CTRL-H
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It is not against any law I am aware of to pay all rent owed, including recovering deposit by using it to pay last months rent. Yet there are laws to control LLs who did not used to repay deposit with almost impunity. Also if the property was not fumigated before T took on tenancy then, from your argument, it is unreasonable to expect big expense on say of LL. LLs swap property rights for rent. If all rent paid and property tidy then all's well that ends well.
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One can did my home after neighbour left with 3 cats and their fleas looked for new home. And my cat and dog were both flea treated. But I agree with you, some unreasonable LLs do expect too much from tenants. That's why I tell all tenants to reclaim their deposit by not paying final months rent. Also saves the trouble of having LL claiming deposit was advanced rent thus not repayable.
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Property service charge dispute.
CTRL-H replied to Treeman1963's topic in Residential and Commercial lettings/Freehold issues
If the OP has time they should read ss18-30 Landlord and Tenant Act 1985, if the service charges as 'variable.' So check on lease if they are fixed. This will the allow them to go to the various parts of Lease-Advice.org. Sounds like s19 comes into play - reasonableness with a little S18 liability to pay. Don't forget S20C application - can't add cost of tribunal to service charges. If agents cannot account for the monies it is possible that the 1st-tier tribunal will expect monies to be paid back - or into special fund. If its £60K fee for Tribunal is apparently £100, but check this as it was more a few months ago. Hearing fee £200, so ask for paper determination. The following link is a must read for an overview. http://www.lease-advice.org/advice-guide/application-to-the-first-tier-tribunal-property-chamber-2/ I am already in Tribunal and representing myself. LL thinks to spend £15k on defence for £few000. It is supposed to be informal and low cost. If agent has not kept receipts, it is still the agent who has to prove income and expenditure. No need for you to see bank statements and no use. Ask for refund and mention tribunal. The tribunal will expect you to make reasonable afforts to get agreement from agent without need for tribunal's input. Good luck. As an after thought, it is worth searching the tribunal decisions and noting the cases to quote them in your case. This may give you the confidence needed to represent yourself. I also found the barristers blog in http://lawandlease.co.uk/ very informative. It's £60k and good experience. -
If it is about the possibility of fleas then for as little as £4 a can of flea killer can be sprayed around as the last thing you do before you leave. Keep the receipt. Most tins do 3 bed house. Do what it says on tin and leave note on door about when the 30 mins or whatever it needs is up. I'm assuming hoovering and tidying cleaning etc. Job's a good un
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3 month Rent arrears
CTRL-H replied to NotMe01's topic in Residential and Commercial lettings/Freehold issues
If you have no income, as you have not been paid, can you claim housing benefit as a stop gap? This may give you enough funds to pay LL something. Can you pay LL anything? It will take a few weeks for HB claim to be processed and any housing benefit must be paid to LL. Are you a private tenant or from a social landlord/council? If I remember correctly LL can have madatory ground for private repossession for 8 weeks late with rent, but as implied above the rent payable a year in advance may have a bearing on the notice period you would be expected to get. Good luck -
It is accepted that this is a national problem. Is there a way to ask a judge to decide what S54 PoFA really means so that the cops have to follow the 'recommendation.' I understand it won't set a precedent, but it is informative. I have a real problem with people thinking they can control me without authority. I do appreciate your advice.
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ericsbrother you make a good point. Without T&Cs I would not know what they would do with my car, but I bet it would be more expensive. Lots to consider. Thanks
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Thanks ericsbrother that does make sense. So what is the civil remedy for a breach of S54(1)(b) of PoFA? I do not want to leave it at that. I got a reply to the FOI request to the CPS and they offer no advice on S54 PoFA, but there has been a single magistrates case (no outcome known) The government advice is here: Google => "fact-sheet-part3.pdf gov.uk" The title is Part 3 protection of propety...... Car park failed on every aspect of gaining/earning 'lawful authority.' The Police will not apply or follow the GVMT advice so motorists will continue to be ripped off. Thanks to everyone for the advice. It is invaluable. I appreciate your time and accept your advice.
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I agree landowner can do what they like with the land. However they cannot do what they like with the people whom they invite onto the land. The landowner cannot control people on the land, but we do tend to comply with reasonable expectations. I don't have a problem with their putting up a barrier, just that they think they can detain people and coerce people to agree that there is an implied contract. But the contract is an unconscionable contract coming from the 'inequity of bargaining power' & thus simply wrong.
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Hi all. Does anyone know whether Terms and Conditions on a website are simply informative or can they be in effect and constitute an "express contract?" .. when not for distance selling/purchase from website. I ask because a company just keep stating that their T&Cs are on the website, when the law expects them to be clearly on view and on site (in a car park). If there are no T&Cs as the express contract, then there is nothing for any proposed 'implied term' to be implied into. Unless the 'implied term' is implied into 'common law and custom.' Thanks in advance.
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Thanks for rotating the photo. Another point is because there is nothing on the tariff sign to say whether the alleged contract is with VCS or Liverpool Airport, there is no way for a motorist to know with whom they have the alleged contract. My Dad also says that you can't have a car park on a highway. This car park and the multi storey are accessed by driving on the highway, for the multi storey you drive straight ahead, continuing on on the highway. Would it not be action estoppel to now claim for criminal damage when they said they would not? Thanks for the advice. I may go to court for 1) detained without 'lawful authority' by the airport; & 2) coercive questioning to get me to agree a contract with repeated attempts made and snarling (curling of lip) when their claims are countered with facts. Take care all.
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Hi. No chance to read signs as they are too small for the road and no chance to avoid going into the car park, after following filter lane from r/about. SAR to the airport and the Police .... waiting for responses. Trying to upload tariff sign, which I would read as take 20-30 minutes cost £2 i.e. under 20 mins free. Its Express Drop Off. I agree its not abour £2. It is about this is the only place where they quantify their loss of having a customer dropped off as at least £2. The airport will not be billing me, they will "absorb the cost this time." The approach road layout is confusing. I'm going to measure the "clearway" roundall and capitals to show they are too small, but Liverpool City Council are part owners so involving trading standards may well involve another conflict of interest. I'll also take pics of the sign being obstructed and then from the most disadvataged driving lane i.e. the left Thank you and sorry if I can't rotate the photo. I'll put them up separately. pix.pdf
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Hi I'm new to forums. I dropped an air passenger off at Liverpool Airport's "Express Drop Off" zone, in a car park that I could not avoid as it was on the end of a No Stopping road. I was stopped for 30 seconds. When I went to the barrier to leave they demanded £2 and went on about a contract and a sign on the road which I had not seen and more .... after about 20 minutes I snapped the barrier by pushing it out of the way and went to leave in my car. The car park called the Police who asked very similar questions about a contract. Now I've investigated and found PoFA S54 and do not like the idea that a person can detain me on the grounds that they demand that I have agreed to a contract of which I am unware. Oh my defence for snapping the barrier is that I was trying to prevent a crime. No further action. So I've begun the Practice Directions pre-action letters and get a reply from the car park supervisor. They have a ParkMark accreditation, but don't bother to display T&Cs, as required. No T&Cs = no contract, not just for me but to anyone. They detained me for 45 until cops let me go. I asked the cop if he was recording his trying to coerce me into agreeing to a contract. He was. Snapping the barrier was proportionate and reasonable in the circumstances cos I felt trapped. Does anyone know where they got the right to detain me from cos it ain't S54(3) PoFA 2012? No one should be confused into accepting a nonsense contract, that is not on offer, by hostile, sneering people claiming that a sign on a 40 m.p.h. road which is only in view for 3 seconds as it flies past means you've agreed a contract and pay up to leave. Already found, item 24 Sch 1 unfair terms, signage is substandard and does not conform to BPA, Fraud by false representation and abuse of position. Thanks in advance. I know I'm a nuisance but I don't want other people barracked like I was.
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