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in General Consumer Issues
Posted January 17, 2007
Posted January 16, 2007
Sorry to hear you lost, harsh...
I posted something very similar to this on the landlord and tenant section yesterday... it didnt receive much attention. Anyway, I would be grateful if the posters above could give me their thoughts on this f&f payment question:
I left rented property. Landlord is retaining chuck of huge deposit. We have exchanged heated phone calls and letters. The most recent I received was for 1/2 the amount I feel is due. It states that cashing the cheque will be deemed as accepting full and final payment. I want to take him to court for the rest, but I am scared that if I dont cash the cheque I have now, I may go a bit bankrupt before it goes to court.
The first cheque he issued me was posted dated by 2 months (with no explanation), not signed, and later stopped. All this happened before I even complained about the pitiful amount.
Do I have ground to cash it and then try to sue him, on the basis that he has conceded that amount is owed... the rest we can fight for
Nail it to his door along with a rotting sheeps head for good measure.
Do you know what is at the address? For example, it could be serviced offices or an empty building. I would visit the property, knock on the door under a pretext and put it in his hands.
in Residential and Commercial lettings/Freehold issues
Hmmmm. The landlord has quote an hourly rate of £30p/h. Is this £7.50 p/h some sort of accepted convention or is it actually in the law? If it is, does anyone know which law? I always like to quote the relevant Act where I can...
Personally I don't think he is worth minimum wage.
Posted January 15, 2007
Dispute with landlord over deposit return.
a) He has sent reviewed cheque with increased offer "to settle". The end of the letter states that cashing the cheque would constitute our acceptance of the amount as a full and final settlement. Can we cash it and then sue him, or would this severly prejudice our case? The reason for cashing it would be fairly evident to any judge: The first set of cheques were post dated by two months, not signed and later stopped. That was before we had even started to complain about anything.
b) Landlords can't charge for their time, can they? Most of the deducted amounts are for £100, or £20, or £10. Basically, he has told us that he has fixed everything himself and charged an hourly rate. Therefore there are no receipts. Personally, I don't think he is even worth minimum wage.
Cheers, I promise when this is resolved I will stop asking questions...
Posted January 5, 2007
right. Shelter say, as he put a note through the door confirming the end of the tenancy on 21st, and the note did not make referecne to payment until 31st, he is not able to claim rent until then. WAHHH WHOO!!! Ill see him in court.
hmm... Im on the phone to Shelter now.
thanks for your help, Joan.
I looked at the Shelter website seems to imply that what you are saying is correct. However. OH and friends had lived at the property for a while. When they moved in they signed assured shorthold tenancy agreement for six month. The agreement clearly stated the contract was valid from BLA to BLA, a date which has long since expired. Therefore I assume the tenancy reverted or defaulted to a rolling month by month contract. Is there really a statute somewhere which says "tenant must give notice on rent due date... etc"!!?!?!?
The totals fees were £120 between the three of them. These were mentioned in the original AST agreements. He is a total cowboy. It makes me sick to think that he could take even a penny of their money.
The other points relating to things that he claims that they broke are going to be easy to prosecute.
in Holiday & Airline companies
Both private (LTD) and public (PLC) company directorships are avaliable online through Companies House. The company to which this thread refers is a private limited company (LTD). I think you will find the information is not free of charge and would have cost Poochie a few quid.
Given that I have access to the database and was willing to take the time to make the post, I am somewhat miffed as to the great problem.
I am willing to accept your 'policy' of not naming and shaming people, but I don't understand it. It's not like I said anything libelous. Exactly why is it a problem?
Posted January 4, 2007
I don't know how to PM yet...
Clearly it's his perogative to edit if he wants, I just don't understand the rationale.
Most other consumer rights websites allow posts of that nature. There is nothing in law which stops the dissemination of information like this. Doesn't Poochie have a right to contact the officers of the company with her grievance? Afterall, Limited company directors are afforded lots of rights and protections under law, look at Farepak. In return, consumers have the right to know who is running them.
Don't want to hijack the thread, is there somewhere else we can talk about this?
I would like to know why my post was taken down.
Directorship details are a matter of public record and can be obtained by anyone.
Posted January 3, 2007
Why not write to the directors of Bourne Leisure directly?
Never know, they might not ever be ex-directory...
Edited: Please don't post this kind of information on here.
eBay owns PayPal. However, they are two distinct legal entities.
Thanks George, I think your angle on the Corgi gas stuff is very interesting, im going to look at the website now. Hopefully it will provide some leverage.
Anyone got any ideas on the legality of him taking the £400 off quid for rent which they werent even due to pay?
I should also mention that the agreements they originally signed made no provisions in relation to final payments.
My first post here. The same old story, rental deposit, with some massive twists. I have drafted a 'Letter Before Action', but I would like some advice before Its sent.
I am doing this on behalf of my girlfriend and her two friends. Each signed Short Assured Tennancies which the landlord made himself. All of the terms were six months and the contract presumably went on to a rolling month-by-month basis.
The landlord bahaved quite badly when they were there (letting himself in without any notice whatsoever and then leaving doors open on his way out, not servicing boiler for x years, fixing everything that broke himself and not doing a proper job etc etc). He refused to make inventories when they moved in.
They gave written notice on 20th November and it was agreed in writing (a return letter) that they would all vacate on 21st December.
They all paid rent on 1st of each month. Given that the final month was not a full 30/31 days they were verbally told to pay the landlord the amount for the full month and he would refund the difference. Because they did not trust him to do this, they worked out a pro-rata daily rate and made sure the last standing order were completely accurate to cover the last 21 days.
Now, two weeks after leaving, they have recieved letters stating that the remaining rent for the month of December (22nd-31st) has been deducted from their deposits along with hefty "late payment" fees. This totals over £400. Can he really take rent for days after the agreed termination date, just because they fall within the same month??!! There is no other justification because they gave adequate notice.
There were also large deductions for petty "problems" such as broken plastic toilet roll holders (£30!!!). Some of the damage they do not contest, some of it they do. Because there was no inventory taken, do they still have a chance of recovering anything? Do we have a right to demand to see invoices for the things he purchased?
Thanks for the replys in advance. Keep up the good work!!!