raydetinu
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Everything posted by raydetinu
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Suggest if you have good credit to go and see Bank Manager or Mortgage specialist advisor. I am sure they will sell if you get the mortgage and make an offer that makes it worthwhile for them! don't under value it too much!
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You should of been given or kept a copy of all documents you signed at the time! for G form to be valid it must include either a copy of the original AST and terms or refer to it. ( so this is an important document ) Claimant should include a signed copy this as part of his claim. Also, as there is no benefit to the G, this not a normal contract and therefore some judges require this to be signed by a witness,( notarised ) and sometimes also under seal, to be valid! unfortunately this does depend on the judge. going to court is the only way to get this settled ( that's what they are for ); Judge will be fair as to what claims are valid and seem reasonable, subject to above.
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Sneaky Foxtons & break clause
raydetinu replied to Txiki's topic in Residential and Commercial lettings/Freehold issues
you can try; speak to agent/LL. If flat not ready again then you can seek compensation, unless you have actually moved in! in that case you have accepted contract and it is running and you are tied to it. but of course they still have to do what ever needs doing. put it all in writing/email to them so there is no dispute about what needs doing. -
thats why you should put everything in writing, emails etc. so you have a record.
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or ask tenant? better to start a new thread to get a better response?
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unfurnished rental
raydetinu replied to ladyh0's topic in Residential and Commercial lettings/Freehold issues
CC, you just cant dispose of someone's property! especially as it is their house? hopefully common sense will prevail! -
Agree S21 dates confusion now gone, great! OP stated dispute is with previous LL, so presumably old tenancy. so deposit would still of had to be protected, but has now been returned, so agree no point proceeding with any action on that.
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Sneaky Foxtons & break clause
raydetinu replied to Txiki's topic in Residential and Commercial lettings/Freehold issues
the fact that the you could not move in on the contract start date, would void the contract or even make them liable for damages! unless you agreed to that in writing! Have you paid them any monies; rent and deposit! -
unfurnished rental
raydetinu replied to ladyh0's topic in Residential and Commercial lettings/Freehold issues
It is taking up your space, which you are paying for! so it would be reasonable to charge storage fees! for it. Of course you don't want to do this, so unless you want to run the risk of getting a section S21 notice you may just have to live with it! Speak to LL direct if you can and get them to remove it, sell it or dispose of. lots of charities will collect it if in ok condition. or you could buy it then get rid of it? how much is it worth £25? job done. -
M51, how does the new DRA affect the non - protection of deposits? They have to be protected!
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Also there is no guarantee the claim would be accepted in the small claims court, it may well have to go to full fast tract and that would cost you in fees.
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agree, not worth the hassle of a meeting, unless just to clear up some minor points. You are so far apart that any meeting will not help. Keep it to emails. ( no phone calls at all) Just respond to his, be reactive only, let him make the running.
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you definitely need legal advise! sounds you and the creditors/guarantors are in a lose/lose situation. You need to minimise your loses and affects.
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I did say they cant act on their own, they must have LL agreement to try and evict somebody; LA cannot do that! only a LL as it is his property. OK they can issue a S21 but cant follow it up and take tenant to court, only LL can do that!
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I think you need legal advice! You had no contract with the brewery? so any money you gave them was at your own volition! not sure if you could sue them. was it also your home?
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carry on and try and contact LL direct; keep paying rent etc. I cant see LL taking action to evict if he is happy for you to stay and you keep paying rent on time. why would he, it will cost him to evict and find new tenant. LL must agree to s21 notice, LA cant act on their own. ( they are his agent, they do not own property ). Ask agent to confirm LL agreement to S21.
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Rent increase advice
raydetinu replied to Leakie's topic in Residential and Commercial lettings/Freehold issues
just a few basics, if you can confirm; is it an AST rental agreement? when did it start? did you pay a deposit and is it protected? Are you the named tenant on the agreement and is any body else named as the tenant? LL must issue an S13 notice of increase which also has the info to challenge. rent increase cannot be imposed within 12 months of tenancy starting. LL can issue S21 notice at any time as said. best to negotiate with LL and come to some compromise on what you can afford, if you want to stay. -
Deposit - thoughts on where we stand
raydetinu replied to a topic in Residential and Commercial lettings/Freehold issues
well just ask for him to return the deposit in 7 days or you will start court action for the its return and non-protection. hopefully he will see sense and do that, saving you the time and stress involved in the court action. but, if he does not respond you must continue with your claim. -
simple, just respond by saying you do not agree to any of it! then see if he starts a court action, which you can defend, and let a judge decide whats fair. contact shelter or look through their website for info.
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Who is the landlord?
raydetinu replied to hightail's topic in Residential and Commercial lettings/Freehold issues
Fairly sure she would be classed as a lodger, if not on tenancy agreement. ( probably illegal if agreement does not allow sub- letting/ sharing without LL knowledge ). LL usually wants to know who is staying in their property and vet them. deposit paid would be have to be chased through court if not returned! one months notice sounds reasonable. -
need to be clear here about the contract first; ( AST? ) Is there just one contract which the two tenants signed or did each one have there own separate contract? could be a problem if only one contract! what was the contract end date? or had it gone periodic? if periodic then notice needs to be minimum one month to end on day before rent due date. Best just to get deposit back in full, and not have to go to court, but certainly use the fact deposit should have been protected as a lever to do that. She also may have a problem with the virgin contract, if it is her name she will be liable for it until the end of the contract period as she signed the contract! unless the LL agrees to take it over the payments? direct with virgin, getting complicated now.
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yes the deposit would need to be protected. has she got the virgin agreement with the LL in writing?
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Could be an early breakfast?
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I doubt it, keep going. Get it struck out. how do they know you did not go into the bar for a drink while you were waiting? proof is down to them!
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hang on this thread is 2 yrs old. Nobody will read it! suggest you start a new thread if you want help, or try VW specialist site.
