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    • Dear Man in The Middle   Actually I should be thanking you   I have been impressed by your kindness your professionalism and your prompt reply   I very much thankyou for your thorough reading through my case and pin pointing every point   I was thinking of appealing the fine aspect of the sentence but you have made everything much clearer and it makes me feel better     Cant thank you enough for being so helpful and may you be blessed
    • HB.    What's wrong with" Girl done good"?  Not tripped over one of those politically correctness bumps have I.    We say, " boy done well or good", dont we? perhaps, well I do. Oh dear.   Apologies wherever necessary.
    • Hi    yes i already have -    the agreement  Notice of assignment  statement - but not fo complete period  2006-2016, and this is just printed on plain paper      So i will just request the Default notice and full statement on the CPR Form 
    • Thanks for the feedback. A couple of comments:   1. Before Magistrates arrive at court they have no idea what sort of offences they will be dealing with or who they will be dealing with.  They are given a list of defendants and the charges against them on arrival and that's it. Their Legal Advisor (the person sitting in front of them and facing the court) runs through that list before the court begins, but only to point out anything unusual or anything in particular they need to know. In a traffic court there is not usually anything to tell them. They have no papers given to them about any of their cases (except occasionally when dealing with trials or probation reports) until the case is called on. They rely on being provided with any papers they need by either the prosecutor or their Legal Advisor..   2. Your fine is based on your weekly net income and no account of expenditure is normally taken. It is asked for so that, should the defendant ask to pay in instalments, some idea of how much per week or month he can realistically afford can be gained. Actually, your fine was not harsh. On the contrary you were treated rather leniently. The guideline fine for 76 in a 50 is one and a half week's net income. £6,200 pcm is £1,430 pw. So your fine should have been £2,145. Your guilty plea would knock it back to £1,430 - one week's net income, as I mentioned in an earlier post. In addition to that you would pay £143 in the form of a "Victim Surcharge" and £85 towards prosecution costs - so £1,658 in total. Had you pleaded Not Guilty and been found guilty at trial (a near certainty from what I remember you told us) not only would you have lost the discount on your fine but you would also have paid £620 prosecution costs. A conviction following a trial should have cost you £2,145 (Fine) + £170 (VS) + £620 (Costs) which equals £2,935 (the maximum Victim Surcharge for offences committed before 28/6/19 is £170).   Other than that I'm not surprised they asked why you would prefer a ban instead of points and even less surprised that they chose points over a ban. I doubt your presence made any difference at all (which, again, I suggested earlier that it probably would not). Sentencing for speeding is very prescriptive and there is rarely any mitigation or other factors surrounding the offence or the offender which would significantly influence the outcome. Speeding becomes a very expensive business when cases come to court, especially for those on high incomes and very often a "view" is taken by the Magistrates that the calculated fine is a "bit steep". That's probably why you were cut some slack.   One other point which will probably upset you more than help (but which I think it is important you are aware of). Had your recorded speed been just one mph lower you would almost certainly have been offered a fixed penalty (FP) of £100 and three points. FPs are normally offered up to 49mph in a 30 limit, 65 in a 40, 75 in a 50, 85 in a 60 and 95 in a 70.   Thanks again for the feedback.
    • Thanks, they have just emailed this to her.   IMPORTANT - YOU SHOULD READ THIS CAREFULLY   DEFAULT NOTICE under Section 87 (I) of the Consumer Credit Act 1974   This is a Default Notice served under Section 87(1) of the Consumer Credit Act 1974.   In breach of clause [3] of the Agreement, reference XXXX, you have failed to pay the monthly instalments which fell due on 31-10-2019 on time and in accordance with the terms of the Agreement.   To avoid further action, please pay the arrears to us, which total XXXX by 04-12-2019.   If the action required by this notice is taken before the date shown no further enforcement action will be taken in respect of the breach.   If you do not take the action required by this notice before the date shown then the further action set out below may be taken against you.   If you fail to pay XXXX on or before 04-12-2019, we will enforce our rights and: Send you a letter terminating your Agreement; Demand you pay the balance due under the Agreement to us; Report your default and non-payment to credit reference agencies; and Issue legal proceedings and request Judgment for the balance due under the Agreement. If the arrears are not discharged and the Agreement is terminated, you must make payment of the balance referred to above as a lump sum. If that lump sum payment is not made on 04-12-2019 balance will be recalculated as at the date when such payment is actually made or to be made. In your own interests, you are strongly urged to contact us by telephone on 0203 757 1933.   If you have difficulty in paying any sum owing under the Agreement or taking any other action required by this Notice, you can apply to the Court which may make an order allowing you more time. You should be aware that if we take you to Court and get a Judgment against you requiring you to pay us the money you owe us under the agreement, you may have to pay us both the amount of the Judgment and interest under the agreement on all the sums owed by you at the date of the Judgment until you have paid these in full.    If you are not sure what to do, you should get help as soon as possible. For example you should contact a solicitor or your local Citizens' Advice Bureau.   This notice should include a copy of the current FCA's information sheet on default. This contains important information about your rights and where to go for support and advice. If it is not included, you should contact us to get one. If you would like to speak to us to discuss your arrears or the content of this notice, please contact us on 0203 757 1933   We look forward to hearing from you. Yours Sincerely,
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Blue Crystal

Doubts About "LEGAL POSITION WHEN THE FIXED TERM ENDS"

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In the item “LEGAL POSITION WHEN THE FIXED TERM ENDS” ( http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/116385-shorthold-tenancy-posession-eviction.html ), unless I am misunderstanding, I am finding a contradiction in the two paragraphs below.

 

The first one says that the tenant can move out in the end of the term of the contract ( in my case is 6 months ) WITHOUT giving previous notice to landlord -while- the second paragraph says that tenant must give the landlord one period’s notice ( that would be one month in my case ). I am really confused. I would be grateful if someone could clarify this apparent contradiction ( Perhaps I am not familiarized with part of the terminology like “Fixed Term” and “Periodic Tenancy” ? ).

 

1) If the tenant wishes to move out on the day the fixed term ends, the tenant is not required to give notice to the landlord. This is because the contract between the landlord and tenant ends when the fixed term ends. The tenant no longer has any contractual obligations (either to give notice, or to pay rent).

 

 

2) To end a periodic tenancy, the tenant must give the landlord one period's notice, in writing, expiring on the last day of a period (i.e. expiring on the day before the rent is due). Thus if the tenancy is a monthly tenancy the tenant must give not less than one calendar month's notice. It is best to give the notice a few days early, because it will be invalid if less notice is given than is required.

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A periodic tenancy is different from a fixed term tenancy. Should you continue in occupancy of the property when the fixed term ends it will turn into a periodic one (month by month).

 

You may leave at the end of the fixed term should you wish (Though it is polite to let your landlord know), if you do continue on then after the fixed term you would need to give a months notice.

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Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hi blitz

 

Perhaps, by mentioning an actual contract, I would be more confident that I understand the laws. I apologize in advance if my questions seem too obvious but when the stakes for any mistake are so high I need to be absolutely sure about the legal terms and procedures.

 

My contract is an “Assured Shorthold Tenancy Agreement” and its term is six months.

 

1) Is such term of six months what is called a “fixed term” ?

 

2) You said that “Should you continue in occupancy of the property when the fixed term ends it will turn into a periodic one (month by month)”. But I guess that it becomes a periodic one ONLY if NO new contract is made ( there is no contract renewal ). Otherwise, it would be again a normal tenancy agreement with “fixed term”. Am I correct ?

 

3) If the answer is positive to the two previous questions then, if I understood correctly, I can move to elsewhere on the exact day that the tenancy agreement finishes WITHOUT legal need of informing the landlord in advance ( except in the exact last day ). Is that correct ?

 

4) If the “Rent Commencement Date” of the contract is, let’s say, 10th July 2009 and its term is 6 months, then the final day of the contract would be 9th or 10th of January 2010 ? ( I am concerned by this detail because if by mistake I stay one day more the landlord might declare that a “periodic tenancy” already started and that I should pay for the entire next 6 months or would I be obliged to pay for just one month in this case ? )

 

5) Do I need to ask the landlord to give me a -written and signed declaration- that I indeed left the flat at the end of the term of the contract ( otherwise he could claim that I remained there ) ?

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1) Yes.

2) Yes - if you sign a new contract you'll have a new "fixed term".

3) Yes. If you want to do it without informing the landlord, make sure you have proof that you've moved out and hand back keys etc.

4) 9th. A month's rent would cover the 10th of one month to the 9th of the next.

5) See 3.

 

It might be helpful to explain why you are asking these questions.

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Hi Steve_M

 

3) Yes. If you want to do it without informing the landlord, make sure you have proof that you've moved out and hand back keys etc.

 

Steve, of course, if there are no witnesses, the landlord could allege that I did not handed back the keys before the agreement was expired ( agreement term ). So, what would be a proper legal proof in this case ?

 

It might be helpful to explain why you are asking these questions.
It is good to be well informed so ones can make wise decisions.

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If it is something to happen in the future then I would still highly recommend informing the landlord before you move out, this can then be to arrange to drop of the keys. Something like this usually needs to be arranged anyway and it would help both parties out if you didn't phone up the day before or on the day.

 

If your worried about the aftermath of the ll arguing that the keys have not been handed back then actually take a witness.

 

If this is a case that has already happened, explain it and we will be more then willing to help, as steve_m has assumed its very strange for all the questions. We are more then happy to provide answers but better answers on a case by case basis can be provided if its something that is in the past.

 

Regarding the legal position though, my assumption would be that the ll would try to retain the deposit in which the TDS would sort it out, or taking you to court which would lead to a judges decision based on any evidence that both parties can present.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Hi blitz

 

Yes, obviously, I have to hand back the keys and inform him about my departure at least one or two days before I leave ( at the term of the rent agreement ). Aside the legal obligation of informing and handing the keys back, I would not receive my deposit back without this procedure.

 

And no, it is not something that has happened yet. But based on the sleazy and extremely selfish behavior of my landlord like when he tried to trick me to pay twice one month rent when he bought the house from the previous landlord four years ago, the enormous delay and careless he demonstrates on fixing house problems ( broken collective toilet or bathroom, blocked pipe system, and another serious problem that I will be talking about in a new topic, etc. probably by taking advantage that the tenants [ including me ] did not know that he is only obliged by law to fix the house general problems if he is officialy notified by a letter sent to him and that verbal communication has no legal consequence), the way he misrepresents reality and based on personal psychology I can reasonably predict his future behavior.

 

For instance, I am almost sure that he will fabricate excuses in order to not give me back the deposit when I leave.

 

That is why I want to know all the relevant laws. I do not want to be victim of his traps and manipulations.

 

I think all tenants should know at least basic things about the laws which, seem to me, already bend way more in favor to landlords than the other way around.

 

Anyway, I am very grateful to you and to Steve__M for your kind help.

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Ideally, then, you need to make sure you have your contract, inventory and receipts for deposit etc. Ideally you should do a checkout of your house with the landlord present, so that issues can be discussed there and then.

 

Since I assume you have signed a contract recently, your deposit should have been protected in a tenancy deposit scheme. If not, the landlord may be liable to a 3x fine. You can check by contacting each of the 3 schemes (DPS, mydeposits and TDS).

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I prefered to create a new topic for this post, so I deleted it to avoid repetition.

Edited by Blue Crystal

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A periodic tenancy is different from a fixed term tenancy. Should you continue in occupancy of the property when the fixed term ends it will turn into a periodic one (month by month).

 

Rereading the above, I realized that I have some gaps of lack of information on this case.

 

1) When fixed term tenancy becomes periodic one, does it mean that the tenancy lasts just one month ( one month term ) and if I decide to remain in the flat after one month, is it automatically renewed to a further month and so on ?

 

2) Is the landlord also obliged by law to give me one month of notice in advance if he wants me to leave when we are under a periodic tenancy ? And, in legal terms, should he do it through a written document ( letter ) ?

 

3) When the periodic tenancy starts, I guess that I can move out at the end of a month since the term of the agreement lasts just a month ? In this case, would I be obliged by law to notify the landlord with a month in advance ?

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When you enter into a periodic tenancy from that moment on you are required to give a full months notice which must be served before or on the rent day with the notice to expire at the end of that rent period. (You can't give a months notice half way through to end half way through the next month for example).

 

For a landlord to evict you, you must be presented a document called a s.21 which is a legal document for eviction for any reason. This can only be served to expire at the end of your fixed term (or to expire any time after during the periodic part), and you cannot be forced out of the property without a court order.

 

If you wanted to move out the month after your fixed term ends you would still be required to provide a full rental months notice.


Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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