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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi, I'm not sure if anyone can help, but here goes.

 

My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare.

 

The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement.

 

He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go.

 

The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do.

 

As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received.

 

Sorry it's such a long-winded post, I hope someone can help.

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Hi, I'm not sure if anyone can help, but here goes.

 

My bf owns a ground floor flat in a block of HA maisonettes. When he first bought it about 5 years ago all was well, however for the past 4 years it's been a nightmare.

 

The tenant across the hall sleeps all day (fair enough) but has music blaring from about 10pm until about 5/6 in the morning. We also believe he is dealing drugs from the flat (though have no proof). And there are people coming and going, slamming doors all times of day and night. BF spoke to him at first, as did the 90 year old tenant upstairs. When that didn't work he contacted the Housing Authority, who have told him that they have spoken to him and have at this time given him FOUR FINAL WARNINGS!!! With no improvement.

 

He could have coped with that, but just over a year ago the 90 year old was moved from the flat above BF to opposite as they were renovating all flats. As you can imagine at 90 he had no desire to move again. Since then the HA have moved a succession of teenagers into the flat above. And yes I realise it's their flat and they have the right to choose their tenants and obviously the kids do need somewhere to go.

 

The previous tenant would play loud music occasionally but not for the length of time as the tenant opposite so BF didn't complain. About 8 months ago new tenants moved in, boy and girl about 18 ish. From the start there's been terrible unexplained noises ( which after seeing girl out in roller boots we now know what it is!) Throwing contents of ashtray over balcony onto shared grounds. Stomping etc. He hasn't bothered complaining about this because of the lack of action with the tenant opposite. After a sleepless night this week with approx 6 hours of extremely loud music (funnily it's never at the weekend) screaming, shouting etc he had enough and complained. HA were worse than useless and said they'd see what they can do.

 

As a result BF has been forced to sell property as he can't take any more stress. I realise that he is legally (and morally) obliged to notify any prospective buyers especially as there have been official complaints, would he be entitled to any compensation from the HA who are woefully inadequate from any loss in value as a result of nuisance? Also, any help with advice on getting HA to do there job properly would be gratefully received.

 

Sorry it's such a long-winded post, I hope someone can help.

 

If you are not getting any joy from the housing association then you should contact your local environmental health department and report the noise to them. They can take action - but will require you to keep a diary, and may put sound recording equipment in your property in order to ascertain the noise levels. Noise abatement notices can be served.

 

Tenants who make a nuisance of themselves can be evicted, but it's a long process, so the housing association may still be in the information gathering stage, however they should be keeping you informed as to what they are doing.

 

It is entirely possible that you can sue for a breach of covenant - the right to peaceful enjoyment of your property. This doesn't mean quiet...it means without being unduly disrupted or disturbed by others around you for whom they are responsible (their tenants). I presume the housing association is the freeholder of the building? If yes, then they are the people you would sue for any loss you suffered when selling the property (in price).

 

You might want to sell it to the housing association...then they can put all their noisy tenants in one block! Or alternatively, ask them to install some sound-proofing in the flats where the most noise comes from (that may be the cheaper option for them in the long run).

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Thanks for the reply. He's kept a diary for the tenant opposite, not sure about upstairs though. He's tried to keep it kind of friendly by keeping complaints to the HA and not going through the council.

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He's been keeping a diary pretty much from the start. The HA gave him a dictaphone to record the noise but it was useless. Re eviction and information gathering, they've had four years to do that and still no progress so I think it's either incompetence or beaurocracy (excuse spelling) or a bit of both.

 

He has to pay them ground rent, not sure if that means that they are the freeholder or not. He's sent them a bit of a sarky message suggesting they buy it, doubt very much that they've got the funds though.

 

I did suggest him renting it out, however he's not sure he'd get the approval from his mortgage provider (it's likely he won't make a penny out of the sale, that's how desperate he is to get out) plus all the hassle being a landlord and having constant phone calls about this and that.

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If he pays them ground rent, they are the freeholder. They may just be able to find the funds to buy the property - and he could inform them that he will be making a claim against them for the loss in value of his property if he makes one, due to having to disclose the troublesome neighbours.

 

Most mortgageees won't withhold consent to rent unless it is entirely unreasonable - but they will also likely increase the mortgage interest as it is no longer a residential mortgage.

 

He can take action with a noise abatement notice himself if he doesn't want to go to the council - sometimes the threat of taking action is enough to make people sit up and take notice (he'd serve it on each of the noisy neighbours).

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