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    • its a 12mts contract else why would it say till 2021 and first month..   simply states they don't charge a joining fee clever marketing ploy as people don't read things. it IS a monthly payment, that runs for 12mts.   but anyway there is stuff and all anyone can do to you.   dx        
    • Hi Slick,   Amazingly fast reply, thank you!   According to the reference on the payment it says "ON 24 SEP BCC" and the payment cleared 25th September at 11:26   I was simply told to sign up on the website by a staff member in the gym, no further information was given to me by them. The website stated that it's a rolling monthly membership that could be cancelled at any time "No contract membership JUST £14.99 a month, until 2021*" As far as I am aware there was absolutely no minimum membership length, unless there's some small print I've missed somewhere. But Harlands haven't mentioned anything about me being obliged to pay for a certain length of time so... I've attached a picture to this post of what I signed up for.   Also, I'm not sure if this has any relevance at all but the building is plastered with £9.99/month signs EVERYWHERE yet it costs £14.99 when you go on the website. False advertising 🙄 Could perhaps use that as leverage in a letter if it comes to it, I dunno? 😂
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Need some help.. landlord is trying everything not to give deposit back


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Hi I moved into a house in September and signed a tenancy agreement for a year (not a proper one just one he made on his computer). I gave him a £260 deposit which is unprotected.

 

In about November i signed a form detailing damages of items upon arrival, whats there, whats not there etc..

 

I study building surveying at university, and we touch on estate management. If I'm correct the landlord has to give 24 hours notice before entering the premises by either written or spoken communication. In my case the landlord would just turn up or send his builders round to build things, knock walls down, turn the electricity off etc.

 

Anyway the landlord txt me and asked me to move out about six weeks early because he had arranged for other tenants to move in, and he said he would refund the weeks i paid for along with my deposit.

 

In may i came back to my families home because i have a part time job here, my other flatmates had a party and stained my mattress with something. The landlord says he wants me to get the mattress professionally cleaned.

 

My question is - is my landlord correct to withhold all of this money from me? If not, what is the best way to go about getting it back off him?

NSNO

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Firstly, need to know whether you shared the property with the landlord (and others..) - in other words, were you a tenant or a lodger

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Started a reply to this but need to study more carefully especially re Clause 8.

 

Main omission seems to be there is no clause relating to the deposit and how it is protected.

Edited by Kentish Lass

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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It is obvious that the LL is experienced in HMO letting (probably to students?) but I do have one or two queries.

 

1. The main omission is that there is no reference to the deposit and how it is protected?

 

2. How "Premises" is defined is important in relation to some of the subsequent clauses.

 

3. Check the inventory very carefully and ensure you agree with it before signing. It should show anything which might later be "blamed" on tenant, eg. carpet stains, marks on walls, damage to furniture, state of mattress.....

 

4. Clause 2.3.1 - is it normal for tenants in HMO to be responsible for painting and decorating? [genuine question as I do not have experience of HMO). Also, clause is ambiguous as it appears to make tenant responsible for exterior as well as interior - I think this is just bad drafting since this is covered in clause 3.1.2 under LL's responsibilities. [i.e. I know what clause intends, but that is not what it says!]

 

5. Clause 2.6 - this is one where how Premises is defined is important. Does this clause just refer to Tenant's room or does this clause include the communal areas. I.e. is tenant supposed to deal with repairs to fridge, cooker, washing machine etc.? Or replacement of such items? In which case, how is responsibility shared with other tenants?

 

6. Clause 2.7 - bit flippant, I know, but who decides - for some people once a decade would be "as often as necessary"....., and is it only the window of his room or the communal areas too..

 

7. Clause 2.19 refers to "property" not premises - this is another area where it is important how premises is defined. Do they wish to be informed if tenant is to be away from his room for more than 21 days, or if the whole property is going to be empty for more than 21 days?

 

8. Clauses 2.22, 2.23 and 2.28 are missing!! If these clauses are not relevant, they should be inserted with the words "Left intentionally blank". If they are relevant - what do they say!!

 

9. The rest of Clause 2 seems perfectly reasonable in a shared property where the LL is paying the bills and tenants have a responsibility to each other.

 

10. Clause 2.37.2 - once again, how are these responsibilities shared amongst the tenants.

 

11. Clause 2.38 - This clause appears to give the tenant the same rights as a break clause but without any time restriction - check that this is the case - (the LL break clause at 8.1 can only be used to terminate at 6 months - which is the statutory minimum). The terms in this clause are in line with the normal terms of such a break clause.

 

12. Clause 4 - refers to "Premises shall be left vacant or unoccupied for more than 21 days etc." whereas the previous clause dealing with the tenant's obligations in this respect (2.19) refers to "property" which is not defined.

 

13. Clause 6.2 - have you received and read such notice? (And has the guarantor........)

 

14. Clause 9 - Guarantor needs to be aware that he is not just guaranteeing rental payments, but ALL tenant's responsibilities and obligations under this agreement including damages, and bearing in mind the drafting of some of the clauses, this could include the obligations of other tenants. Needs some clarification (in writing...).

 

I hope you find the above helpful. It is not meant to indicate you should not sign, just that you should be aware of these items.

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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Started a reply to this but need to study more carefully especially re Clause 8.

 

Main omission seems to be there is no clause relating to the deposit and how it is protected.

 

 

not asking for a deposit, it is the final months rent in advance

NSNO

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I don't much like Clause 4 either - he quotes Schedule 2 of the Housing Act 1988 - the grounds he mentioned are grounds for GIVING NOTICE of court action to regain possession (this normally means that on these grounds LL can possibly gain possession BEFORE the end of the initial 6 months), but this clause in his contract apparently gives him the right to just walk in and take possession immediately, without giving notice or applying to the court - I am not sure this is actually legal, but I am not a lawyer!!

Edited by Kentish Lass

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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I'm not a lawyer either but I do know that you cannot contract to break the law. In other words if the housing act says he can only recover possession with a court order then he has to have a court order regardless of what the agreement says

 

To my untrained non-lawyer eyes clauses 2.24 to 2.36 appear to have been inserted by the landlord and seem to mean nothing

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This might be a silly question but i will ask it anyway..... is there anything in the housing act (or any other acts relating to tenancies) that state a tenant should leave a room in the condition it was in when he/she moved in?

 

the reason i ask is because my ex landlord is giving me a hardtime about my room not being tidy when i moved out. This was because it was a mess when i moved in, and i left it in a similar condition, but a lot tidier.

 

if there is nothing that states this then nevermind. If there is then can you tell me what section of what act etc. so i can say it to him in the email.

 

Thanks

NSNO

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I'm not a lawyer either but I do know that you cannot contract to break the law. In other words if the housing act says he can only recover possession with a court order then he has to have a court order regardless of what the agreement says

 

I agree

 

To my untrained non-lawyer eyes clauses 2.24 to 2.36 appear to have been inserted by the landlord and seem to mean nothing

 

I thought the same (it was the "I" that did it!). However, it is not unusual to find restrictions like these in an HMO, particularly if it is likely to be occupied by students but I would have thought they would have been more appropriate as a list of House Rules rather than in the AST, since I doubt they are legally enforceable.

 

Clause 2.24 - this has obviously happened in the past!!

 

Clause 2.26 is quite normal in an HMO since if tenants have an extra person staying for any length of time it impacts on the other tenants.

 

Clause 2.27 is a safety issue since if everyone had an extra heater/cooker etc. in their rooms, the electricity supply could become overloaded and therefore create a fire hazard.

 

Clause 2.34 is also a safety issue- fire!!

 

Not sure I would be brave enough to run an HMO.......

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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No there isn't. It usually comes as a term in your AST. Like binkhus says though, if there was not a proper check-in enventory at the beginning of the tenancy, LL cannot prove condition at end is any different that it was at the beginning. LL sounds a bit of a pain!!

Kentish Lass

Information given is based on my knowledge and experience and is not to be considered as legal advice

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The tenancy i signed was titled Assured Tenancy Agreement. it says at the bottom 'This is NOT an Assured Shorthold Tenancy Agreement'.

 

Is that relevant in any way?

 

The residence was a HMO.

NSNO

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Hello

 

My ex landlord and I have had a bit of a falling out. This is largely down to a lack of communication on his part.

 

I have a record of relevant emails sent between both parties and I'd appreciate it if somebody could read over these and advise whether I should accept his terms or pursue this to court.

 

In either case can you advise on what sort of response I should send.

 

Thanks.

DISPUTE OVER RENT AND DEPOSIT.doc

NSNO

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Where is the communication in writing from the LL giving you notice to quit the property early? Is this possibly something that you were led to believe by your housemates or a verbal communication directly from the LL?

 

Still, I think reading the responses from the LL it does make me feel that he/she has not secured your deposit as they perhaps should have if you signed the standard AST? However, it sounds like an HMO and maybe different rules apply.

 

Check your contract. What does it say about the deposit? There are some telephone numbers (another cagger has listed in another post) where you can check if your deposit was secured. I guess if the LL has broken the rules you could go to court to reclaim 3 x the deposit. Otherwise, I would take the deal offered.

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  • 10 months later...

Hello,

 

I will start at the beginning...

 

I am a university student studying building surveying. I moved into my flat and signed an assured shorthold tenancy agreement on 20th April. The contract is due to expire on 20th October. My parents are my guarantors.

 

When signing the contract i notified the agent that i might have to leave early because i was coming to the end of uni, and was applying for jobs nationwide. She said thats fine, give me a months notice.

 

When I left uni in may, I became unemployed so i started claiming benefits, the process was long and laborious and took a while for the forms to process...In this time I missed two rent payments and thus was issued with a section 8 on grounds 8 and 11.

 

Now I have my benefits I have pretty much sorted my arrears, and I want to move out. So I text the agent saying I hereby give you a months notice as I am going to leave the property. Her reply was no you cant you have a fixed term contract. Your guarantor will be responsible for the rent.

 

What should I do? It was verbally agreed infront of a witness that it was acceptable to give a months notice should I want to leave the property... :???:

 

Thanks

NSNO

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You fell into two errors. The first was to trust a letting agent and the second to end up with what amounts to a written agreement with an unwritten variation. If it comes to court, the starting point is the written agreement and what was agreed can easily be proved simply by producing the agreement. When it comes to the variation it going to be a case of which version the court prefers. The fact you have a witness may help.

 

It is really important when signing a tenancy agreement to make sure that all the terms agreed are recorded in it. If a landlord or an agent is reluctant to record something in writing you need to be on your guard.

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Can anyone suggest any possible (non illegal) avenues that I could go down, so I'll be asked to vacate the premises. The only thing I can think of is to ask the other tennants to complain about me, so then the agent will think that my leaving will be best for all parties...

 

Also because I was issued with the section 8 does that mean i'm obliged to move out under them terms or does my paying rent cancel it out?

 

I just want to be out of this place, and away from the landlord and agent. Please someone give me something to work with..

NSNO

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