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    • Hi   I assume this mattress was the Tenants own property?   So after moving out the Tenants provided an attachment showing a stained mattress and wanting full deposit back and threatening to claim against you for this.   1. Tenants failed to notify you of this stained mattress issue until the end of tenancy after they had vacated the property.   2. You have no evidence that this was the actual mattress used in that property nor evidence to back up there claim the staining caused this mattress damage.  (i.e. one of them could have had an accident and wet the bed or done this when they moved from the property).     3. Ask them that you wish the mattress independently inspected. (which you are fully entitled to do and if it proves this claim is false it will be added to the deposit claim by you the landlord for damages as well as the Garden if you need to get landscapers in to carry out the work that should have been carried out by Tenants as per Tenacy Agreement and raised  by yourself (Landlord) on a few occasions which Tenants failed to rectify even at end of tenancy.   4. Ask them to provide you with the contact details of there Contents Insurance Company (tenants whether Private or Social Housing should always take out and have Contents Insurance but is up to that tenant) bet they don't provide it Big question is the Deposit protected in a Tenancy Deposit Scheme (TDS) and those Tenants that have left were given a copy of the Prescribed Terms for that TDS? (Bear in mind you may need to tell TDS that you are in dispute with the Tenant about damages i.e. mattress and Garden)    
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    • Hi again   Yes, it's been a lovely day weather wise.   Guess you've better things to do with weather like today than help with this problem, so thanks very much for your input, it's very much appreciated.   Late this afternoon I did receive a reply from the tenants, and they are asking me to go 50/50 with getting the garden sorted, not only that, as they have moved away they are expecting me to get the quotes.   Regarding you view on this issue, its so easy not to see the whole picture and my thoughts that the staining damp may be of their own doing didn't occur to me as I was so locked into the historical leak. Taking a closer look at the room in question today, I'm convinced that they are trying it on with the stained mattress- they did mail through a picture and then a receipt for supposedly the mattress. My wife and I then took both the pic and receipt to the bedding store where purchase was made to ask if the two married up, the picture does not show any emblems/manufactures logo or such to prove that this is the case, so we are none the wiser- our thoughts being that the stained mattress is from elsewhere.   A few days back I spoke to our letting agent regarding all of this, as was quite correctly mentioned there are two parts to this equation, namely the mattress and then the property.   Our agents mentioned to me that as an inventory was not carried out initially with the let, (hindsight) the pictures that were used to advertise the property could not be used as evidence to present to the TDS to be compared to the pictures now as there is no proof that the advertising pictures were in fact how the property was when the let started. I mentioned that all digital pictures have a means of finding when that pic was taken- Geo tag/Metadata- agent was quite surprised by this. The agents thoughts then went for a hide in a vacuum-   This is going off at a tangent here-many moons ago my wife studied computer science at a local University, one of her classmates who she is still in touch with is now a practising Solicitor. My wife suggested that maybe I give her a call, a bit rude I guess, but I did  phone and with the pleasantries out the way  I asked for her opinion of the best way to get this sorted. Her remit isn't landlord type stuff, however she will speak to a colleague on Monday and come back to me.   The property is due to be relet on the 21st, we will ensure that the new tenants move in to a home that is immaculate and welcoming, trouble is its getting a tadge close to get the garden issues sorted in time.   I know that all this will get closure in the end, but at the moment I've had more fun with a toothpick-   Again, many thanks.
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Clarification sought re Sport Club Rules


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Good afternoon. I wonder if anybody can help please?

 

I am a member of a sports club which is run by a management committee made up of individuals from the membership who get voted in at an AGM. The club premises are also hired out to members of the public for functions.

 

The committee decided that due to a few break-ins to the club premises that they would install a cctv system. The system is accessed by the chairman and the club secretary only. There is, as far as I know, one small sign next to the front entrance of the club informing people that cctv is in operation.

 

This is fine apart from the fact that members are increasingly concerned that they are being watched (and possibly listened to) by these two committee members. Again not really a problem as nothing really goes on. The problem is at the moment there is a club dispute going on with the two aforementioned committee members.

 

Basically what are the rules, if any. It is understandable that the footage is looked at if a burglary has occurred, but what about general viewing of members whilst they are socialising in the bar?

 

Thank you for any help.

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Hi jamal

 

Welcome to CAG

 

Heres some info:- http://www.ico.gov.uk/for_organisations/data_protection/topic_guides/cctv.aspx

 

Please let us know how your problem has been resolved, it could help fellow Caggers.

 

Thread has been moved to the correct forum.

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Thank you for the link. I will certainly let you know what happens.

 

I wonder if you also have any info on interpreting our club constitituion rules. For example 1 rule states that

  • an officer of the committee can only be removed by an EGM.

a further rule states

  • the management committee can remove remove a member from the club if their behaviour, on or off the premises, brings the club into disrepute.

What would happen if the member in question bringing the club into disrepute is an officer of the committee. Can the committee have a majority vote to remove the member; or do they need to call an EGM?.

 

Any help would be appreciated.

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Dear Rebel

 

 

Thank you for your response.

 

 

Unfortunately this link was to a set of rules for another club and although they are comprehensive and fairly clear, they have no relation to the rules in any other club. Each and every club has their own set of rules agreed by the membership and committee at an an AGM.

 

What I am getting at in my earlier posting is that, as the rules state, if a straightforward member (Joe Bloggs) had brought the club into disrepute then that member would be able to be immediately dismissed from the club by the management committee. Our dilemna is, what if this person is a member of the committee;there is this other rule that says a member of the committee may only be removed from the committee at an EGM (thus not cancelling their membership). Does that mean that they first have to be removed from the committee by an EGM and then dismissed from the club by the committee or, as the committee member is in breach of the rules can this point be bypassed and therefore they could be dismissed from the club by the management committee without going through the EGM procedure.

 

Many Thanks.

 

 

 

 

 

 

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Sorry, thought I should just make it clear that the dispute is not over the cctv issue. That is a different problem!!

 

Hello there.

 

Would you like your thread title changed in that case?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hi Jamal,

 

With a small organisation like this, it's difficult to give a clear answer without knowing:-

 

1. The circumstances that you are referring to (but please don't go into detail on this).

 

2. The full set of club rules (again, we don't need to know them at this stage).

 

However, based on what you have said above I think you would have to have an EGM to consider the case against the committee member.

 

If the required majority voted to remove the committee member, then the remaining committee could consider if the person should have their club m/ship withdrawn.

 

I do not think you should circumnavigate the EGM process as the individual would, in theory, remain on the committee despite being barred as a regular club member.

 

:-)

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Hi Slick

 

Thank you for changing the thread title and for your response to the query. I understand that it is difficult to give definite answers without knowing all the facts and rules, and that is far too long winded.

 

Our rules are a bit vague and the two listed above are the only ones that actually refer to removing a member from the club due to any kind of misconduct. Although I actually agree with the points you make I wonder if it would make a difference depending on what the actual problem was. As you say, I cant go into detail but a while ago another member (although not a committee member) was removed from the club by the committee for exactly the same thing as this. This incident would probably be deemed gross misconduct if it happened in the workplace. Do you think this would make a difference? If not, then you have answered all the points already in your post above.

 

Thank you for your help, it is much appreciated.

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Hi Jamal,

 

Responding as best I can in the absence of further info.............

 

If an ordinary club member was barred by the committee for the same type of incident, I see no reason why a committee member should not be treated in the same way.

 

I would expect a committee member to lead by example without being seen to receive preferential treatment.

 

If someone would be sacked for the same offence in a workplace environment, then the committee should consider the facts and respond as the majority see fit.

 

It sounds like an EGM is required to consider the matter so the committee members can decide if removal from the committee and/or termination of m/ship is appropriate.

 

:-)

Edited by slick132
typo

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  • 2 months later...

Hi There

 

Thought I would let you know that the person in question eventually (after many meetings!!) resigned from the committee as they thought this would be less embarrassing than being ousted at en EGM.

 

Thanks again for the advice.

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Hi Jamal and thanks for the update.

 

:wink:

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