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bedlington83

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Everything posted by bedlington83

  1. I'm afraid that the highlighted bit covers your conviction
  2. T will still be resident on 9 Apr if he moves out on 21 Apr, rent is therefore payable up to (and including) 8 May. mariner - I think you probably just got confused with dates
  3. Hang on, I thought you said that it was an AST that didn't expire until August 2011. How can it be re-let already?
  4. Stop talking to them on the phone and follow the advice you are being given here. Have you written to their head office yet?
  5. Like you've been told on the other threads that you've started, the compliments slip is evidence that will be weighed up by the judge along with all the other evidence. From my unqualified perspective I would say it's quite useful to you because, if they didn't agree to supply a unit that went right into the corner, how come you've got a compliments slip with the company logo that says that's exactly what they will supply. I must admit to being a little confused about why you're taking legal advice from a furniture retailer that you're in dispute with and that has already proven themselves to be less than totally above board. You wouldn't go to a shoe shop for advice about your car so stop listening to this rip-off merchant and start believing the things that you are told on here, starting with this: Stop talking to the store in question and raise a dispute calmly in writing with the head office, concentrating only on the facts, at their registered address (which is probably on the compliments slip and should be on the invoice). Then pick one thread and update that with any questions
  6. Where are you? (England, Wales, Scotland or Northern Ireland). The law is different depending on where you live. If it's England/Wales, and you have an Assured Shorthold Tenancy and neither your landlord nor any member of his family live in the same building then you are correct - you can leave at the end of your fixed period without notice. Be careful though, if you stay even a day beyond the end of the fixed period you will become liable for another months rent and will have to give one month's formal notice (not two) of your intention to quit
  7. Thats very sad, particularly the implication of the last bit
  8. As far as I'm aware, the officer is obliged, under the Police Act, to investigate all allegations of criminal activity. If he/she is uncertain as to whether an alleged offence is actually a crime, they have access to legal advice. Under the circumstances I think it is the OP that is owed the apology and the officer is deserving of all the derision and scorn that has been directed at them Oh, and the council do not have a duty to prosecute offences under the housing act: They can prosecute if they wish but they are under no obligation or duty to even investigate let alone prosecute.
  9. What does your tenancy agreement say about pets? Do you have anything in writing from the landlady about your cat
  10. It is indeed 8%. Taken from http://www.hmcourts-service.gov.uk/news/forms/docs/ex302_0406.pdf
  11. Accepted and there is nothing in statute that would allow a tenant to walk out as soon as the landlord serves an unlawful notice. However, I think, if you at least consider the questions I asked at #18, you may come to understand where I'm coming from
  12. Mr Shed - another thought. I hope I'm not putting words into your mouth here but you seem to take the (not illogical) view that, because no lawful notice has been issued then no notice has been issued at all. (Actually, having reread the thread you said as much in post 7). That being the case isn't the landlord entitled to the full month's rent from adelchi because adelchi left without giving notice? If not, why not? It's a partly rhetorical question to try and force you into my way of thinking
  13. I don't think for one minute that it would be as clear cut as that but that is kind of the gist of my argument. The NTQ is unlawful and therefore invalid but it has had an effect in that it has caused adelchi to leave a property that he was enjoying exclusive possession of. It surely isn't just to turn the unlawful NTQ into a notice served on the landlord by adelchi, then find for the landlord because adelchi hasn't conformed to the terms of the notice that he has deemed to have served?
  14. On the basis that a landlord would find it difficult to convince a court that he is entitled to enforce the terms of the notice because it is unlawful in two profound respects; the notice period is half what it should be and the end date is in the middle of a rent period. I have no legal training or experience (beyond successfully claiming for damages for illegal eviction through the civil courts) but I don't think it's as clear cut as you and Steve M seem to believe and that adelchi can refuse to pay the landlord for the last week with little fear of being forced to by the courts. IMO. I'm not going to fall out with either of you if I'm wrong though
  15. The NTQ isn't valid though, that's the whole point. I think it's entirely possible that, having received the invalid notice, the tenant can leave at any time without penalty. The NTQ may be unlawful but it is still a NTQ and it doesn't cease to exist. In order for the landlord to insist that he is paid up to the end of the notice period we would have the absurd situation where an unlawful NTQ was being treated as the tenant giving notice to the landlord. If adelchi were to refuse to pay for the final week and the landlord litigated, how do you think a DJ would assess the situation? The landlord has given unlawful notice and has applied to the court to enforce it's terms. In order to succeed he is going to have to satisfy the court that his NTQ wasn't really a NTQ but a request for an early determination that adelchi accepted by leaving. Adelchi on the other hand only needs to turn up and say "He gave me notice to quit so I went."
  16. I'm not picking and choosing, at least I don't think I am. The landlord has issued a NTQ that we both agree is unlawful. What is the effect of this NTQ? Legally nothing, as you have already said, but it has had the effect of causing the OP to leave. The idea that the law ignores this is anathema to me (which isn't to say you're wrong). How is it that the landlord, having issued an unlawful NTQ is then entitled to rely on the terms of that notice when the tenant ignores them? You accept that it would be OK for the tenant to stand his ground (I think). Well, why cannot the tenant leave earlier than the notice period without penalty?
  17. Just a thought, but isn't it possible (probable?) that she's desperately searching for a solicitor who will believe the lies she's telling so that she can avoid the certain consequences that all the previous solicitors have told her are inevitable?
  18. That, in one sentence, is the crux of the difference between us. I'm not at all sure that, just because a lawful NTQ has not been issued, that the law ignores the unlawful one that has, to the detriment of the tenant. In order for the landlord to rely on the unlawful notice period that he has given he would surely have to prove that the OP agreed to surrender the tenancy on the expiry of the notice?
  19. I don't think he can. The notice was invalid so the landlord is on very dodgy grounds and an argument can be constructed that adelchi should be entitled to compensation for the missing month and a half that he wasn't given. The notice should have been at least two months expiring on the 11th of the month. That means that, as the landlord gave notice on 28th February, the earliest that the notice could expire was 11th May. In fact, it may be possible to go further; because the notice was invalid, then no effective notice has been given at all and adelchi has been illegally evicted I am not a lawyer
  20. You are right. Surely you're paying rent in advance so will already have paid until the end of the month. Are you saying that your landlord won't return the money for the last week? Oh, and just to make sure; Is the property in England or Wales (i.e you don't live in Scotland or Ireland)? Is the annual rent less than £25,000? Neither the landlord nor any of his family live in the same property or block of flats?
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