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    • I'm removing two posts here – one because it refers to "… All from the same ethnic background" and the second one referring to the fact that the customer was Spanish. The first, particularly by king12345 has a strong racist tone about it and is completely unwelcome here.  king1 2345 has been here long enough and knows very well that this is not what we do. ==============================================================================   In terms of the building and insurance problem, it certainly sounds if you are being treated very badly and we would be very happy to help. Unfortunately I find your story is rather unclear – probably because there is a lot of narrative and I'd be grateful if you could clarify your story and in particular breaking down the insurance job and the rest including giving their values. Do you know if the insurance money has been paid to the customer or is the insurance company simply waiting for some kind of approval. You say that the insurance company has signed the job off and so this suggests to me that they are satisfied but what worries me is that they may already have paid the money to the customer who is merely withholding it from you rather than authorising the direct payment of the insurance money to you. Your story needs substantial clarification please. Finally, does your customer own the property? If you are not sure then you should consult the land registry website to ascertain the owner of the property
    • update:  Tried with new micro filter and still no difference in the speeds.  Called plusnet and they sent this 🤪 although looks like there was interference in the line which i never picked up   
    • Hi dx100uk   He is the information you asked for.   OC: Capital One    Type of debt: Credit Card    When taken out: 29/10/2017   Current owner: Capital One    Defaulted date: Hasn’t Defaulted    Outstanding sum: £156.52   ———————————————————————   OC: Vanquis   Type of debt: Credit Card    When taken out: 21/05/2018   Current owner: Vanquis   Defaulted date: 31/05/2019   Outstanding sum: £355.00   ———————————————————————   OC: Ocean    Type of debt: Credit Card    When taken out: 09/09/2018   Current owner: Ocean   Defaulted date: 07/06/2019   Outstanding sum: £318.00   ———————————————————————   OC: Instant Cash Loans T/A Payday Express   Type of debt: Payday Loan   When taken out: 22/01/2014   Current owner: Instant Cash Loans T/A Payday Express   Defaulted date: 04/06/2014   Outstanding sum: £492.00   ———————————————————————   OC: NatWest   Type of debt: Current Account    When taken out: 05/08/2003   Current owner: NatWest   Defaulted date: 30/04/2016   Outstanding sum: £468.00   ———————————————————————   OC: British Gas   Type of debt: Utility Gas Account   When taken out: 01/08/2015   Current owner: British Gas   Defaulted date: 06/09/2018   Outstanding sum: £712.00   ———————————————————————   OC: British Gas   Type of debt: Utility Electric Account   When taken out: 01/08/2015   Current owner: British Gas   Defaulted date: 06/09/2018   Outstanding sum: £819.00
    • Thanks DX re counterclaim. Just to clarify regarding witness should I just put one on the N180 and at court just take a witness statement from partner?  
    • I am hoping someone can advise me regarding my salary. I work as an emergency response driver for a private medical transport company. I work 6 x 24 hour shifts on call(total of 144 hrs) followed by 2 rest days(48 hrs). I work from my home address, with a company vehicle parked outside. During my six on call shifts, I must be available to respond to any task given to me (by phone-call) within a certain time. As you can imagine, while on call I am very limited to what activities I can take part in. Due to the nature of my role and the need to respond within 30 minutes to 90 minutes I am somewhat tied to my home. Obviously I cannot consume alcohol, go for family meals, go shopping etc. Even while attending hospital appointments, popping to the shop I must wear my uniform, take the vehicle with me and be contactable and ready to respond. It has been brought to my attention that on call time is now classed as working time if you must be at the disposal of your employer during that on call time.   Is that correct and if so, should I be paid at least the minimum wage while on call. I am currently paid an annual salary of £22,000 for being on duty an average of 6,570 hours per year which would put my hourly rate at well below the minimum( not including annual leave).   Any advice would be greatly appreciated. Thank you.
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Hi,

 

My name is Sandra, I've left my flat after 5years living there. It was left in good conditions, although the wood floor has been damaged by my fault.

 

The size of the damage is like less than 1squared meter, however it cannot be replaced locally. Thus the landlord said he will have to replace all the wood floor. The cost represents 1,500pounds.

 

I understand it makes sense to charge part of the repairation, however I do not agree with the fact that I should pay the FULL REPLACEMENT of the wood floor :

After 5years living in the flat, the wood floor was anyway not brand new and the varnish thus, unable to protect efficiently. The time spent in the flat is so that I don't think it makes sense to charge the tenant only, and if landlord changes the totality of the floor, I would expect to share the price.

 

Could someone please confirm if this makes sense, and, if so, how to complain?

 

My deposit is held by the estate agent via the Tenancy Deposit Scheme

..

 

 

Many thanks in advance for your help and suggestion,

Sandra,

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I guess you would have to dispute the deduction or negotiate. The Tenancy Deposit Scheme should have a free dispute resolution procedure that you can use.

 

I think the following reasons for disputing it could be considered depending on the scale of the damage and the cause of the damage:

 

1. The landlord is entitled to a proportion of the cost according to the normal lifetime of the flooring. Is it a real wood floor, or is it a fake wood floor. The latter has a much shorter life than the former. Unfortunately for you, a good quality wood floor should last for decades if looked after.

2. Does the whole floor *really* need to be replaced?

3. Can the damage be adjudged as wear and tear?

4. Has the landlord obtained 3 quotes. And is he replacing the flooring with something of similar quality, or is he using better materials?

 

Personally, I would try and get a quote of my own. And if possible, to go into the property with a tradesman to discuss it.

 

Let us know how you get on as we haven't had many reports here of people using dispute procedures.

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Sandra has contacted me with some more information. I've suggested she finds out what the normal "maintenance" period of the floor is recommended so as to argue for a proportion of the cost to be wear and tear.

 

A question I can't answer is the following:

 

The landlord has taken an apparently adequate amount of professional advice that says that repairs to one part of this floor will require the whole flat to be resanded and varnished, otherwise the repair won't match. The flooring is continuous throughout the flat.

 

Is the landlord likely to be able to justify this in all circumstances?

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Huge problem Steve with wooden floors insomuch as any repairs do most times require the whole surface to be sanded and varnished to get an exact match.

 

It can be massively unfortunate for people to have to do this upon exiting a property. I always suggest to Tenants that they take out accidental damage insurance cover on all properties and make sure that the floor is covered in this.

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Agreed - although it may seem harsh in one respect, the landlord is entitled to the return of the property in its original condition. In certain circumstances, and especially with wooden/laminate flooring, this would require such drastic action.


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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UPDATE ON THE SITUATION :

 

Hi all,

 

More than two weeks ago, I have specified the landlord that I disagree with the fact that he wants to charge me the FULL REPLACEMENT of the floor after living 5years in the flat.

 

The letting agency specifically said that the deposit was HELD BY THE AGENCY UNDER THE TDS.

 

2 weeks ago, I notified both the letting Agency and the landlord that I DO NOT AGREE with the landlord about the amount he wants to keep from the deposit. Thus I specifically said that I do not want anyone to take money from the deposit until we find a solution.

 

However, after two weeks, the estate agent just replied, saying that "the deposit is held by the landlord, and NOT by them".

 

Is that something authorised ?

 

I thought that under the TDS, the deposit was held by the Estate Agent, and NOT the landlord ?

 

What should I do in order to get my deposit back?

 

Should I contact the Alternative Dispute Resolution services ?

 

If so, do you know anyone I should contact at the ADRS ?

 

 

Thanks for your suggestions, I really don't know how to sort this and get my deposit back...

 

Sandra

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If you were in the property for 5 years then this pre-dates TDS (intoduced Apr 07). I am not sufficiently knowledgable to know what your next course of action should be.

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Nevertheless, I have signed a Tenancy Deposit scheme Agreement in 2007. So my understanding is that the deposit is covered by the TDS.

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The guidlelines are unclear if the deposit was paid before April 2007. What they do say is that if a new AST is signed then the deposit should be protected. However this is unclear as guidelines also say to get advice if deposit paid before this time.

There has been a case won where it was a new AST but paid before. Also one case lost too.

I am suing my LL and i had a new AST but my deposit was paid before too.

I am just going for it x


Please note, my advice is only my opinion.

If you have found my advice helpful, please tip my scales, thank you

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If it is with TDS (or TDSL) then the landlord can hold on to the deposit, but pays the scheme a fee. Therefore the fact that the landlord holds the deposit does not necessarily mean that the deposit is not protected.

 

If you want to dispute this you need to contact the scheme ASAP to find out if the deposit is protected and, if so, to open a dispute.

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