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camptownraces

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About camptownraces

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  1. The landlord has an agreement with a Tenant, which consists of two people until March 2017. The only way such a contract can be ended before March 2017 is if both parties, L and T, agree. In law the landlord doesn't have to agree to it, and if so, the person who wants to leave will be liable for rent until next March. Tenant can't serve a notice to quit while in the fixed term of the agreement. Tenancy agreement sounds perfectly clear on this one: £180. A new agreement will have to be drawn up, new deposit protection with all the prescribed information issued. Also, check out inventory and deposit returned, more reference taking, credit checking, inventory on check-in, meter readings, utilities put in different names etc. That's why it won't be free.
  2. By the sound of it, both houses were acquired from council some years ago. If so, it's no longer the council's responsibility to maintain the buildings. The owner occupiers have a duty to keep the houses in good repair. Building Control's involvement would have ended when next door's shower room was completed. Not sure that this would be high priority issue for Environmental Health, unfortunately. There is a civil matter - it's between mother and her neighbour. Get back to mother's insurers: of course they should set up a claim on her behalf - there is damage against an insured risk, getting worse by the day. Don't put up with any nonsense. Mother's insurers then claim off neighbour's insurers, or neighbour in person if not insured.
  3. 1. Of course the landlord is "allowed" to contact the utility companies when a tenant moves out, because all the accounts will have to be transferred to the landlord's name. He will also have given closing meter readings to the utility firms. No doubt the companies will have said "could you give us an address to send on the final bill, please?" and landlord will have replied, "I only have the address the tenant gave me before the tenancy began" which was tenant's mum's address. Clearly landlord contacted utility companies before the outgoing tenant did so. If outgoing tenant had been more organised and had got in first with the utilities, the question would never have been asked of the landlord, because outgoing tenant would have supplied current address. 2. No data protection issue here. Utility companies have a right to disclosure of the "new" address: your friend had a contract with them. 3. The "important correspondence" will have been addressed to your friend and may have been sent to the wrong address: but the person living there will probably have put it back in the post with "return to sender" on it. You said your friend had contacted the companies herself to give the correct address. Why was she so slow to do the right thing and phone them herself? What is so sensitive about an electricity bill? we all get them. Your friend should get back to all the utilities, insist they record her address correctly, and send her copies of any correspondence which may have been sent elsewhere in error. This is the correct behaviour, she must sort out the debt.
  4. Two months notice, then Landlord has to apply to a court for a possession order. This could take several months longer, depending on where you are.
  5. Sounds like the drain outside the garage is blocked. I take it that you have contents insurance for your own belongings? it's something you should claim for. Do you know whether the storm drains in your area are soakaways, or connected to main drains? If the latter, the water/drainage company may be able to clear. It may be one of those things which are the responsibility of the tenant - like sweeping the chimney or replacing lightbulbs. Somebody with more knowledge of the law may be able to tell you. Alternatively, if it turns out that this is the landlord's responsibility, I hope you've written him several letters about the problem. You have your landlord's actual address for correspondence, I take it. He may very well be insured for flood damage to his property.
  6. Student loan doesn't fall into the normal definition of income. Student loan is a loan which has to be repaid. Just like a bank loan for a mortgage, while a large some of money doesn't count as income. Earnings, JSA and so on, form income which is yours to keep.
  7. Have I got this right: sister gave notice (at least one month, ending on last day of tenancy period?) intending to move out in March. She is in a contract with Virgin - typically for 12 or 18 months from November 2014. There will be written evidence of that - Virgin are professionals. Even if she moves out this month, there will be another 8 or 14 months when Virgin will be collecting £40 from her. What evidence is there that rent has been paid and a deposit has been paid? She'll need to show some proof of the tenancy existing to a court. She would demonstrate to the judge that she is not in arrears with the rent (relying on the emails/texts from LL from Nov 14 for this). To make a believable claim for three times the deposit, she'd have to convince the LL that her evidence stacks up. She'll also have to show that there is no reason for LL to withold anything from her deposit, eg for rent arrears or damage.
  8. What mariner said. Many flats in converted houses have almost no sound insulation - even the normal noise of shuffling round in slippers can be transmitted at a distressing volume. The only defence at this stage is to involve the Local Authority (Environmental Health?), and keep a log of noise. But I wouldn't bank on that leading to a cessation of the issue. It does seem unusual that the friend entered into a TWO year contract, with you as guarantor. Who wanted the two year term - LL or T? Nevertheless, you would be held responsible for her rent until the end of the two year term, should she leave early without LL's agreement to surrender the tenancy. It's not clear from your post what "other ex renters" have told you about rules being altered overnight. Also, the reference to a "proctology exam". Would you kindly clarify?
  9. "a new cotract was set up with virgin which the LL agreed t back in november 14, and everything was fine she deducted it from her monthly rent and he didnt have any problems with it" This sounds as if sister may only have been in the accommodation since November 2014. Please confirm her move in date. There is no written tenancy agreement - just a couple of texts. A court will therefore assume an Assured Shorthold Tenancy, with a term of six months. So, depending on her move in date, she may be in a contract until May 2015. A bigger issue seems to be the landlord never having protected sister's deposit in a government approved scheme, and serving her the prescribed information. Landlord could be made to pay the tenant up to 3 times the amount of the deposit - but only a court could impose such a penalty. If sister mentioned this to LL, he may quickly change his mind about the Virgin payments and also about witholding her deposit. What evidence (bank statements?) is there of the payments sister made to this LL?
  10. what fee is to be remitted? is the student loan an income, or are repayments an outgoing?
  11. Tell your friend: First phone the council - most councils will send someone out for free if the problem is rats. Also please answer these questions: What has friend done since rats first noticed? Have rats been present since friend moved in? How long has friend lived there? Witholding rent is def a bad idea - more likely to lead to eviction than rat extermination, imho.
  12. dccantona As lea_HTH said. Thanks also to 45002. It is difficult to advise you if you can't or won't give answers to the questions which people asked you over a month ago. Please answer: 1 We presume you paid rent until August 2014. Is that correct? 2 What was your original rent? What was the new rent proposed, albeit at only 5 days notice, by your new landlord? 3 Have you paid any rent since August 2014? if so, was this at the old rate as agreed in your original agreement with your original landlord? 3 If the answer to the second part of question 2 is "no", how much rent have you paid since August 2014? As stated many times before, the court can rely on your original agreement with your old landlord, provided that your new landlord has informed you that he has taken over the property and that there is an address at which you can contact your new landlord. Please don't waste any more of people's time - answer the questions.
  13. How much damage are we talking about? hundreds or thousands of pounds to fix? What was the car worth, and what would it be worth in good condition? Generally speaking, landlords cannot insure tenants' property on landlord's premises, not against theft, nor against accidental damage. It's up to the tenant to take out such insurance. So, OP, have you insured your own belongings against theft and accidental damage? If so, you should claim on your own policy. However, if OP is seeking to claim against landlord's insurance it would probably have to be a claim under his public liability cover. Such a claim would need to demonstrate that the landlord was in some way negligent. Are there any photographs of the wall before it collapsed onto your car - pictures which could demonstrate that it was in poor condition, badly maintained? Any photos of the car before the storm?
  14. "1) We were informed of new landlord details but never received a new contract. Still wanting to know the law re transfer of contract. eg the current tenancy agreement that we are all bound to is with the old landlord just because the title of the property has been sold on we have nothing with the new LL." Sorry, we didn't make ourselves clear. You don't need a new contract, the terms and conditions of the old contract continue. Only the name and address of the landlord has changed. "Re the contract though We do not have a contract with the new landlord he left the old one in place . Yes we were made aware of the change of ownership etc ; even got the new deposit details from DPS. Unless there is something in law re transfer of contract I don't see how they could go to court without signed contracts unless he then claims we are all now squatters! " You do have a contract - the paperwork consists of the original contract plus the notification you were served that the landlord is now "somebody else" at the "new landlord's address." This would be perfectly clear to the judge if it went to court. You are NOT squatters. You keep saying "we". Are you speaking on behalf of all the occupants of the block of flats? Or is it just you and the co-tenants of your flat? You did get some information about deposit protection from the DPS. But are you sure what document it was that you signed in August - did you keep a copy? Were you signing merely to acknowledge receipt of a notice of rent increase, or were you signing up for something else? "3) When the SPT came into affect no new terms were served by LL or DPS. Therefore I agree if the change in contract status requires new documentation then a S21 would be invalid which is the case." There is no need for any new terms to be served by the LL or DPS, the AST continues on the same terms as before, but as a statutory periodic tenancy. Various cases are going through the courts about re-protecting deposits when a SPT arises, and it's we don't have a definitive ruling yet, afaik, since nothing has got as far as the Supreme Court.
  15. There is no reason why new landlord should not use old tenancy agreement. When your property was sold to a new owner, your tenancy continued on the same terms and conditions as previously, AND (1) your new landlord assumed landlord responsibilities, and told you of this, presumably including an address in England or Wales for the service of notices; (2) your (new) landlord served a notice of rent increase, which you could have disputed if you liked. But if you paid the higher rent it is deemed that you have accepted this. (3) your (new) landlord assumed all the responsibilities of the previous landlord with regard to your deposit: you should assume your deposits have been passed from the old to the new landlord. Deposit protection issues are only of note once a new tenancy starts - this could be a "new" or renewal tenancy, or progression to a "rolling" or statutory periodic tenancy. At this stage you may have been served the prescribed information (PI) with respect to the deposit. Have you received this? Deposit protection has to be in order if landlord wants to serve a valid S21 notice.
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