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    • Hi,  I'm new here, and hoping that this is the right place to post this.   I applied for pip and was awarded standard mobility (10 points).  I did an M.R. but got the same result. They acknowledge that I can't leave my house without having someone with me. They accept that I'm not completely housebound as I go out to appointments, which are not a regular occurrence, they also said that they can't award me enhanced because I'm not out most days.  Is this correct?  Surely it shouldn't matter how often I go out? 
    • The Legal Ombudsman has a wider remit than the SRA, and can always refer matters on to the SRA where they find a breach of the SRA's code.   I'd suggest writing to the solicitors, highlighting these issues, asking them to refund the money. If they don't then complain to the LO.
    • Good morning all,   I have an update for you all, shortly after my first hearing i was told i would need to have a rehearing with another company, Obviously i agreed but after the initial grievance hearing the person then asked me to enter into a private conversation, I have received the settlement offer and are disgusted as its not even half of my monthly  salary, I'm not sure what to do at this stage as i dont have the funds to finance a solicitor,so any advice would be appreciated.  
    • Sorry, but what does this mean?   Who are ARC? It would be helpful if you could be a little bit more clear about what happened. I don't understand why you are not simply proceeding against Amazon – because it is clearly their responsibility as it was their driver or courier company
    • I understand that you were involved in a contentious divorce in respect of which there was a bill for court costs – £850. You decided to challenge the costs in court and you lost and an order was made against you. We decided to appeal the order but before the appeal was heard, the solicitors made you a without prejudice offer of a 50-50 split – £425. You agree to this and you signed the document to that effect which you returned to the solicitors. Despite that the solicitors are now trying to impose the original £850 order. Is that the correct order of events? "Without prejudice" is certainly something that doesn't seem to be very well understood, including by solicitors. "Without prejudice" can protect an offer from being disclosed to the court where the offer has been refused so that it is not binding on anyone. However, without prejudice cannot be used to hide everything from the court – including wrongdoings, unethical behaviour et cetera. It seems to me that once you sign the agreement you effectively had a contract. I'd like to know a little bit more about the agreement that you signed but presumably it was intended to bring a halt to any further proceedings. I don't think there is any difficulty about disclosing a contract to the court in the circumstances. It is only the offer which was made without prejudice. Once the agreement was accepted and signed then the document acquired a wholly different character. It was no longer an offer open to be accepted or refused. It was a legally binding contract which imposed obligations upon both sides. In my view the solicitors have acted in a highly unethical way and I would begin by making a complaint to the SRA. I wonder whether the solicitors proposed the 50-50 split to you without consulting with their client and when they then contacted their client and told her what had been agreed, she refused to accept it and on that basis the solicitors recognised that they had made an error but rather than accept their responsibility and footing the £425 out of their own pockets, they preferred to get it from you. Of course this is just speculation but it seems to me to be quite a possible scenario. I'd like to see the agreement post up here please – that my sense is that you should complain to the SRA and you should tell the solicitors that this is what you're doing.
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My flatmate and I signed a AST for 6 months which runs out on Thurdsay (6th Aug).


Apparantly when we signed the contract at the estate agents we also signed a scetion 21 notice requiring possession at the end of the fixed period. As far as I can remember attention wasn't drawn to this other than a discussion where we ascertained the possiblility of renewing the AST after 6 months.


Today I saw our property advertised on the web. So I phoned the estate agents who said that because we hadn't got in contact telling them we wanted to renew they were re-marketting the property and we need to either sign a new contact immediately or move out by Thursday. They claim to have sent us a letter informing us of this but we never recieved it.


The whole thing feels wrong. I understand that it works for agents to issue s21 notices at the start, but surely we should have been aware of this? We were waiting for the landlord / the agent to get in touch about renewing assuming that if we didn't hear the tenancy would become periodic and that we would be given 2 months notice if we needed to move out.


We have now been pretty much forced into signing a new AST otherwise we'll have nowhere to live come Thursday.


Just wondered if anyone could offer any advice? It seems bad pratice by agents simply seeking to force tenants into having to resign for a fixed term without anytime to negotiate / look around for other places to live.

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Having checked our tenancy agreement we did, indeed, sign a s21 notice which was dated the day after we signed (i.e. after the start of the tenancy). Is this allowed?


Also - am off to re-sign this evening after work and wondering whether I will have to sign another s21 notice. Will this be valid as it's before the start of our new AST or is is ok because it's after the start of our original AST...


:-?Confused? I am. Just don;t want to let estate agents screw me again.

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'rise like lions after slumber, in unvanquishable number, shake your chains to the earth like dew, which in sleep had fall'n on you, ye are many, they are few.' Percy Byshse Shelly 1819

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I don't hold with it myself, serving S21 at the start. I can see why it is done, to protect the landlord - if it all goes belly up he can kick legal proceedings into play at the earliest opportunity.


Coming from the social housing angle, I don;t think it inspires confidence in my tenants, my lot all have problems. But then again a private landlord doesn't necessarily have to worry about those things and I do.


If you think back to how it used to be, owner couldn';t get tenant out of the property for love nor money, then you can see really why it is an option that private landlords can use. It is perfectly legal.


Anyway, at least you now have a new tenancy in a home you like.

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Keep in mind for the future that there is a third option to leaving and signing a new contract. That is the contract becoming a statutory periodic tenancy (rolling month on month) at the end of the fixed term. This happens automatically at the end of the tenancy if you dont move out or sign another one.

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Thanks guys - jackieandwayne, I do understand that it protects the landlord, but I don't think it's his doing rather the estate agents who don't want the arrangement to become perdiodic. They want us to sign for a new AST then they get their £93 fee. Or they want new tenants b/c they then again get the fee plus all the money they charge for credit checks etc. Landlord just wants tenants who pay the rent.


My frustration was not being told what the s21 notice meant and assuming that of no one got in contact that the AST would become periodic - but instead what happened was that the estate agents started re-advertsing our flat and, I imagine, would have found tenants to replace us and we'd've been kicked straight out. If I hadn't have been on that website just out of curiousity of rent rates...


Anyway. I am still able to live in a flat that I like.

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