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  1. Hi I've lived in my house for 4+ years now but for the past 10 months or so, every time we have torrential rain, the garage, which is at the bottom of a slight slop, floods up to 5 inches deep. We've had loads of stuff ruined, as like many people use the garage to store the usual garden paraphernalia along with freezers, the tumble dryer, kids bikes, tools etc. It looks like the storm drain just outside the door isn't up to the job and when I spoke to my LL before he didn't show any interest. Is this our or his responsibility for the garage flooding? It doesn't state anywhere in our tenancy contract about flood risks to any part of the property. Thanks Lisa
  2. Apologies for posting here but I haven't used CAG for a while and can't get a new post box on the help for landlords forum. Can you help me please?
  3. 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
  4. Scottish Housing Regulator Fire Safety Advice - Letter to all social landlords can be download here: https://www.scottishhousingregulator.gov.uk/publications/fire-safety-advice-letter-all-social-landlords
  5. When this goes on for over a decade and there are home owners adjoined, when there has been deliberate harassment of noise and mess left around that home owner to try to force them out - what can be done in terms of getting the landlord to finish renovating the property in a timely manner? Thanks
  6. I'm assuming there is a precedent to this. I have a debt to the Council for back Council Tax which I have been paying back as and when I can afford it. Today Bristow and Sutor sent an enforcement agent (who told them he was a bailiff) while I was out and luckily they did not let him in. Nothing, apart from a few items such as my bed and an old stereo which is worth pretty much nothing, on these premises belongs to me as I am just a lodger here and the room is furnished by the landlords. I have never denied that I owe something but the amount is in dispute I have told B&S this previously but they have ignored all my letters. The bloke cleared off when it became clear he wasn't being allowed in but I suspect he will be back. Apparently he was eyeing up their car and I would obviously hate for them to become involved when it is nothing of their doing. Do these people have any claim to anything on the premises and where do we stand if they return in the future? I have spoken to the Council but they say it's out of their hands now although I suspect they could do something about it if they wanted to. Thanks in advance for any help and advice
  7. I have just been to court where the landlord tried to use a section 21 notice. at court it was a meeting for a directions hearing. the Judge struck out the landlords s21 claim because he had left important information regrding bonds etc out of the document, he got the dates wrong and the judge also noticed the irregularities between tenancy documents. ie, that there were two tenancy versions submitted to court. the judge mentioned involving forensics and discrepancies with signatures on the documents. there are two more versions of the tenancy agreement/s that the court didnt see. i was represented by a housing charity. we disagreed about the bond and the tenancy/s. I paid a bond and at the time of signing the tenancys, i was lead to believe that I had my own tenancy. i feel that the judge can see the foul play but the housing charity can't, or won't see it. the landlord is now saying it is a joint tenancy. if it is a joint tenancy, i will be liable for huge debts he took a bond from me and did not protect it. his accounting is riddled with errors and inconsistencies. he wount provide me with full accounting, just his made up versions which dont tally. how can it be a joint tenancy when there are multiple versions of the agreement/s?
  8. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  9. Hi I would like to were I stand about requesting my landlords details? The reason for this is about two months ago they tried to fit prepayment meters in the property, which I refused to let the engineer to do. I live in a shared house, we pay one sum for rent and all bills expect TV license. We have a sheared kitchen, utility room and bath room. I rang my local council for information regarding this and was told we should be a HMO (house of multiple occupancy) and the house is not registered as one. The council are now requesting me to let them do an inspection? so I called them about it and got fobbed off, so I requested my landlords details as no one has it in the house. I have sent numerous emails, calls and texts and had not received any reply. So I sent this to them on the 13.04.2016 and no reply. Any help would be very appropriated. Strongdumplin I am the tenant of the above property. Under section 1 of the Landlord and Tenant Act 1985, I hereby request you to provide me with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which you receive this request. You should be aware that a person who, without reasonable excuse, fails to comply with this request commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale, which currently stands at £2,500. I look forward to receiving your prompt reply. Yours sincerely.
  10. Hi, Hope someone can help. I went to court this morning to defend a possession order. It was above section 8 but before the hearing we got it to £300 below section 8. The Judge said he wouldn't accept the £500 figure made 2 hours before the hearing and the landlord claimed he hadn't received a furthered £600 from October even though the Halifax building society gave me proof that it had gone out my account and the Judge saw that. We had the Duty Solicitor who didn't say what we wanted her to say and didn't defend us. Also the Judge did not let us speak so for example the boiler has not worked since June. I and my brother has text him to ask him to fix it. He told the Judge he fixed it in June, he didn't and I had texts from July and August asking him to fix the boiler. Is there any help or any advice that someone can give us. We expect the eviction order in a couple of days Thanks. 5:06pm: Can you believe after I posted before the landlord who swore blind to the Judge that he fixed the boiler in June even though we had proof he hadn't, has now text to ask when can he come and fix the boiler. Lying Sod!
  11. Do you RENT your home, If so, then you will know that good landlords are very very hard to find, Getting a repair done can be very difficult, or have you rented from a landlord who would suit the name slumlord more. There is currently no compulsory registration scheme for landlords or letting agents, I am petitioning the government to sort this out, Compulsory registration will help improve the industry, keep tenants safe from rogue landlords, and improve the quality of properties for rent. Please click the LINK below and sign this petition, You never know, it may help to improve your housing situation Tenants have to go through extensive vetting systems!! but what do landlords have to do, nothing, how do you know that your deposit is safe. This system i propose will ensure all landlords are solvent, mortgages are up to date, deposits are securely held, AND that Letting agents and landlords alike act in a responsible manor, This is something that has been over looked for too long, So help weed the crooks out of the system Please sign the petition below, all you have to do is follow the link. Please note, simply LIKING this post will have no input, you MUST click the link below please share this post http://epetitions.direct.gov.uk/petitions/69580
  12. There is often a lot of confusion, fear and trepidation when those of us with less than perfect credit files have to go through the process of being referenced and credit checked for a new tenancy. A simple google will show that there is conflicting information out there about what landlord and letting agencies can and cannot see. WHAT LANDLORDS CAN SEE When you are credit checked for a tenancy only the public data can be seen and shared: Electoral Roll CCJs Bankruptcies Name/DOB confirmation WHAT LANDLORDS CANNOT SEE Any private credit data is not allowed to be shared: Defaults Missed Payments Arrangements To Pay Number of open/closed accounts Type of open/closed accounts As landlords do not share credit data they are unable to see credit data shared by other companies about you. It all comes down to reciprocity. To allay any further doubts Experian state on their website what can and cannot be shared to landlords: http://www.experian.co.uk/consumer/questions/askjames370.html And from Equifax
  13. Hi, I have a query regarding whether my landlord has followed proper procedure in relation to a tenancy transfer. I moved in to a 3-bedroom shared flat with two others on 13th March '15. Prior to this, one of the flat mates with whom I am now sharing with had lived at the property with three of her friends. For various reasons, the three friends moved on however my current flatmate wanted to remain in the property. As I understand it, the original contract for her and her three friends started on 26th April 2014 and was due to finish on 26th April 2015. The landlord allowed for her to advertise the two spare rooms to find new tenants. This lead to myself and the other new flatmate moving in. My move in to the flat was called a 'tenancy transfer'. I took over the room previously occupied by two (a couple) of the former tenants. As part of this arrangement, I paid the former tenants their deposit back and the deposit certificate was amended to my name. The landlord provided me with an assured tenancy agreement for a term of three years, starting on 13th March. There was no formal check-out procedure for the previous tenants and no inspection of the flat. Fortunately, the flat was in good condition so I was ok about paying them their deposit back. Unfortunately, the dynamic between myself and my two new flatmates is poor. I now intend to use the same tenancy transfer arrangement to get someone to take my place. I noted that the landlords own guidance on this process states that transfers can't take place in the first and last three months of the tenancy. This made me think about the process for when I transferred in. It appears I transferred in to the property in the last three months of the previous tenants' contract. At the time, the landlord said that they were treating my entry in to the property as 'effectively' a transfer. I was a bit confused at the time because they also provided a new tenancy agreement for the three-year period. I'm pretty sure the original contact for the original tenants was for one year, which would mean that a transfer in March would not be possible, due to it being in the last three months. If their original contract had a tenancy period of longer than one year, surely the contract they provided to me should have been for the remaining time of their original contract. The landlord added a statement to the contract that I signed (perhaps stupidly) that the contract was a renewal of the contract originally signed by the previous tenants on 26th April 2014. There's something that doesn't seem quite right about all of this. I'm concerned that it might take me a while to find someone to take my place in the flat and as it's not a great place to be at this time, it would be good if I had a get out. I would be grateful if someone can advise on whether my transfer in to the property was by the proper means and if not, does this make the contract void. Thanks for reading.
  14. This is the link to the National Federation of Housing (NHF) submission to DWPs Consultation on Data Sharing with Social Landlords about Universal Credit (17th October 2014). The Department for Work and Pensions (DWP) consulted on changes that will allow information to be shared with social landlords about Universal Credit claims. The proposals would means that landlords would find out when their tenants are moving onto Universal Credit. http://www.housing.org.uk/publications/browse/data-sharing-and-universal-credit/ Please remember this is only their Submission to DWPs Consultation and within that link is a link to the full consultation document as well as the NHF submission link which is a PDF download.
  15. This is the link to the National Federation of Housing (NHF) submission to DWPs Consultation on Data Sharing with Social Landlords about Universal Credit (17th October 2014). The Department for Work and Pensions (DWP) consulted on changes that will allow information to be shared with social landlords about Universal Credit claims. The proposals would means that landlords would find out when their tenants are moving onto Universal Credit. http://www.housing.org.uk/publications/browse/data-sharing-and-universal-credit/ Please remember this is only their Submission to DWPs Consultation and within that link is a link to the full consultation document as well as the NHF submission link which is a PDF download.
  16. This is the link to the National Federation of Housing (NHF) submission to DWPs Consultation on Data Sharing with Social Landlords about Universal Credit (17th October 2014). The Department for Work and Pensions (DWP) consulted on changes that will allow information to be shared with social landlords about Universal Credit claims. The proposals would means that landlords would find out when their tenants are moving onto Universal Credit. http://www.housing.org.uk/publications/browse/data-sharing-and-universal-credit/ Please remember this is only their Submission to DWPs Consultation and within that link is a link to the full consultation document as well as the NHF submission link which is a PDF download.
  17. Nine million private tenants in the UK could be given extra protection from landlords who try to evict them. The government has decided to back a private member's bill, which would make it illegal to evict tenants who make justifiable complaints. It would mean that people who complain about faulty boilers, leaky roofs or dangerous electrical items would no longer have to fear eviction. However it is uncertain whether it will become law before next year's election. Nevertheless the news was welcomed by campaign groups, including Shelter and Crisis. According to Shelter, more than 200,000 people suffered from so-called "revenge" evictions last year. The government said it would back the private member's bill from Sarah Teather, a Liberal Democrat MP, providing it only targets bad landlords - and does not stop legitimate evictions. http://www.bbc.co.uk/news/business-29156186
  18. I've been managing a rental property and the tenants (a family - husband, wife and child) have been residing in the property for approximately 6 years and there has never been an issue with non payment of rent. Due to work and family pressures, I took my eye off the ball and did not check that their rent was being made. I recently check the account and realised that last months rent had not been paid. Having contacted my tenant he apologised and informed me he had been experiencing some financial difficulties and would be making the payment. However when I went into the bank, they informed me that the last payment that had been made was back in OCTOBER 2013!! So as at this month the amount owing is £12,000!! I immediately went to see the tenant, he explained the reason why payment had not been paid (there was an issue with his business). (The thing that really annoyed me was that he had not made any attempt to contact me (his wife was annoyed as she said she kept telling him to) - but I do accept responsibilty that I should have checked). I had no option but to immediately served him and his wife (they have both signed the tenancy agreement) with a Section 21 Notice - which means they should leave the property at the end of September. The tenants wants to remain at the property and have presented me with a payment plan where by they agree to pay £500 every week from 1st of september 2014and £1,000 from 6th october 2014 everyweek untill the arrears of rentis clear and uptodate. I'm unclear what I should do:???:. I clearly NEED to get the money that is owed and am worried that if I evict I will not see it again. I think I have three options: 1. As this is the first time they have been in this situation, do I inform them that if they negate on the payment plan then I will evict at the end of September - but then risk losing what is owed? (plus at the end of September they would only have paid £2,000 and by the end of September the arrears will be £11,200). 2. Do I let them stay and register a default against them until the amount is paid off? (If so, how do I do this?) 2. Do I evict and register a default? :???:My feelings would be to opt for option 2 but as I've never done this before would really appreicate the advice asap.
  19. can u help, I rent a house with an agent and my landlord is selling the house with sitting tenants ie us, but he I using a different company 2 sell the house, I work full time nights and they keep ringing and saying they have some1 2 view the house in half hour, and this can b a few times a day, at the beginning I told them I work nights and could they arrange viewing 4 a fri or sat on my nights off, but this does not happen, last week I was ill and all I was doing was working and sleeping, so when they were ringing I was not comfirming they could come, then on thurs morning I was asleep after working my night shift and some noise down stairs woke me up I was very scared as I thought I was being burgled, I got dress very quickly and started 2 go down stairs, some 1 came out my living room 2 come up stairs and it was this place that's selling the house he had another man with him who was looking at it 2 buy it, I went from scared 2 angry, he just said 2 me I rang u and u didn' t get back 2 me so your landlord told me 2 go 2 your agent and get the keys 2 let myself in, can they do this as im 2 scared 2 sleep in my home, and im also scared that if I really kick off about this he will give me a month notice and kick me out, I don't know where 2 turn, plz can u advise thanks
  20. Hello all, I was horribly awoken by someone trying to break into my flat via my bedroom window (basement flat ground floor). I think my screaming scared whoever it was off. Fortunately no one was hurt nor was anything stolen. The police have been great, they have advised me that my windows are not secure and the locks currently on them are easy to get past, there is a second lock on the window which would be better but they are broken. As I am on the ground floor I am considering getting bars or a gate put up just to make the place more secure but this is probably going to be quite expensive, can i get the landlord to pay? We have already emailed our estate agent who manages the property but she has not got back to us yet I am just after some advice as to where i stand as a tenant. any help would be appreciated Thank you
  21. I have just come home from work and quickly realised someone has accessed the property while I was out. This is almost certainly related to some repairs I have recently been chasing the person who entered is likely a contractor used by the Landlord. About two weeks ago I emailed the agents about the repairs that have essentially been outstanding since I moved in; nothing huge but all in all detrimental to the quality of living at the property. I was contacted via email the next day with a some what ambiguous message saying someone would go round that day (without asking if this was ok) I phoned them and was told someone was nearby that day so would pop in (however it was clear they had arranged this before talking to me) I reluctantly went along with this as I was keen for the repairs to actually take place. I heard nothing from the agents after this and when I got home there wasn't any obviously sign anyone had entered the property but I assumed they had. Back to the matter in hand ; it seems some ten days after this that the contractor has now entered the property to inspect the requested repairs. I have been given no notice of this at all. I am most upset that my right to live in peace has been breeched but it seems to me there is very little I can actually do about it legally apart from ineffectively moaning and giving the landlord good reason to give me notice to quit in the near future (I'm on a six month AST that ends in September). Am I right in thinking that I can ineffectively whine but do nothing to stop them doing what they like apart from leaving when the lease runs out? what are my rights with regards to leaving early if I wished to? (Though I doubt I can afford this as haven't started saving to move out when the lease ends yet). Any help appreciated
  22. hi guys wanting a bit of advice if possible , my son moved into a flat in january 2013 and struggled getting furniture up the stairs, ,that was the only route , after a lot of messing around , turning and twisting , it had to go up by hook or by crook , it was only a 2 seater settee when we finally got it up there was damage to the ceiling , plaster board was broken, now after speaking to the neighbours below, they said every tennant has had the same problem, the last tenant was only in 6 months as she had to swap her double bed for a single bed because it wouldnt go up the stairs we have bought plaster board , but the landlord never told any of the tennants about this i just dont think its fair that we have to fix this, it will now cost for someone to do it, as they are wanting to move out for a different place, the flat is not in good repair do you think their is anyway we could get the landlord to do it . .oh and the landlord happens to be my boss who i currently work for:|
  23. As the title says came out on 18th March 2013 This is the link: http://www.scotland.gov.uk/News/Releases/2013/03/advice-for-landlords-on-bedroom-tax18032013 This is a PDF of that link:
  24. Hi all, and thanks in advance. As noted in a previous post by myself, my landlord failed to carry out repairs, which sadly ended in a fire. We were very lucky that we were not in bed at the time. A leak near electrics was left for 3 months, after repeated requests to deal with it. I was at home when I heard a bang in the attic. As I pulled down the hatch to investigate, I was greeted by flames and smoke with the attic ablaze. The fire crew told me the fire had been going for around 4 hours. This was at 10.30am. Had I not been there, and not opened the hatch, the whole house could have collapsed. (bungalow) Now, begrudgingly, the landlord put us in a hotel, at 6pm that evening..... we are still there! He called me this morning and said we should be back in by Friday, but also told me I was lucky he was paying for this and claiming it back as tenants normally have to pay themselves then claim it back! Surely this is not correct??? He also told me I could not claim for broadband (£3 per day) I have fibre broadband at home and need it for my job so surely this should be covered. There are a LOT of out of pocket expenses that I am yet to mention!!!! I'm not impressed that he is making out like he is doing me a favour. If it had been worse, he would be on a manslaughter charge for failing to carry out the repairs which in turn endangered a family of 3. The letting agent also told me not to mention to the insurance that we had informed them of the fault...... Something to hide? To add to that, he invoiced me on Saturday for the next months rent. The cheek!!! Any advice would be greatly appreciated
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