Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • 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
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • 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.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 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
        • Like
  • Recommended Topics

Deposit problems


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6347 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Ok, slighly messy one here....

 

I moved out of a rented house in January 05 (nearly 2 years ago), after renting it for about 18 months.

 

The owner of the property was a Major in the army, and not based in the UK, so I always dealt with his retired father, who turned out to be a nasty piece of work.

 

The last few months, the landlord was very unreasonable when I spoke to him regarding problems at the property, and got very threatening when my rent was paid late on a few occasions.

 

My business was in the process of going bust at this point, so I was struggling with always paying the rent on the due date. However when I left the property, the rent was up to date.

 

I was very ill at the point I moved out, and although I moved all my posessions out in time, I didn't have time to clean the property fully, so wrote a letter to the director of the letting company. As they were paid to do the management, and these people I paid the rent to, they should have been my point of contact, not the old bastard. This letter asked if they could arrange for the cost of cleaning to be removed from my deposit.

 

The house was left in good condition - no damage, and I even got a friend to help paint over any marks on the walls, so any marks left were definitely reasonable wear and tear.

 

The whole experience was most unpleasant, and to be honest for a while afterwards I didn't get around to requesting my deposit back.

 

It is now nearly 2 years later, and I don't see why the hell I shouldn't have MY money returned. I have spoken to the letting agency, who are in the process of getting the file out of archives, to see what the situation is.

 

They think it is possible the deposit was returned to the landlord due to arrears, damage etc. but will confirm this next week.

 

There were no arrears and the property was not damaged, so they can't have any evidence of this. The deposit was for £795, so even with the cleaning bill removed, there should be a fair chunk left.

 

Does the timescale involved affect anything, or am I still entitled to get my cash back? My understanding is that a deposit is held in trust, so surely it is not for them to do anything with it other than return it?

 

Any advice would be appreciated.

 

Pete

Link to post
Share on other sites

TFD in reply to your post and in my opinion,

 

1.You have 6 years to claim from the date of departure against your ex-landlord.

 

2.Wait for a reply from the letting agent.

 

3.If there is no refund,issue a Letter Before Action in order to pre warn the agent/landlord of pending legal action.You should allow up to 1 month for a response - there should be a template letter in the library on this forum.

 

4.If no refund is received after the one month has lapsed issue a summons to the company/person whose details are as written in your previous tenancy agreement.

 

I hope you find this information useful.

 

If you need more help,just ask.

 

Keep us posted.

 

All the best!

Link to post
Share on other sites

As a point of note, it will reflect badly upon yourself in small claims not claiming within a fairly reasonable time period, although any extenuating circumstances would obviously help in this matter. This is not to say that it is not a legitimate claim, but judges often look badly upon what they see as frivolous claims.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Thanks for the replies. The letting agents were the management company - I paid them the deposit, and paid them the rent, and it is them that would have refunded me. Am I right in thinking I should be taking action against them not the landlord?

 

I would like to hope that this can be resolved without going to court, and obviously if I can understand my rights a bit better, hopefully I can avoid them fobbing me off.

Link to post
Share on other sites

No it must be the landlord you sue. You have no contract with the agent.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

TFD in reply to your last post:

 

1.There have been one or two people on this forum that have had a similar problem to yours regarding the deposit etc.The court staff suggested that the ex-tenant is to sue the person/company that the rent has been paid to.

 

2.Although,I do agree totally with what Mr.Shed has posted because

the agent is acting on behalf of the landlord.You could of course find out the landlord's details either from the land registry or the following website maybe useful:

 

192.com - The Largest UK Directory Enquiry Service

 

 

3.However,concerntrate on resolving the matter amicably because this would be frowned on by judge(the fact that you did not give the agent/landlord ample time to resolve matter without going to court) more than a delay in issuing a summons relating to a genuine claim.I have personally issued claims in the 5th year of the 6year limit and I have won.However,you need to have every bit of information presented properly so that you can succeed.

 

4.Read through the other posts within the Landlord & Tenant section on this forum to see how the best ways of tackling your problem.

 

I hope you find this information useful

 

If you have any more questions,just ask.

 

Keep us posted.

 

All the best!

Link to post
Share on other sites

N4B - I appreciated all your help, cheers.

 

I have had dealings with the director of the letting agents in the past, and he seemsed like a reasonable guy, so hopefully I can resolve this amicably. I have made it clear in my contact with them this time that I would prefer to resolve this without legal action, so I'm still hopeful that this is possible. I just want to get my facts straight beforehand in case they don't want to play fair.

 

Thanks again - they reckon they will let me know what the position is on my deposit this week, so I'll keep you posted...

 

Pete

Link to post
Share on other sites

There is no question that the landlord is the only person you can sue for the deposit. From the eyes of a tenant, legally, the agent and the landlord are one and the same in a legal sense, as the agent is "agent" for the landlord.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Mr Shed,

 

1.Whilst I agree with you regarding the legality of the relationship between the landlord and agent - here I am referring to the issue of where to issue the notices and summons papers.You must serve the papers on the correct address - something which has already been highlighted

 

2.However,there is a line which can be drawn where the landlord cannot be held liable for the actions of the agent mainly for example if an agent assaulted a tenant.Only the agent would be liable for prosecution and to pay compensation to the tenant unless of course there was evidence to show the contrary.

 

Anyway this is my 2p's worth!

Link to post
Share on other sites

I don't realyl understand what you mean N4B. Service of papers must be served to the landlords address, obviously. And any action taken by the agent with regards to the letting of the property is as if the landlord was doing it. Obviously any actions taken which are not to do with the letting of the property is the responsibility of the person themselves, as they are no longer acting as an agent.

 

I am not saying you are wrong N4B, I just don't quite understand what you mean! :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Mr.Shed,

 

I do not think I am wrong and if I am please correct me!

 

I totally accept constructive criticism.

 

Anyway,perhaps I have not made myself clear:

 

The main question here is:

 

How can a former tenant serve a notice/summons on an owner whose address is unknown if the tenant has been paying the rent throughout the duration of the tenancy to the agent?

Link to post
Share on other sites

Ah...sorry I understand your point :) Unfortunately, its very much a case of c'est la vie. Like any other summons(a particular example I can think of is the reverse - a landlord suing an ex tenant), you mustfirst locate that person, and it is your responsibility to do so. If you cannot locate the ex landlord, then you cannot then decide that the responsibility lies with the easy target - unfortunately. However, there is a VERY useful tool for ex tenants to find the address of their landlord - the land registry. For about £2-3, you can get the address of the landlord from their records on the rental property.

 

And you probably did make it clear N4B - I think my hangover is kicking in!!! :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

Am I right in thinking that finding the address this way does not fulfil the landlord's obligation as regards providing a contact address?

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

Link to post
Share on other sites

The landlord is only obliged to provide his contact address DURING the tenancy if asked. After the tenancy has finished, he has no such obligation.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

I'm thinking of during the tenancy. Finding the address via Land Registry is brought up frequently, and this point hasn't really been made clear at any point.

HSBCLloyds TSBcontractual interestNew Tax Creditscoming for you?NTL/Virgin Media

 

Never give in ... Never yield to force; never yield to the apparently overwhelming might of the enemy. Churchill, 1941

Link to post
Share on other sites

OK. For a tenancy to be set up and legally accepted, the landlord must provide the tenant with a Section 20 notice at the outset of the tenancy. This S20 is almost always simply provided as part of the AST - it basically includes the name and address of the landlord, or name and address of someone else acting upon his behalf in England and Wales. Incidentally, this is why if you are letting out property when you live abroad somewhere, you must provide the name and address of a representative in E+W. If this information is not provided, rent is not legally payable, and any eviction notice will fail until such information is provided.

 

If the name+address given is that of a representative of the landlord, then at any point during the tenancy a tenant can formally request(not neccessarily in writing, but obviously difficult to prove if not) the name and address of the actual landlord. The representative(usually a letting agent) must provide these details within 28 days of the request, or they are breaching the Housing Act. It is not the responsibility of the tenant to find out these details other than formally requesting them. Therefore the short answer to your question is no, it would not fulfil the agent's(NOT the landlord's) obligation to provide such details on request. Hope that helps :)

  • Haha 1

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

Link to post
Share on other sites

To all!

 

Keep it simple!

 

Do as folows:

 

1.Issue a notice to the person/company and address as written in the lease.

 

2.If there is no joy get a court order for disclosure if the judge does not request the address/details himself/herself or go down the land registry/192.com routes.

 

3.Then you(here meaning previous tenant) are ready to kick some a**!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...