all the paperwork is in order may just have an order for possession sent out in the post once the judge has gone through everything. As a tenant you should have a form of reply (or similar) I would send it to the court with copies of the relevant letters from your landlord confirming no more rent arrears and possession claim and hopefully the court will throw it out. I personally wouldn't rely on the landlord to do this on your behalf. Iirc you have 14 days to get your form back to the court. Good luck
  23. Inform the landlord that you are checking the bank at your end as it has left your account but get the landlord to confirm the account name, account number and sort code that the payments need to made to. If the bank details are correct inform the landlord that is what you have and you will inform them of the outcome of the bank's investigation into why payment has not reached them. If your original contract was an Assured Shorthold Tenancy, once the fixed term expired it automatically falls into a month to month tenancy or statutory periodic tenancy (same thing). If your rent is paid monthly then the landlord needs to give 2 months notice from the next rent due date to serve notice to vacate and tenants can serve one months notice again effective from the next rent due date. The original terms and conditions of the original fixed term contract still apply except for the notice periods mentioned. If the landlord provides another fixed term contract or contract extension then this supersedes the previous month to month contract and unless there is a break clause the contract is fixed until the end date.
  24. I would get the CAB to check any correspondence prior to forwarding - it cannot do any harm. Yes there is usually a court hearing as long as: The landlord or their solicitor have completed the correct forms and all their paperwork is in order. As you would probably defend any such action on the basis of an arrears agreement in place and that was complied with the judge MAY decide not have a hearing on the basis of wasting the courts time or MAY ascertain that this is fact correct from both parties at a court hearing before dismissing the case. Always difficult to say what would happen but judges do not like making people homeless. I would not worry about this as any legal action by the landlord MAY never happen. IF something does happen there is lots of time to deal with it correctly at that time.
  25. The landlord should really provide plug in heaters whilst this work is being out as it is statutory obligation for a landlord to provide space heating and hot water . If they do not provide alternative forms of heating ask the landlord for a portion of the rent to be suspended whilst you have no heating. It is also a statutory obligation for a landlord to provide a valid Gas Safety Certificate. Please ensure that the landlord issues you with one for the new installation and it is renewed on the landlords instructions and cost annually. The fact that he did not have a valid certificate puts the landlord in a bad position as they could be fined or even go to prison should you decide to approach the appropriate authorities.
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