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Joa

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Everything posted by Joa

  1. Hi! A bit worrying indeed! Immediately call the Environmental Health department of your council. Whilst talking with the council, check if they have a private tenancy advice service. Check whether your student union has an advice service (vast majority will do and they are quite good) and ask for help in chasing this issue with the landlord. Use wood or rubber implement (no, rampant rabbit is no good!) to touch the switches and appliances. Currently, there is no obligation on the landlords to obtain an electricity "safety certificate" in the way they have to for gas. There is however an obligation to provide a reasonably safe home which is not a death trap- the landlord may face criminal charges if any of you gets hurt!
  2. Also, please check what did the tenancy agreement say about the address for serving notices.
  3. oh, and make use of the advice service which is most probably run by your student union. They would know local agents and can help more then remote, self-help website.
  4. Yes- it simply rolled on after the initial fixed term expired. The security of your tenure is very low anyway. He can just give you two months notice (you do NOT have to move out- read this for clarity: http://www.consumeractiongroup.co.uk/forum/tenants/116385-shorthold-tenancy-posession-eviction.html#post1166293 ). I would suggest that the best tactic is to have a chat with the shopkeeper to find out how you can help in his predicament- because it sounds to me that he is in financial trouble and wants this £450 for something (to make sure what for- ask him to talk to the insurers he is hoping to use or see an invoice etc- see if he gets flustered- but don't aim to **** him off!). Offer him the money in lieu of your future rent, to ease his difficulties, if this would help to safeguard your occupation of the tenancy. If you reach an agreement, put it in writing- whatever the deal is. Tell him that it is always better to have someone who pays the rent as regularly as you then uncertain future with a new tenant or an empty property. Negotiate or start looking for a new place, give notice and leave. Depends how much your partner likes the place Remember: low security of tenure. Check tenancy agreement- does it say anything about inclusive water/sewerage charges? If it does- you have a stronger argument but not a total protection from eviction. You are in a fragile position, but do not panic-the landlord has to follow strictly defined procedures to get you out. This may take few months (even 6 months is not unheard of).
  5. You have signed the contract with the landlady, not the agency. The agents are just that- the agents, the representatives. The landlady has a separate contract with them, for some services- which should not affect you at all, unless there is something specific in your tenancy agreement which involves the agents, like holding your deposit. So go through your tenancy agreement carefully- if it does not refer to agents, fine, but if it does- tell your landlady that you want to amend it, in writing.
  6. Who is the landlord and why the rent is paid to the shop keeper? It is usually the landlord's responsibility to insure the building whilst the tenant normally insures the content. I say "usually" and "normally" because there is no obligation to insure at all. Your partner's contract makes it clear however - show it to the shop keeper and ask him to contact the landlord. If the shop keeper is your partner's landlord- ask him to contact himself (oh yeah, i am hillarious today!) Is it possible that the shopkeeper is the tenant and your partner is a subletter? It seems to me, in response to your second question, that your partner has a periodic tenancy. This type of tenancy arises when AST rolls on without being formally renewed. Your partner has a valid tenancy and there is nothing to worry about; follow the link for more info Shelter: What kind of tenancy do I have? As for repair obligation, please see http://www.consumeractiongroup.co.uk/forum/tenants/74057-disrepairs-privately-rented-accommodation.html#post641938
  7. wow, errr...longish. Where is para 13? I would get rid of paras 6-11. Therefore you will need to edit further paras where you refer to "as described above".
  8. Go back to the source- your landlord and the tenancy agreement. How was the deposit held? Next, find out whether the old and new agencies belong to any professional bodies like National Association of Estate Agents (NAEA), Association of Residential Letting Agents (ARLA) , Association of Residential Managing Agents (ARMA), National Approved Letting Scheme (NALS), UK Association of Letting Agents (UKALA), Ombudsman for Estate Agents (OEA) Check this article for links: Agents, Letting Agents and Property Managing Agents - LandlordZONE Write to the professional bodies of your ex-agents and the new one. Ask them to help you negotiate this maze- these bodies have no powers to make decisions but they could help in establishing who you should chase for your deposit. And of course, the old chestnut of bad publicity- in a very competitive market, the estate agents are very anxious about bad publicity. Run your imagination wild- Watchdog, local papers, lettings forums, etc.
  9. It would be a little bit easier if you stuck to your original thread http://www.consumeractiongroup.co.uk/forum/tenants/119542-deposit-evil-landlady.html#post1219683 I would always advise to go for paper N1 rather then online, as you have more space for your POCs and you can attach copies of evidence, legislation etc. When writing POC I give the draft to a colleague who never dealt with the case, to see whether they make sense on a most basic level. Maybe you could do that too? Remember- attention span of DJs is appalling- keep it short and sweet, as you will have a chance to expand on it later on, but remember to put in all facts that you base your claim on as you will have difficulties to "edit" your story when it come to the material facts. Write the draft and post it (remove all identifying details)- I am sure some of the respected legal heads here will be happy to offer their opinion.
  10. banana- Mr Shed offered his opinion in a most impartial and non-judgmental manner. Unfortunately, he and most of other posters said things that you may not have been not happy about, namely that alterations did if fact take place and that you agreed to rent that property, after presumably inspecting it. You also had an option of seeking landlord's permission for these alterations, but I presume you did not. Esio, who whilst not agreeing with others' points of view, offered a ray of hope, stating that the judge may view these alterations very leniently due to the fact that they were plainly essential to your enjoyment of the property. Now, if you could perhaps let us know who was arrogant and ignorant in the thread of over 20 posts devoted to your problem- we can all engage in a charming name calling, for example: ungrateful so and so,
  11. Did you check the http://www.consumeractiongroup.co.uk/forum/tenants/117572-unfair-deposit-deductions.html thread?
  12. This is a situation with potentially massive consequences for you and the landlord; I wouldn't dream of attending to anything that touches the realm of personal injuries via public, self-help website. Please see this thread http://www.consumeractiongroup.co.uk/forum/tenants/118005-great-links-housing-associated.html#post1196695 for the Community Legal Services link. Give them a call and get yourself assessed for Legal Aid. Then get a solicitor. If you do not qualify for legal funding, then go and see a personal injury lawyer. Yes, they will get a chunk of your compensation (if you get any, as in no win, no fee) but they will work hard for you because their payday depends on your win. Just make sure you will read the terms and conditions of their service with a magnifying glass.
  13. Interference with mail - Postal Services Act 2000 Sectionss 83 and 84 The Postal Services Act 2000 sections 83 and 84, create offences of interfering with mail. Section 83 is aimed at persons engaged in the business of a postal operator and creates an either way offence. Section 84 covers anybody and creates a summary imprisonable offence. Both sections cover intentional delaying or opening of a postal packet and intentional opening of a mail bag. Postal Services Act 2000 (c. 26) I suggest that you write to your landlord that he has no right to keep mail addressed to you and cite the above information. Remind him that there are other, legal ways, of pursuing you for the alleged rent arrears. Give him a fortnight to reply. Be very consistent with that deadline and report back with an update and for further advice. Your letter does not have to be legal-sounding or convoluted, just use plain language and you will be absolutely fine.
  14. If you keep extending the deadline for their action (not just callbacks, but actual refund), they will not take you seriously. Give them a call to let them know that from now on, the court fee and statutory interest will be added to the final refund amount.
  15. Right, thanks for the tip. I will email BF. What a nuisance
  16. OK, really sticking out my neck, because utility supplies are not my forté: common sense point of view tells me that your deal is with your landlord, who then it turn can seek compensation from somewhere else. Your landlord should have made sure that he provided you with accommodation fitting certain standards and reasonable expectation- but I am floundering here, because I am not sure whether he would be under any legal obligation. I am sure someone more knowledgeable will come along shorty. Start gathering evidence; speak to the shop workers below, get their statements and try to locate the builders who blocked off the pipes- see if they would be willing to put few words on paper. Do it now, before memory fades and people stop bothering, in case you will need to take things further.
  17. I have asked the moderators, once again, to reverse the changes. I am really hoping that the opinions of regular contributors will be taken into consideration, especially in the light of the fact that the change not only doesn't improve anything but can even be detrimental to the forum.
  18. You really need to know the guidance on Homelessness when discussing your case with the council. Print out the relevant chapters from the link I have given you. The local authority will be as obstructive as possible because of the dire shortage of available housing stock. So do not be disheartened- it's the game that has to be played, very tough game and you need to push hard to be heard. But being rehoused by the local authority is not your only option- in fact it should be your last option because if they do not have the properties, they will place you in a temporary accommodation, or B&B or such like, which very often is of a very low standard. What you should be trying to find out is whether your local authority operates any schemes that help people in your position to find private lettings, by offering help with deposit, guaranteed rent, list of landlords who lease to local authority, landlords who are prepared to take Housing Benefit claimants etc. Please get in touch with Shelter; Shelter will help to find a local advice source- local people who know what policies and schemes your council operates.
  19. kookla- did you check out Shelter: Ending a tenancy or licence Especially: The actions of each individual person will affect all of your rights. For instance: * if one of you gives notice to the landlord, the agreement will normally automatically be ended for all of you. None of you will have the right to continue living there. I assume that a new tenancy will be created by landlord accepting rent from your remaining joint tenants and your replacement. New tenancy can lead to new terms, like new rent level. Joint tenancies are the pits for me So I'll leave it to experts to give defitive advice.
  20. I have recently had this confirmed by senior housing law practicioner; new contract equals deposit protection, irrelevant on when the money changed hands. Additionally, there is no requirement to put the information about how the deposit is held in a tenancy agreement.
  21. Right, the link inside the link was wrong- the government helpfully re0arranged stuff. This is the link: http://www.communities.gov.uk/documents/housing/pdf/152056
  22. Hm, all links work for me- can I ask others to check? As for talking to a mortgage company: you can try to contact them but if they are on the ball, they will not release any info to you, without permission from the landlord. Attending court- you should, as this may result in more time for you to locate new acommodation. Please do not panic, county courts are not intimidating, you haven't done anything wrong and judges are usually sympathetic to people in your position. The timeframes: I really can't say, much will depend on how the landlord and his mortgage provider act-it is possible that the landlord will bring everything to order and there will be no need to move, but unfortunately until you manage to nail the landlord for a serious chat, there is going to be a lot of uncomfortable uncertainty in the immediate future. That's why your smartest move should be to look for a new place to live. Focus on getting a good reference and a deposit from your landlord and get ready to push the council.
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