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    • The G7 hasn't gone to plan, has it?   Rather than showing the UK off as a potential global leader, Johnson has probably started a trade war with the EU and is being told that other nations don't trust him.
    • 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.
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Can I sue my Letting Agent?


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I have lurked for a while and found great advice in the past on other issues.

 

I will try to keep this brief, with the key facts:

 

1. I signed a contract for a 12 month AST in Feb of this year.

The contract clearly stated that the landlord has all the required consents to let the property

 

2. In May of this year I received a letter addressed to the tenant/occupier advising that there was a possession order on the property.

 

3. After further investigation I discovered that the landlord had not been paying their mortgage, and also that they had never received consent to let the property from the lender. Had I known this I would never have entered the agreement.

 

4. The agents were most unco-operative, unresponsive (calls were ignored, emails ignored) and eventually they just told me that they were cancelling their management of the property and to seek alternative accommodation.

 

 

This has cost me a significant amount of money in terms of fees (to them initially, and to my next agent too), moving costs, additional expenses associated with the new property (I now have to pay for a car parking space for example)

 

I have written a letter of claim to the agent, outlining the reason for the claim (breach of contract) and the amounts I was claiming from them.

 

However, they have responded and said that it is between me and the landlord and I should pursue him/her.

 

The problem with this is that the breach is in the actual contract itself which the agent drew up for us. Signed by myself and the agent.

They obviously did not carry out adequate checks, and obviously did not ask to view the landlord's status in terms of permissions to let the property (the contract states that he/she has all the permissions)

 

Please can you let me know your thoughts on the above and whether I should continue pursuing the agents, or is this something I shuld take up with the landlord (who may or may not be bankrupt due to the property being repossessed) ?

 

Many thanks!

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What does your agreement with the letting agents say? If you are making a breach of contract claim, you need to be clear about which specific clauses of the contract have been breached.

 

I'm not sure its standard practice for tenant's letting agents to ask the landlord for a copy of his mortgage agreement - that is essentially the check you are saying should have been carried out.

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"5.4 That he is the sole owner of the leasehold or freehold interest in the property and that all necessary consents to allow him to enter into this agreement (superior lessors, mortgage lenders or others) have been obtained in writing"

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But that is from your Agreement with the landlord ... you are suing the letting agent here so need to check your agreement with them (which may just be a copy of their T&Cs).

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