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asme

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Everything posted by asme

  1. HI Yes that is correct, I was not aware the sites were linked? I was told that that website might be more relevant for my question, not really sure why it is a big deal? Thanks
  2. Hi All I first discovered some mould / damp / fungus on some walls in the house in April 2012. The agent took photos then including behind the sofa where we sit each night. This area was damp to touch and the back of our cushion was also "wet". There has been works done on one bedroom but nothing has been done on an area behind our sofa. It is this area I am worried about. I checked behind the sofa again on the 4th November I saw and area spanning perhaps 1.3 meters across and perhaps 40cm high of a black/blue ash like stuff. As I said above I was told to wipe this which I did but I took pictures first. It seems to be growing again though 22nd November. It mentions in my contract about the place not being habitable and being able to cancel the contract after one month. It also mentions that a fair proportion of the rent should cease to be payable until it is resolved. Since this began in April I am wondering a few things: I am confused about this timing and who makes the call it is not habitable. Do I need to prove it is a fungus that affects health, who would be able to do that? Environmental health? How do you define inhabitable? The room does not resemble a scene from an alien film but I certainly would not put guests in the room. Do I have any right to see the Landlord’s Policy of Insurance to see if fungus / mould is covered? I only noticed now I should have asked for a reduction of rent at the very least. Can I retrospectively ask for that or how does the laws work here? My deposit is protected with the DPS but if I was able to leave the agreement with this, will the deposit be affected or should that be given back also as normal? Here is the section in question from the agreement. Would appreciate any advice, the canny amongst you will probably note I am interested in leaving the property anyway as it has been constant issues really but we have been locked in pretty good. Interested if this could be used to leave, and anyway if it is going to give me breathing problems I would rather not be sat 4 inches away from it each night. Thanks
  3. Yes I do have the landlords address (in another country) but it would be most unlikely that he will agree I would think. The letting agent has said they would put forward the offer of paying their fees to the landlord so the idea being there is no cost to the landlord therefore they should not object. I still smell a rat with these fees but it seems the tenant has no rights, whats to stop the landlord asking for the moon. All jokes aside there seems to be no limit to it really, hard to find guidelines other than "pay whatever and you should be jolly well grateful you are getting out of it".
  4. Hi All I signed up as I have a question regarding my attempt to surrender my tenancy after 4 months of signing a renewal. I have personal reasons for wanting to leave which do not effect the problem I have. It is a genuine reason I have been at the property for over two years (this is my third renewal). I would rather keep the reason to myself as I do not want to be identified just incase the letting agent may read these forums. I understand that a surrender is a mutual agreement between landlord and tenant to release me from the tenancy agreement. I fully understand I am liable for the rent etc. There are no break clauses in the contract. Here is my issue. The lady I spoke with today (letting agent) has said that the landlord has paid (or will pay in monthly instalments) her £1200 for the year tenancy for management of the property plus £150 admin fee for finding me as a tenant. Now the thing is, she has said If I want to leave then I need to pay £800 to the letting agent plus £150 admin fee to find new tenants. This is due to me leaving four months into the contract (1200 - 400). There is no mention of this in the contract I signed nor do I recall ever signing any other document to say this would be ok to charge in this event. The agent admits it is not in the contract (rather forcefully) and keeps on going on about how I signed a legally binding document. By document they refer to the assured shorthold tenancy document. Not once have they mentioned any other document (such as a terms and conditions document for them as letting agents) outlining these charges. I should point out here the Landlord has not been contacted let alone stated this figure would be required to accept the surrender, this is the letting agent who is asking for this and they said it is not negotiable it must be paid by someone (me or the landlord). So even if the landlord did agree to pay this, they are then going to charge the landlord for a new 12 month period of £1200 plus another £150 admin fee for new tenants. So of course landlord will not agree to this I imagine. The letting agent also threatened to simply not bother emailing the landlord at all the more I pushed her on the issue, it seems to me they want to pocket the £800. I am quite happy to pay any rent up until someone else comes into the property, and even happy to pay the admin fee but I cannot make sense of the £800. The letting agent argues they are entitled to this money as they did the work of finding me as a tenant but to my eyes it is free money for them. I have tried to get advice from the CAB but I was unable too today. Also tried shelter and they were always busy...... My worry is I do challenge them more on the issue and they refuse to ask the landlord full stop about a surrender. I have landlords address which I am considering writing too after I have some facts. Can anyone help? Is it worthwhile checking any industry bodies if this is standard practice? Thanks PS on reflection even if there was some way to prove this charge was dodgy (which it may not be of course also), then they would just go to the landlord and say "you have to pay this" and he will say no I wont I will not release him. Seems I cannot win here.....
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