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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)    
    • plenty of time to research and calm down. nothing much to do until the end of june.    
    • well ...... 1st you need to go back to post 1 and carefully read ALL this thread from the start again and pay attention to the advice and the undertones it explains about 'debt'.   2nd ...the truth is you owe no-one ANYTHING, the OC wrote off and sold the debt, and got most of it back against tax and business insurance schemes ...throw the morality card out the window...the OC did by selling the debt on for <10p=£1. and the DCa want the full balance ...id so many fools stopped paying powerless DCA's tomorrow, the whole industry would collapse overnight.   3rd the only reason this is still around your neck is because you failed to follow given advice...had you ..it would now be statute barred.      ^^^ very important research the M+S credit card debacle using our enhanced google searchbox on this page   as for the PAPLOC reply,   D.. desipte a previous CCA requests, the claimant has yet to supply any/all of the required paperwork.   i: delete [CC is attached to this reply form]"   
    • 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.
    • The collection is currently stored at curator James Blower's home, but he has now found a space situated in an old bank premises where he hopes to exhibit them from this autumn or early next year. View the full article
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Hiya,

 

I'll briefly explain the situation here and just wondering where I stand with it all really.

 

* Started 6 month AST in april 2012 and has now become a periodic tenancy

* Reported rat and damp problems at the end of last year

* Reported to environmental health as issues were not being dealt with

* Rat problems fixed and damp report done and sent to landlord

* Environmental health chased again as damp problem was not being dealt with

* Letting agent has come back to me this week saying to fix the damp I will need to move out of the property for a month whilst they fix the issues, as the property will become unhabitable during that period.

 

I have no issues with being away from the property for a month (as i can move in with someone temporarily) but just trying to see if i can technically/legally claim for anything for this as it is not my fault the property is in a bad state and the repairs need doing.

 

Can i claim for moving/storage costs whilst work is going on? I will be able to leave some things in the property but not everything whilst work is being carried out

Can i claim for say water/gas/electic bills whilst not in the property?

Would they have to do another inventory once I move back in?

Can they insist I sign another tenancy agreement or should I be able to still continue using my periodic tenancy?

 

Any help or assistance with this would be much appreciated.

 

Regards,

 

Ziderman

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What precisely have they agreed. Are they expecting you to pay rent and bills?

 

Step 1 is to read your contract to see whether it states what the landlord's obligations are should the property become uninhabitable.

 

Normally, the compensation should exactly match your losses. So for example, LL could put you up for a month in similar standard accommodation, and pay your moving expenses, but still expect to get his rent.

 

A lot of it is by negotiation, particularly in this case where you have little security of tenure - it could have been reasonably cheap for LL to give you the required two months' notice and done the work after you moved out.

 

Eg. I suggest that you ought to argue that you should not be liable for utility bills while you are away (they will shoot up if workers put dehumidifiers in). Take readings when you move out and move in.

 

When you move in you could ask for a new condition report. At the very least you could update the report and send it to LL/agent. You don't have to sign a new agreement - if a lot of your stuff is still in the house then that's a good indication that your existing tenancy is continuing. However, at any time LL/agent may wish you to sign one regardless of this work.

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