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    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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Hi guys,

 

I wanted to get some advice before I part with my money to my Landlord. I'm in 12 month contract, no break clause with 5 months left but I've just accepted a new job abroad at the end of this month. I contacted the LL with a months notice and explained I'd get someone to take over the tenancy but they're saying as I need to give 2 months notice, they will need two months rent (my deposit plus an extra month).

 

The LL is in the process of already getting a new tenant, probably giving them a fresh 12 months.

 

Is the LL correct in asking for 2 months rent?

 

In the agreement it states: If the agreement is not brought to end by either party on the above date, it will continue thereafter on a monthly basis until terminated by either party giving no less than 2 months notice. This is the only mention of '2 months' in my agreement.

 

Thanks for your time.

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What's the ''above date''??

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Is the above date the one year anniversary of the contract? Also known as the end date?

 

And what exactly is the no break clause?

 

Is the above date the one year anniversary of the contract? Also known as the end date?

 

And what exactly is the no break clause?

 

Sorry guys, I meant 'There isn't a break clause'.

 

Date of tenancy 1st Sept 2017, ends on 31st Aug 2018. Emailed landlord March 1st 2018.

 

The LL is fine with the moving out, just wants all bills paid when leaving.

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Private let or agency let.

 

As initially you say he wants the money but in last post you say he just wants all bills paid

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Private let or agency let.

 

As initially you say he wants the money but in last post you say he just wants all bills paid

 

All bills plus two months rent. It's a private let.

 

...and if it’s a fixed term agreement he’s entitled to demand the rent right up to end date...

 

I don't disagree. I'm not not going to pay, I'd just like to know if he is correct in asking for two months rent when someone will be taking over my room shortly.

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As above. youre in a fixed term tenancy and you want to end it early. He's actually doing you a favour by asking for less than he is legally entitled to.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I was under the impression that if you break a contract early and need to pay for the remainder, the LL cannot rent the unit to another tenant until the end of the payment period as he would then be unjustly enriching himself as he is taking in two rents for the same month. Likewise if he wants two months rent upfront he cannot lease the unit until the expiration of the two months in question. Maybe a call to CAB or a Housing Ombudsman may help.

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I was under the impression that if you break a contract early and need to pay for the remainder, the LL cannot rent the unit to another tenant until the end of the payment period as he would then be unjustly enriching himself as he is taking in two rents for the same month. Likewise if he wants two months rent upfront he cannot lease the unit until the expiration of the two months in question. Maybe a call to CAB or a Housing Ombudsman may help.

 

The LL is under no obligation to accept the offer of surrender yet on this occasion has agreed to do so providing the tenant pays two months notice.

 

Whilst your impression is broadly correct, it is not that simple...

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No the Tenant can serve valid NTQ until end of fixed tern, but the Tenant can offer early Surrender on Landlords terms.

The Landlord cannot benefit from 2 overlapping rents but it could be 2 months to find an acceptable replacement and occupies. I doubt OP would sue for a few days overlap

Landlord is doing the OP a favour IMO.

Edited by Andyorch
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No T can serve valid NTQ until end of fixed tern, but T can offer early Surrender on LLs terms.

LL cannot benefit from 2 overlapping rents but it could be 2 months to find an acceptable replacement and occupies. I doubt OP would sue for a few days overlap

LL is doing the OP a favour IMO.

 

I'm most likely going to be doing viewings so the new tenant will probably be signing the tenancy whilst I'm still in the property.

I did always wonder how it worked when people say the LL can request for amount for ending early but then have someone else move in a few days later.

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There are two options as far as I understand:

 

* You and the landlord do not come to an agreement and you leave early. In this case landlord is entitled to his losses. In this case these would be rent, bills and so forth till the end of the contract. If he re-lets the property he is entitled to rent, bills till the person moves in plus contribution to costs in advertising and so forth.

 

* You and the landlord come to an agreement. Then he is entitled to what is agreed whether he re-lets the property quickly or slowly. If you agree on 2 months rent then get it in writing.

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Once again, thanks for the help.

 

I have one last question, as I’m now going to be paying 2 months rent, does this mean I could potentially stay up to that second month? My flights may be delayed for a week (moving abroad). I was going to get an air bnb but thought I’d ask here.

 

I’m guessing this may be down to the discression of the LL.

 

Thanks guys

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I fail to see any reason why not?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I fail to see any reason why not?

 

I wasn't sure if me giving my notice meant that I'm now going to have to be out at that date, but technically I'm still paying rent and have given two months notice.

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...bear in mind that the LL may have intended a portion of your two months notice to go towards mitigating his reletting, advertising expenses, etc.... he could ask for more money if you choose to stay until the end date...

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...bear in mind that the LL may have intended a portion of your two months notice to go towards mitigating his reletting, advertising expenses, etc.... he could ask for more money if you choose to stay until the end date...

 

Not unless it is clearly stated in the tenancy agreement, which I very much doubt.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The tenant is now trying to change the agreed terms of surrender from his fixed term...

 

Does it say that in the tenancy agreement or is this simply guessing?

 

Either way, unless or until the LL says otherwise, then there isn't any issue.

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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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