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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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Hi,

I signed a AST for one year with no break clause included.  My tenancy started on the 1st of March but did not move in until the 8th of March. 

 

4 things I've encountered in one week.  

1/ No sky wiring from the communal sky dish which I was told by the management agent said there was.  Not an issue for me.

 

2/. The toilet took 30 minutes to fill once flushed. So I reported this. Plumber came and fixed. Still takes a few minutes to fill but not an issue.

 

3/. Water pressure is so bad that can't even shower as  the hot water flow is so bad that even affects kitchen tap which has a weak flow of water.  Was told today that a pump would be fitted next week.

 

4/. Rats and mice in the loft.  Every morning upon waking up about 7 with loud noises coming from the attic.  When the plumber came round to fix the toilet he had to go in the loft to fit a pipe.  When he got down from the loft he told me that there was a load of traps scattered around the loft.  I told him i am woken  up at 7 in the morning by the noises in the attic.  He advised me to contact the management agent to get them to call out pest control.  Pest control came today and stop their head up in the attic and told me he can smell the rats.  Went up and found mice rats and a dead squirrel.  This was the last draw for me so I had a blazing row and I have decided to end my tenancy leave.  the management agents denied that they knew about any vermin issues despite there being traps laid in the loft before my tenancy.  As the rats and mice are still there this leads me to believe there is an issue with these vermin. Also noticed all pipes leading into walls have been blocked up by some kind of putty  in the bathroom.

 

pest control did lay down the traps and have two  further visits planned.

 

The management agent will probably come after me for early termination,  but as the state the flat is at the moment I feel like I've been misold and all these issues should have been taking care of from the beginning of the tenancy.  The vermin issue has really affected me today.  I've  call the council to complain about the rat and mice Infestation

 

I'm going to send them an email outlining reasons why I've left and that I would be giving up my Tenancy,  has anyone got any tips on how to move forward.

 

Thanks 

 

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chances are that the vermin in the loft are a a breach of the landlord's obligation to keep the place habitable so you will need to make usre that your tenancy contains such a term or you are liable for the rent.

If your LL wants to enforce the agreement and make you pay you can counterclaim for the place being uninhabitable/health ahzard/unsafe.

If LL doesnt want to play nicely then you will need to take it up with council environmental health dept and at least get them to visit and agree that there is a problem. If LL wont allow access then they have ended tenancy (or agreed it is ended by their action)

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8 minutes ago, ericsbrother said:

chances are that the vermin in the loft are a a breach of the landlord's obligation to keep the place habitable so you will need to make usre that your tenancy contains such a term or you are liable for the rent.

If your LL wants to enforce the agreement and make you pay you can counterclaim for the place being uninhabitable/health ahzard/unsafe.

If LL doesnt want to play nicely then you will need to take it up with council environmental health dept and at least get them to visit and agree that there is a problem. If LL wont allow access then they have ended tenancy (or agreed it is ended by their action)

Thanks for your reply. I've already contacted the council regarding the vermin issue.  I actually went up the attic today to take photos and it's pretty grim.  Previous existing traps already filled with dead animals and there are different types and numerous traps laid out everywhere . Even the water tank is not covered even though it has a cover.  Not sure if the water has been contaminated and not willing to take the chance.   I managed to speak to the neighbour today who confirmed he called out pest control in Dec as he had issues with noises in the loft.  In the meantime I received an email from the management company who apologized and advised the situation is not satisfactory. 

 

I will be moving out on Monday regardless and will fight this till the end

 

Rgds

 

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so what does tenancy say about habitable condition?

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