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    • OK.  So you lent your car to a friend in 2019 and he racked up three parking tickets that he tells you he didn't know anything about(!).  You were the registered keeper (RK) at the time at your family address, but you got chucked out and could not change your RK address with DVLA because you were homeless.  You knew nothing about the parking tickets and enforcement action until you got a bailiffs' letter passed on to you.  You made an Out of Time (OOT) application in respect of one PCN but Birmingham CC objected to it and the traffic court rejected your application.  A solicitor helped you make OOTs in respect of the other two PCNs but you don't yet know the outcome of those two applications.   Is that the situation you are in?   dx100uk thinks you can resubmit the application saying your friend was the driver.  I don't think saying that will help as the driver is irrelevant.  It's the owner who is liable to pay the charge and that is the RK (unless the RK is a car hire firm).  I assume you are not a car hire firm so you are stuck with the liability, not the driver.   Whether you actually can resubmit an OOT once one has been rejected I do not know, but why not try.  What did the solicitor put on the applications they helped you with?  Did you not ask their advice about the rejected application while you were with them?  I think you would have to say something to the effect that you never received any paperwork in relation to the PCNs because you had been chucked out of your home and because you were homeless you did not update your address at DVLA.  That is the truth isn't it?  You don't want to lie on the application.   To me that's a good reason for you not doing anything about the PCNs, but I suspect that Birmingham CC will object again and that the traffic court will reject again.  And, as I said above, I don't even know if you can submit a second OOT application in respect of a PCN if the first has been rejected.   So it looks to me like you might be a bit stuck.   Unless dx100uk, or spaceman61, or another poster with expertise in local authority PCNs comes along I'm not sure what you do.   If you get no more helpful suggestions here you could try on National Consumer Service.  If you do go there, do not register with a hotmail address.  You will also need to provide them with a timeline of everything for all the documents you actually have, and you will need all the facts and dates etc at your fingertips.  And make sure they are accurate.   http://forums.National Consumer Service.com/index.php?showforum=30   And get your friend to contribute to paying off the PCNs.  Do you believe he really knew nothing about them?
    • To enjoy the protection offered by s.75 CCA 1974 for a credit card payment, you must pay over £100 and under £30,000 for the goods or service (even if part payment for a larger total amount).
    • Hi Charlie and welcome to CAG   As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.   Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.   You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.   As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.   I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.   Please keep us updated ............
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Landlord left country-I want to give notice pls help


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Hi,

 

I have been reading through the forums and the information is gr8!especially as I need to claim against my landlord as he has not protected my deposit. But i need advice with another matter please.

 

My landlord left the country shortly after I moved in without my knowledge, he sent a text message stating he was working in Manchester.

 

I found out via his brother after the boiler packed in that he is living abroad. His brother refused to give me contact details and advised me to carry out repairs. I then got a call from an +38 number a couple of days later - it was the landlord. At this point the boiler still had not been repaired as it has been installed against building standards (the electrics as well) After 3 1/2 weeks the boiler was repaired after much arguing! I wont go into all of this now - I'm just painting a picture of the landlord.

 

My problem now is that I have spoken to the landlord mainly via text messages and informed him that I intend to vacate this month - 3 months short of my agreement. He agreed to this and I sent him a letter (recorded delivery) to the hammersmith address to confirm this. I have asked him to reply and confirm that it is ok but as he is now not answering my text messages and he is not in the country, I dont know how to get him to put it in writing that I can leave or even tell me no for that matter.

 

I am looking for tenants for him at this time.

 

Please advise - I am at wits end with my LL:x

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If you have no address in England and Wales for your landlord, RENT IS NOT PAYABLE.

 

You do not need the notice confirmed in writing, recorded delivery is sufficient. When did you move in, and what is the fixed term?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Hi,

 

Thank you for your reply. I moved in 27 April 2007, I gave notice to vacate 27 July 2007. I am on an assured shorthold tenancy for 6 months that is why I asked the landlord if it is ok that I move out sooner as my partner has lost her job and we wont be able to stay here. I have already made plans to move in with friends to help us through this time.

 

I also am planning on putting a claim in against the landlord as he is refusing to give me details of the tenancy deposit scheme for the last 3 months now.

 

I just want to mention that the landlord is very aggresive, blamed me for 'breaking' his boiler and stating that he refused to pay for the first plumber who charged me £141 (this was authorised by his brother). As a result I deducted it from the rent. In light of all of this I am sure he intends to keep the deposit and there must also be another agenda to him not wanting to give me formal agreement to vacate.

 

So I dont need a letter from him? just my proof of postage?

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You gave notice to vacate LAST JULY???

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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OK thats slightly different then. Irrespecitive of anything else, you are obliged to pay the rent from April to October.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Not really. If you were outside of the fixed term, your notice would have been sufficient. However, you are in the fixed term so you require the agreeance of the landlord. With this in mind, as you cannot prove such agreeance, you will struggle.

 

That said, I would be inclined to deduct the deposit from any rent owed - as you say you may not get it back, and any claim will struggle against a non UK-resident landlord.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Thank you for your advice. it seems i have a huge problem...:(

 

does it count for anything that on the agreement i have the landlord's address as UK? could it help with my claim on the tenancy deposit. i dont actually want to claim, i just want to avoid losing my deposit when i move out.

 

i am currently looking for new tenants as agreed by LL, should i even bother?

 

thanks

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Can you get a judgement against him? Sure.

 

Can you enforce it? Not a hope if he doesnt want it enforcing. You cant send baliffs to another country.

 

Yes you probably should get the other tenants if you can, as this is your only real hope of ensuring for definite that you can leave early.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Watch out, there are Claims Touts about!

 

Challenge your credit file?

 

Join Date: Jul 2008

Posts: 7

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icon1.gif Pls advice - I have a huge problem with LL

I have posted a thread before regarding my landlord but things have gotten worse and I need advice. My landlord is not in the country, he refuses to answer my text messages when I ask where he is, when is coming back..i think he has left the country as a storage company sent him a letter to the flat.

 

The landlord agreed verbally and in a text message that I can leave the lease early with 3 months remaining. He asked that I find people and have them sign with his estate agent. I sent a confirmation of our discussion and agreement via recorded delivery and he has not contested the letter obviously because the address he gave me is not his home in the UK.

 

Now i have people ready to sign but his agent wont answer or reply to my messages and neither will the landlord. So how do i go about placing people as he texted my saying they must sign with his agents.

 

can someone pls advise me, :sad:

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Do you have the contact details for his agent?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Then get his agent to authorise, as per his instructions....?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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hi,

 

i finally got hold of the agent after finding a tenant. The landlord charges me x amount for rent and when i asked him how much the new tenant must pay he said the same amount.

so i advertised and spent 2 weeks finding a suitable tenant, now the agent says the new tenant must pay more - so that leaves me with egg on my face regarding the new tenant who i stated can have the flat for the same price. the agent says if i do not charge more, i am responsible for agent fees of +- £2000 and contract fees.

the agents are also doing no advertising for some reason.

 

am i responsible for agent fees even though i signed a lease only with the landlord?

 

please advise - i am at the point of giving up and seeing if the landlord takes me to court. i am also going to put in a claim against him as his address i have is uk based. the landlord refuses to correspond with me so that i can make this whole process amicable at the least..

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Potentially you are yes. Although as you are effectively assigning the tenancy, it would be unreasonable for them not to take a tenant on at the same rent.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Hi,

 

Its me again:o

 

I have negotiated with new tenant and she is happy to pay a bit more, but does not want to pay agent contract fees of £400. agent asked if i would pay and i replied no but if landlord paid, he could then deduct the fees off the deposit he owes me.

 

now the landlord refuses, saying he can tget money to the country (in this day and age!)

 

what do you suggest, should i pay it and then hope he gives my deposit back?

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Sorry(probably me being thick) but I dont get this. Can you clarify the situation for me please?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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the landlord insisted that the new tenant signs with an estate agent as he is abroad.

 

I found a new tenant and now the estate agents say i should pay the contract fees for the new tenant as i am ending agreement with LL early.

 

I asked them to speak to LL if he will pay and then he can deduct it from my deposit. The LL refused.

 

So my situation is that i need someone in the flat by 27th july so that i can leavt 3 months before the tenancy is up. The agent and LL is using this fact to basically force me to pay the contract fees for new tenant as she refuses (and rightly so because only after she saw the place and i told her there are no fees did agent tell me LL will not pay any contract fees etc. and it is my responsibility)

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Ah right I see.

 

Did you have to pay the£400 when you moved in? What did it consist of?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I only paid 1 month deposit..(not protected) which im going to put a claim in for online as i firmly believe LL will not return.

 

So im hoping that the fact that he has a court order against him will scare him enough because he plans to return to th UK and all his family is here.

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Then I think they need to quantify the costs before you agree to pay.

 

Explain to them that as you are assigning the tenancy, you will happily pay the agents costs of doing so. However, you have no agreement with them, and as you are exercising your right of assignment(which has been agreed with landlord) you will only pay reasonable actual costs, which should be quantified by the agent.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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