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Planner

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Everything posted by Planner

  1. I must admit in my 10 years of renting, every agents I have used and the majority of the LLs have required photo id. Nothing unusual at all imho.
  2. I dont think anyone here can condone what you are suggesting. My advice is to leave and find alternative safe accomodation with a gas saftey certificate. Personally I value my life at considerably more than a £2280 pa rent saving. As far as 'loathsome schemers' go, I think your landlord has more than met his match.
  3. From what you describe I dont think theres any question that you have to pay towards the carpet, you have put holes in it and burnt it! The question will be how much? Is your depsoit one that should have been protected? If so has it been? If it has, then you need t use the scheme arbitration procedure. If not and it should have been, you need to ask your LL to protect it OR take them to court for not protecting it. If it doesnt have to be, then you will have to agree the correct amount to deduct with your LL if you cant, then you must take him to court.
  4. Seems to be something here? - you not eligable for this? - theres a online enquiry form. http://www.north-ayrshire.gov.uk/CouncilAndGovernment/CouncilAndGovernmentGrants/HousingRenovationGrantForAPrivateProperty.aspx Failing that can you not auction the property (rather than a traditional sale)? The Council also have an advice line for C/Tax - I assume you have already called it? If not they should be able to tell you what discounts, if any, you are entitled to http://www.north-ayrshire.gov.uk/councilandgovernment/counciltax/counciltax-accountenquiriesandpayments.aspx
  5. Quite a long story that ultimatley boils down to 'Do I have to pay the last months rent?'. In answer to this, Yes you owe the last months rent if you where living at the property for that month and havent paid. Are you getting all the assistance etc that you are entitled to in terms of benifits etc? Why not visit CAB/post on the benifits forum page to find out? In terms of the months unpaid rent, your former LL may either let it go or ultimatley, take you to small claims. Your choices are either to ignore and wait for the Letter Before Action/Claims form (which might never come), offer your former LL a reduced lumpsum OR offer your LL a repayment schedule that you can afford.
  6. So there are damages? Have you seen photographic evidence? If there is and you have then who did the damage and why?!
  7. In a word Yes. Your LL can claim for anything he wants as long has he can justify and prove it. Is your argument you arent liable for the expenses because you didnt do the damage? OR you are not liable for the expenses beacuse the damages where missed on check out? If its the former then you will be able to defend against the claim and should do so, if its the later than you will likley owe the money if the LL can provide suffcient proof.
  8. How you choose to live in the property, if it isnt causing damage, is nothing to do with the LL/LA. Your requirements are only to ensure thatthe property is returned in the same condition, minas fair wear and tear, to when you moved in. As there is no check in inventory, your LL will find it difficult to prove the condition of the property when you moved in (it his for him to prove, not you). Before you move, make sure you sort the property out and take plenty of pictures to show the condition you have left it in. As the deposit is protected, you should use the scheme arbitration should your LL try and deduct money. You should insist that the gas is checked asap. The cost could be your life.
  9. Is your deposit one which should be protected? If so what TDS scheme is your deposit protected in? If in a scheme - Your LL will need to raise a claim via the TDS scheme arbitration, which you can then defend against. If not in a scheme but should be - You will need to tell your LL to protect the deposit and/or sue him in county court for not protecting the deposit. If not required to be in a scheme - You will have to take your LL to county court to claim the deposit back and/or your LL can take you to county court to claim anything you owe beyond the deposit.
  10. They dont have to be improved, just repaired. Common sense would dictate that they are improved in some way, for both your and the LL property protection. Unfortunatley common sense isnt an enforceable requirement. Make sure you use those bolts!! Why not buy one of those cheap 'shock' alarms that you can tape onto doors and windows, and they only go off if a shock hits them? Not ideal but a further deterant. Why not buy a padalock for the garden gate yourself? it isnt the LLs responsibility. Why not change the front door locks, if they are the easy to do ones? for your own piece of mind, again its not the LLs responsibility to do.
  11. 1) He cant charge for a brand new carpet; 2) You shouldnt be expected to pay for the repainting of the wall if its dirty beacuse of damp; 3) You can request to be present but they are under no obligation to allow it. Why dont you ring the particular TDS scheme up yourself and begin the process of reclaiming the depsoit rather than waiting for the landlord to do it at their lesiure?
  12. I think the point was did you have a copy, rather than can you get a copy. If you never had a copy then you have no way of abiding by its contents. Getting a copy from the LL now is pointless for this incident. Is the property now secure? ie is the door in a safe state? I think you need to write to the landlord stating: - You have taken further advice; - It is her responsibility under s.11 landlord and tenant act 1985 to ensure the exterior of the property is kept in good repair and is secure; - If the doors havent been secured by xx date, you will obtain x3 quotes and undetake word to secure the property yourself, which will then be deducted from the rent; - You arent willing to pay for the damage to the door as it wasnt your fault and the property was secure ie door was locked; - If she wishes to claim money from the deposit then she must use the TDS arbitration scheme and you will defend your position; and - if she wishes you to abide by any clauses in the tenancy agreement that refer to third pary documentation, then she must make copies of that documentation available to you of she wishes to rely on them in the future.
  13. I think this will ultimatley depend on whether or not it is a legal requirement for your LL to fit the new adaptor or just the recomendation (non-enforceable) of the other contractor you have decided to use ie in the same way that many properties are not upto the most currect building reg standards, however are not 'illegal'. If it is a leagal requirement then the adaptor should be fitted, if not, then I dont see how you can enforce the issue. Why not suggest to your LL you go 50/50?
  14. Assuming you have signed a single contract that makes you both joint and severally liable, I would be very surprised if the LL/LA gave you the December payment back. I would even go as far to suggest that they would be foolish to give it back, if I was you LL/LA I certainly wouldnt given the cirrcumstances. If they do refuse to give it you back, then your only option would be to take your ex-flat mate to small claims. You have no recourse against the LL/LA and no practical way of forcing them to give it back. For future reference, dont pay other peoples liabilities under forced to do do so.
  15. Bolts arent Locks. Seems to me that you have 100% complied with your obligations and this is down to the LL to pay for.
  16. No, she cant only claim it from the deposit - the deposit is there for post-tenancy dilapidations. Sorry MrShed, this statement is nonsense. By deffinition there can not be any 'post tenancy' delapidations. All delapidations and damage, such as this, occurs during the tenancy. This situation is just what the deposit is for.
  17. It will be the landlords responsibility to ensure the property is secure and pay for this in the first instance - s.11 landlord and tenant act 1985. If they wont do this then they are in breach of this statute. If they refuse to secure the property, you should follow the protocol for disrepair, get the property repaired yourself and deduct from the next rent payment. HOWEVER just because it is the landlords obligation to secure the property in the first instance, it might ultimatley not be their responsibility to pay for it, as you correctly state, that is what the depsoit it for. If you dont want to pay now, then dont. The LL options will be to wait until the end of your tenancy (which I suspect would be at the end of your current agreement) and claim out of the deposit. This will give you the option of contesting the charge via the particular TDS arbitration procedure. I trust you have a crime reference number? The clauses that Twinmum21 are nothing to do with this kind of situation, but instead refers to the unhabitability of the property as a result of a major fire/flood etc. In terms of Twinmum21 second clause under 'tenants obligations', I think this is pretty ropey. In order for this to be even remotley 'enforceable' I trust that Twinmum21 makes a copy of his landlord insurance policies terms and conditions available to all tenants with this clause? otherwise how is a tenant to know what 'may in any way affect the validity of the insurance of the property'? The above is the argument I would use with your current landlord if you have not a copy of their insurance policy terms and conditions. If you dont know his insurance policy requires all three locks to be used, otherwise the insurance will be invalid then this is an oversite on his part.
  18. You question is a little unclear - Rights with respect to what?: - Boiler servicing? - PAT testing? - Being in arrears? - Talking to the mortgage company? - The landlords mail being delievered to your house? - Something else?
  19. How long was it between you reporting the heating broken and the health visitor visit?
  20. To be honest I dont think that 'Estate Agent Today' (who?!) is the best source of inpartial information, Turkeys dont vote for christmas after all! 1) Court would be the only sure way! A good second best would be to ring the three TDS schemes and ask? 2) You should never ever serve something as important as notice via email. They dates are not rent payment dates but period of the tenancy dates (which may be different). Your one months notice should end on the same date in the month that your original fixed term came to an end. Failing that, as you have served via email, Im not sure what argument you have and you might just have to suck up the extra month and do it propaly next time. 3) You mean theres no inventory at all or just no 'professional' one? If its the former then it will make it much more difficult for you LL to make deductions. If its the later than it will be less difficult for your LL to make deductions.
  21. Writ of Fieri Facias I suspect you need to have a good google to find out more. Appears to be forms 53 to 63 on the Court website http://www.hmcourts-service.gov.uk/HMCSCourtFinder/FormFinder.do
  22. If your deposit was protected, why are you using the court rather than the depsoit arbitration procedure? - why couldnt you contest deductions made? - why can you contest them now? Does the Cheque you have recieved cover all of what you are claiming?
  23. I too have never heard of such a thing. How could a court possibly issue such a letter with no 'due process' or judgement, only knowing 1/2 the story? Does that mean I could go to my local court and ask them to send a letter to MrShed for £500 for 'services rendered'? . Is this not actually a solicitors letter? Please do post as you have suggested. For background, was the house in England/Wales and did she sign her own contract or did they all sign one together saying they would each be jointly and severally liable for rent/delapidations?
  24. Seems that you will still have to attend the hearing where the judge will make the decision. As the deadline for acknowledgement has been missed, the other side wont be allowed to submit anything now or speak at the hearing should they turn up.
  25. I think you are winding us up. This is beyond 'precious'. I suspect you will be receiving another document from your LL really soon, a s.21 notice, that you will have the opportunity to assess so fastidiously.
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