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Found 3 results

  1. 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.
  2. Hi all, I hope someone out there can help me with this. I occupy a small commercial property, and have served my landlord with notice that I would like to take advantage of the break in our lease well within the timescale provided. However, the break clause date is 28 August 2011, and my final rent demand is for the quarter ending 28 Sep 2011. The date on the invoice which they have supplied ends on 28 Sep 2011, and is clearly stated as rent for the quarter. I sent them a cheque for rent owed up to and including the break clause date, which is 28 Aug 2011. They have since written back to me and stated the following "We have today received your part payment against the June rent quarter. We in no way accept this as full and final settlement. Please be advised that when the break has been exercised correctly final figures will only be able to be assessed" I have also been in touch with the company that bill us for the service charge and they have not been informed that our tenancy is due to end on 28 August 2011, and have subsequently billed us for the period up to 28 Sep 2011. I have written to them and requested a revised invoice for the amount owed up to and including the break date. My lease agreement with the landlord states that the break clause will not be actioned if any material breaches of the lease have been made. The building is in a good state of repair and is a fairly new build. I am simply wanting to move my business to a location with less rent per annum than the current location. I have written to the landlord via recorded delivery 5 times now over the past 9 months, and have never received a written reply from them until i sent what i believe i owed them, which was rent up to and including the break clause date. I am a little worried that they will attempt to take me to court over the remaining 1 month outstanding on the original invoice, but we wouldnt have occupied the building for that last month due to the break. Should I stick to my guns and not send them the remaining months rent because we dont owe it? Or should i send them the 1 months rent and hope that after an inspection of the property they will give me it back (doubtful). Since occupying the building they never made an interim schedule of dilapidations, and they havent made a terminal schedule of dilapidations up to date. I dont owe them anything at this point in time. What would any of you advise?
  3. Hopefully someone may be able to help on this one: After leaving my last rented property our landlord refused to pay back our deposit and it had not been protected in a protection scheme. we lodged a small claim on a N1 form to the county court, which was checked at the court when we originally lodged it. The claim was under the s214 housing act 2004 for and ordered that the defendant repays the deposit and an order to pay 3 times the amount of the original deposit. we have recieved back a defence letter stating that the claim should have been entered on a N208 form and the case should be thrown out by the judge. i have a few questions: 1. can the judge throw it out due to this? 2. if yes can we submit the correct form to this case before it is thrown out? 3. if the case is thrown out can the judge order the DPS to release the frozen deposit or can we revert to the DPS to get the remainder of our deposit back? any help would be muchly appreciated Thanks
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