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Everything posted by Planner
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Unfair deposit deductions?
Planner replied to ziderman's topic in Residential and Commercial lettings/Freehold issues
You should contest the deductions through the TDS arbitration. You seem to have a good chance on many of the items. -
Dont want to be the bearer of bad news but what you have posted above isnt a breakclause. It clearly states that the two months notice you can serve must not expire before 30 April 2011. This break clause is meant for a 12 month agreement not a 6 month one. What I am saying is that according to your contract, you have no option to break at all. With that in mind, £1200 sounds quite attractive.
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Moving out issues/queries
Planner replied to jay622's topic in Residential and Commercial lettings/Freehold issues
CAB advice is hit and miss in my view. Im not sure what you are trying to acheive here by frustrating your impending departure? As far as I can see the LL is perfectly in his rights to let an agent check you out, many LL and agents use 3rd parties to undertake independant check outs. You shoudlnt expect to recieve your deposit on the day you move out, I would even go as far as to suggest that it is foolish for a LL or LA to do so. Make sure you take plenty of pictures of the property on your last day to show the condition you left it in. Im not sure how you intend to enforce your 'not to let them in without the landlord there' clause once you have left the property? Agree that laws are different in Scotland, but not frustrating your Landlords attempt to check you out by not allowing your landlords appointed agent in to the arrange your checkout, seems more down to common sense than any particular difference in law. If you consider that by only dealing with your LL you are going to get your deposit back any quicker then I think you are mistaken. Your awkwardness is only like to prolong matters. Good luck. -
TDS Claim and LL counterclaim
Planner replied to a topic in Residential and Commercial lettings/Freehold issues
Your contract ends on 1st December. There is no requirement to give 1 months notice ig you are going to move out at the end of the contract. If your deposit is one that should be protected - then it should be protected. Ask for it to be so. -
Security Deposit Claim
Planner replied to rockdj99uk's topic in Residential and Commercial lettings/Freehold issues
Security and holding depsoits are both very different things. One is a 'deposit' in the common sense of the word that should be protected and the other takes the property off the market and may be used for admin fees or be taken off the full months rent. £200 sounds likethe sort of figure that one would pay for credit checks/admin fees etc. Did you pay an amount in addition to this that you considered to be for admin/credit checking fees? -
You need to be a bit more specific - whats the issue with the plumbing and whats the issue with the heating? You do have aright to withold rent if you follow correct procedures, we need to understand if whats wrong with the plumbing and heating fits in with these procedure. Why on earth have you stayed for 9 years!
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Periodic tenancy/lease ?
Planner replied to Shake909's topic in Residential and Commercial lettings/Freehold issues
I am assuming you where all named on the same tenancy agreement (rather than having one each). Legally the agents are correct. All of the tenants must serve notice in order for the periodic agreement not to arise ie it is not legally possible for only one of three tenants to serve notice to stop a periodic tenant arising as this would remove the 'right' of the remaining tenats to have a periodic tenany. Did you have anything in writing off the letting agents to say they accepted your notice and you wouldnt be liable after x date? Assuming you where all named on one contract, then the agents/LL can come after one or all of you for unpaid rent. If they have only your address, then you are the easiest target. -
You can not withold rent. You discredit yourself and your post by suggesting such a harsh response to such a minor infringement. Ring the letting agents up and ask for it to be removed by close of business this week. Tell them if its not removed by 5.30pm on friday you will remove it yourself. If they say no and/or its still there by 5.30pm on Friday, remove it yourself.
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I am assuming you are still in the property. IF not then disregard 1. Two issues; 1) Address for Service; and 2) Deposit. The law states that you must be given an address in England and Wales for the service of notices. No rent is due until you have this address for service (it becomes due when you have it including back dated). Assuming the letting agents where your address for service of notice, no further rent is due until the EU based LL provides a new England/Wales address. The landlord is responsible for the deposit. If you are still renting then I would strongly suggest you withold the last months rent if you believe theres going to be problems in its return. If you have already left, then you need to do some digging to see if its possible to use the English County Court procedure to sue a EU based LL or whether you have to use another route.
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Deposit deduction - Advice please!
Planner replied to jaffa89's topic in Residential and Commercial lettings/Freehold issues
Sorry, agree with Dragons Dennis. If you thought you could do it/have it done for less then I assume you had the oppurtunity? If you feel agrevied by this modest cleaning price, then you can always raise it via the TDS arbitration process (assuming your deposit is registered). Not sure what good up loading the pictures will be as your complaining about the cost of the work rather than disputing that the work needs doing. -
I have numbered your questions. 1) What does your contract say about the bond? - Does it say how much it shold be? 2) Was this a s.21 notice? If so make sure its been served correctly. If its not a s.21 notice is it a s.8 notice - if so what grounds? 3) Obviously the bond shouldnt be included as arrears. This will only matter if you have been served a s.8 notice in question 2. 4) I agree. 5) Assuming your ibn England/Wales you are likley to be now on a statutory periodic tenancy ie rolling month on month which arose out of your original fixed term. 6) Its called Gas Safe now. This is very very important and you should insist that its done immediatley. If not ring the environmental health 7) Again this is very important and should be sorted. Insist it is. Ring environmental health if it isnt.
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MrShed, I think it is worth the O/P mentioning that the LL already has a court order against him in relation to work that needs carrying out, should he seek to sue for non-compliance. It shows the 'character' of the LL in a bad light and will let the judge know that he is not necessarily dealing with a 'good' LL. Throw some mud and hope some sticks! I most once again state that reference to this should be no more than a paragraph, if at all.
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I would call your councils private tenancy relations officer and advise them of whats happened, what environmental health have said and what your landlord has threatened. 1) He can only evict you with a court order. I would suggest you change the locks. 2) Tell the tenancy relations officer your deposit is UN protected. Write your LL a letter asking for the deposit to be protected or returned. Give him 7/14 days to comply. IF after this it hasnt, take him to court. 3) Yes - it cant make things much worse can it! 4) I would give a very breif overview - a paragraph at most - attch a copy of the environmental health report/court order as an appendix.
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