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  1. I purchased a Leasehold property on 30 Oct 2014. Since then I have had no demand for ground rent until this morning. I have received 13 x 6 monthly demands for ground rent dating back to July 2011 totalling £975.00. All of the demands are stating that payment is due on 7 October 2017 so there is no suggestion that previous demands have been sent. I have yet to discuss this with the solicitor who undertook the conveyancing. Can anyone tell me the legal position with this?
  2. Hello, I have been renting an apartment for the past year with a previous friend. We each paid a £500 deposit to cover a month's worth of rent (£1000 in total) . Long story short, my flatmate failed to make two of her rent payments so the landlord is trying to claim back the whole deposit to cover each of the £500 she failed to give him. We are on a joint tenancy so I understand the landlord has the right to do this as technically we were both liable for the rent even though I paid all of my 'half', however the question I have is do I have any chance of seeing my £500 again? The deposit is currently in the deposit protection scheme where my landlord has requested the full amount back. Should I go into a dispute even though I know I would probably loose? The only small thing I have on my side is that my landlord was not a very good one and we had issues with the flat when we moved in that were never resolved even though I emailed him several times that I have records of (the shower leaked so badly it caused a damp patch on the ceiling of the apartment below, the drains smelled of sewage, the blinds in the bathroom were mouldy). Would this give me any leg to stand on in claiming a bit of the money back or is this not worthy to get some of the deposit back? In terms of my flatmate we are no longer in contact however I have messaged her several times asking her to pay at least one month of the rent so I could get my deposit back at least, to no avail. She already has a lot of debt against her name (unpaid loans, unpaid phone bills ect.) so is there any chance I could claim my lost £500 from her another way or would going through the courts be a waste of time due to her previous unpaid debts she hasn't repaid. I know I was silly signing a joint tenancy with her but hindsight is a beautiful thing and now I'm just trying to look for a way to resolve it and get a part, if not all of my money back!
  3. My mum lives in a flat that has a communal garden (she has access from patio doors as do all the grd floor)' A few years ago she cleared a bit of unkempt ground near to her and erected a shed. She told the freeholder she had done this. They then started making all sorts of demands and requests for monies and said that they would not accept any ground rent until it was sorted out. My mum continued to pay the ground rent (was even sent a DD form by he management company) and is up to date. The shed has been subsequently removed. She is trying to remortgage and needs confirmation that the GR is up to date. The management company say they can't do this due to the dispute over the shed and requested photos to prove its not there. This was done nearly 2 weeks ago and all we hear from the management company is that they are chasing the freeholder. My question - regardless of the freeholder saying they will not accept the GR, the fact that it has always been paid on time, not returned and no communication has been received to say otherwise - Do they have any grounds not to confirm that the GR is up to date.
  4. My rent is payable weekly (tenancy agreement states rent is to be paid weekly to landlord's bank account) which I do. I have been told that the landlord should still provide a rent book as it is paid weekly - is that correct? Thank you.
  5. Hello, The landlords had started court proceedings for rent arrears, £3,500 although they have submitted incorrect amount to court I put in a defence providing as much info as I could & telling the court I was getting further legal advice. In the meantime I've sought legal advice from Which Legal who confirm that the landlords were in breach of Gas Safe Regs. I've then spoken to Gas Safe Register, I luckily got to speak to an Incident Investigator who said I must definitely report the landlords to HSE. We were in grave danger the entire time we lived at the property & the landlords failed to meet even the very basics of their legal obligations. The only reason there are rent arrears is because I became so ill I couldn't work for a year, still struggling now. Not sure what to do about this claim for rent arrears as I've been sent a Notice of Proposed Allocation to the Small Claims Track to be returned before 7th July. Which Legal can;t help as it's already at court, they told me to contact Shelter, Shelter say thay can't help any further because it's already at court?! Is there anything I can do? Get it delayed in any way? Should I update the court with the info that the landlords were in breach of Gas Safe Regs & further action is starting against them? What do you think would be the best way forward? Will I have to pay the arrears when the landlords were the cause of the arrears? I'd really appreciate any help or advice. Thank you reading my post
  6. Hi, I am in a bit of a quandary and would be very appreciative of some advice. I'm currently renting a property with a fixed 6 month Assured Shorthold Tenancy Agreement (it's a shared house but we all have our own contracts) which commenced at the start of May. The landlord wants us all to move out so essentially he can extend the property and rent it out to more people in the future. He's offered an alternative property but I'm not keen on it because it's got a smaller kitchen, is in a different area, has no dining room and is more expensive (it has a private bathroom). As such I don't want to move and as a result he's threatening a rent increase. In the contract it states the following: - "This is an agreement to create an Assured Shorthold Tenancy as defined in Section 19A of the Housing Act 1988 or any successor legislation (the "Act")." And the clause which specifically applies here is as below: - "The Landlord may increase the Rent for the Property upon providing to the Tenant such notice as required by the Act." So what I'm not clear on is the notice period that is being referred to above that he has to give before increasing the rent within my 6 month contract period, it's quite an extensive document! (I want to move out by then so there's no worry about the contract expiring and it then being raised) In the Housing Act it references different dates for the length of the notice period (such as "in any other case, a period equal to the period of the tenancy" - section 13 3c) but I know that this relates to rent increases under assured periodic tenancies which doesn't apply to me because I have the rent increase clause in the contract. Also I have seen on this forum that "A clause in a contract is not enforceable in court if: (b) The wording of the clause is not clear enough for the tenant to be able to tell what the increase will be. It should state the amount of the increase, or give a formula for how the increase will be calculated (e.g. by applying the Retail Prices Index). And it should say how much prior notice of the increase the landlord must give the tenant." So also is the clause in my contract enforceable due to the seeming ambiguity? Phew! I hope that's clear, if anyone could provide some advice to help that would be much appreciated to help me understand what my right are. Thank you for your time, TT
  7. Hi I have received a letter today from Rundels enforcement agents, on behalf of Great Yarmouth Borough Council, for a claimed debt of £1,600. The only money I can remember possibly owing was for rent, but not for that much, in 2005. Is a rent debt of this age enforceable or is it statute bared? Who do I write to to tell them I don't owe it? Many thanks
  8. Hiya all, Trying to help my brother out, He has been issued with a money claim alongside a section 8, They are for differing amounts but issued on the same day which is odd I am going to help him out with responding but a quick technical question should a letter before action have been sent to him beforehand? I know it is practice for companies but not sure if applicable to rent arrears? Also worth saying he wrote to LL on date it was issued asking for a rental breakdown as he disputes the amounts ( especially as different from the section 8 ) and it was signed for the day after ( 13 days ago ) he believes the LL has applied his own charges and then implemented them without a breakdown to him. I am assuming he defend it on the basis that the LL has not responded to his asking of a rental breakdown/ any charges applied?
  9. Hi, I'm in a regulated tenancy. The rent's just gone up. The council, who pay my rent (I was on ESA in the SG long term, now I'm on GPC), are now complaining they overpaid on the old rent. They are threatening to suspend my HB claim or get the alleged overpayments back, presumably by underpaying the existing rent till they think we're square. They aren't offering any evidence of overpayment, however. My landlords, who have contacted them about this by email and ccd me on it, say the council always have been and are paying the correct rent, and have briefly broken down how the rent is arrived at for them. The council refuse to accept their figures and insist they've been overpaying. I want to see evidence of what they've been paying so I'd like to do a SAR; to whom should I address it please? I have the details of the head of housing benefit and they'd seem to be the right person. Perhaps you could either confirm that or make a better suggestion? Many thanks, SWLABR
  10. My Landlords gave false information to the Rent Officer in support of an application to register a new rent. This was in respect to a fellow tenant who is vulnerable. I informed the landlords of their inaccuracies several times and they took no action to correct them. The Rent Officer made an inspection and heard evidence. The landlords sent a representative who did not give evidence. The Rent Officer accepted all of the tenant's evidence and fixed a fair rent. Is there any action that can be taken against the landlords who were either attempting fraud or at the very least being grossely negligent? The tenant has suffered no financial loss but several months of worry. The landlords is a Housing Association and has refused to deal with the matter under their complaints procedure so it is now being referred to the Housing Ombudsman's Service. I am wondering if anything else might be done to stop this abuse of a vulnerable person.
  11. Hi. Due to not paying any rent for a few months (due to being ill), the local housing are going to serve me with a notice of intent to seek possession. I've contacted that and have mentioned that I'll be claiming unemployment benefit (Universal Credit), and that they only pay housing benefit after 6 weeks (their rules). I've also offered to pay a small sum each week, but they have refused the offer, and mentioned that they'll proceed with going to court. Would appreciate any advice as to what to expect, and how to proceed. Thanks.
  12. How much rent can you afford? An interesting article with links to government and local authority calculators. It points out that you need to consider far more than just any fees and the rent itself, but all other utility bills, council tax, water bills and in some cases, service charges.
  13. How much rent can you afford? An interesting article with links to government and local authority calculators. It points out that you need to consider far more than just any fees and the rent itself, but all other utility bills, council tax, water bills and in some cases, service charges.
  14. Can a rent increase imposed via S13 be argued against due to lack of repairs?
  15. I'm writing on behalf of a good friend. She was looking for a residential property to rent in Chelmsford UK and found somewhere she liked. She immediately placed a £90 holding deposit on the property. At this point there was no written contract or receipt given but she does have proof she paid the money. This was approximately 15th October 2016. She was due to move in on 29th or 30th October and paid her £750 deposit and £750 first month's rent on 27th October. 2 hours after paying the £1500 she received news that changed her mind about renting this property and immediately phoned the landlord to explain she no longer wanted to rent the flat. He agreed on the phone to pay back the full £1500 but when checking her bank only £750 had been returned. The landlord now says he is keeping the other £750 as compensation for my friend wasting his time. Legally where does my friend stand? She has never signed any contract or paperwork with the landlord.
  16. Hi I decided I would rent a room out in my home to a friend to help me out. I think I have made an error as I just used a standard tenancy agreement and just read that this is different to the rent-a-room-tax scheme... Also I am in need to claim esa, or would the rent payments exempt me. Hoping someone can clarify. So disappointe in myself for making a hash of this.
  17. Hi, just a little quibble about the Form 4 I have received from my landlord. LL has filled in the form but has put that the first increase after 11th February 2003 was January 1st last year, but the rent has increased every year since i moved in to the property at the end of December 2004. I have to send a copy of the form to HB... is it important to have the correct dates? Hope someone can advise. I don't want to get in trouble with HB for submitting incorrect information to Council if it's important - they will be aware of previous (Jan 2016) rise as I was claiming HB at that time. Thanks for any help Mac
  18. Hi there, Could someone please advise me. I'm in arrears for 3 months rent on a 12 month lease. I paid 12 months upfront for the first year and am late 3 months on the second year. I have received a letter from the landlords lawyer stating that if I don't pay the whole 12 months within 10 days that they will take further action. I did sign the lease for a further 12 months and am expecting payment from my employer which is late. This has caused my inability to pay the rent. How long do I have until I get evicted? Many thanks in advance..
  19. Hello, I am in pretty desperate need of advice! I rented a unit to use as a photography studio around 18 month ago. When I looked at the unit, there were a few leaks, which the landlord said he would repair, but never did. I carried on paying rent, but not using the unit as a studio, more of a storage space, as the leaks prevented me from having my equipment set up. Fast forward to December (my dad was incredibly ill and passed away in the August of last year, so all of the unit leaking and not being able to use it went right to the back of my mind) the landlord gave me a polite reminder that my rent is due. I, again, politely reminded him that the unit leaks and nothing has been done about the leaks since I'd been there. He apologised and told me that I wouldn't be paying any rent until he'd repaired the leaks. I then spoke to the landlord in July, him asking what was happening etc. and whereabouts the leaks are etc. so he could get them fixed. I explained that I don't use it etc. and most of my work involves me working away (or I use my garage as a small studio) and I wouldn't be back until mid August. I then start getting messages from the landlord saying that I'm owing the full missing months of rent, from the last time I paid in December. I received a letter the other day from a debt collector company saying that I owe the landlord £4248, which is the 10 months rent (£400/m) plus a late payment fee. The guy was friendly enough and I explained the entire situation and he appreciated that I as clearly not trying to rip them off etc. He said that as it's a commercial property, the fact the landlord told me not to pay until he'd fixed the leaks was completely irrelevant unfortunately. The unit still leaks next to the 3-phase 415V main fuseboard, so as far as I'm concerned, it's a death trap and I could never have clients into the building etc. He said that even though the landlord had said that (not paying rent etc.), I was still responsible and if anything, should have had the roof repaired and taken it out of the rent. Where do I stand? The chap I spoke to said the amount may be negotiable, but to be frank, I feel that I shouldn't have been paying full rent for the period that I was, let alone for the period that he told me not to pay through. I fully appreciate that although the guy I spoke to was very friendly etc., but is obviously working for the landlord and not myself, so there is going to be an issue of him biasing towards their interests and not my own. There's just no way I could afford to pay that figure, it's hard enough working as a freelance photographer at the best of times, let alone paying rent on a unit that's been unusable since I got it. Where do I stand? If anybody has anything impartial to say, that'd be great and thanks in advance. Sorry for long post.
  20. Citizen Advice are asking customers of rent-to-own companies to complete a short survey about your experiences of shopping at BrightHouse, Perfect Home or Buy as You View. Your responses will be used to produce a report about consumer experiences in the rent-to-own market. This report will be used to see whether more can be done to protect consumers such as yourself. https://docs.google.com/a/citizensadvice.org.uk/forms/d/1-exGdFfQaO9CiwOKicwroUQvh5bg0J2F1fCZHJBsL5Q/viewform?edit_requested=true
  21. Dear all A current AST comes to an end on a property on the 17th August. When my agent enquired whether the tenants would like to renew, they told him they were splitting up. On this basis my agent advised issuing a S21 as he was concerned about affordability. The tenants are an unmarried couple with three children. One of the current tenants (male) is now starting treatment for a serious condition and now the partner of the sick tenant has texted me offering me 6 months rent upfront to stay when the AST ends as she says that they are working on getting back together and don't want the stress of moving. There is a guarantor already in place for this AST plus 6 months deposit. I am tempted to accept this as it will avoid a void period. Is there anything to be concerned about? I know Johnson V Old has ended concerns about registering rent upfront as a deposit. If I accept this, should a new 6 month agreement be put in place (as my agent suggested)? Or should I let it go on to a monthly rolling tenancy? What about the notice period and serving a S21 when the 6 months draws to an end? The female tenant apparently told my agent 3 weeks ago when we sent the S21 that she would stay on regardless (seems to have backed down on this though) - so I am slightly worried about her volatility. It would have meant I would have had to get a possession order. My agent's renewal charge is 4 %. Would you expect that a 6 month renewal means that I would pay 4 % on the 6 months rent? Sorry if this post is confusing. I guess I am asking if anybody thinks it might be a bad idea to let them stay on after the threat of staying after the AST expires. Obviously they still might if the council advises them to stay and the 6 months upfront would mean this potential disaster is abated but what are the issues after the 6 months elapse? Thanks in advance for any advice
  22. Hi folks I would like an opinion on something I'm really not happy about... My daughter and her boyfriend were living in a flat (basically the lower half of a semi-detached split into two). The boyfriend was living in it originally and my daughter moved in, so all things relating to the let and the landlord and going through the BF. Towards the end of April the toilet blocked. The BF informed the landlord who told him to try and unblock it himself. He tried with no success. This plus the level of mould in the place finally led to them moving out of the property on 1st July. The toilet was not useable during this time. They gave notice that they were moving out but only a few days before they did. The landlord told the BF that they had to stay in the property until 27th July. The landlord is now after: £425 - March's rent (which they admit they owe) £425 - for July (technically the notice month) He's 'rounded' that up to £900 plus he now says he wants £200 interest for late payment He has £600 bond of the BF's. Things that I consider make the property uninhabitable/dangerous: Toilet not working for approx. 2 1/2 months - it seems that an incorrect waste pipe was attached to the toilet - rather than being ceramic it was the plastic 'flexi-tube'-type Awful level of mould, which the landlord is now blaming the BF for The gas mains pipes in the property were plastic Could someone give me their opinions on this as the landlord is now threatening court action (not that the threat bothers me at all, I'm a veteran!) Thanks
  23. Anybody know how to fill in the court form for compensation. My daughters deposit was not put into a deposit protection scheme the landlord said she can get some money back after he sells the property minus costs for cleaning which is a nonsense as it is sold subject to contract with nothing spent. I intend to take him to small claims court for the deposit plus interest. I understand he may be fined up to 3 times the deposit as compensation. Do I add this to the total I am claiming (£500 deposit + 3 x £500=£1500 total £2000 claimed) is this what I should claim?
  24. Hi! I have used the break clause in my tenancy contract to terminate it. It required a 2 month notice period, which I gave and was accepted by the landlord's agency. This means that my tenancy agreement ends by the 25th of August. Nevertheless, my rental period usually runs from the 8th of each month. I have assumed that, if the tenancy contract ends by the 25th I would only have to pay from the 8th to the 25th but the letting agent is asking for a full month rent... He says the overpaid money will be returned and that they do this to protect them from tenants not leaving at the end of tenancy. Is this legal? Do I have any obligation to pay over the end of contract period? Is there any protection for the overpaid money? What happens if I only pay for the period of 8 to 25 of August? Any help would be much appreciated! Thanks!
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