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Matt Henson

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Everything posted by Matt Henson

  1. So it would appear I am wrong about the 365 days but L needs to serve a section 13 notice and give you a full months notice of rent rises and they CANNOT stipulate anything other than one months notice to you, so ignore that
  2. Have you signed a new AST or as the letter suggested have you just automatically entered a statatory period tenancy? I am sure that is the case There are two statatory errors in this letter if that is the case assuming you live in England or Wales (you login may be a clue ) 1) The landlord needs to follow a legal process to increase the rent using a section 13 notice giving you two months to decide if you want to accept the rent rise or leave 2) The landlord cannot allow you to sign away your statatory right to provide a full months notice to leave. Please ignore the notice request, it would be polite to do so but you have no legal obligation to do so, and ensure the follow the section 13 notice process which incidentally, thet cannot use until 365 days after the fixed term of the last contract expires. Register on landlordzone.co.uk and ask the same question (post letter) there are more experts (real solicitors) over there to validate my statement
  3. Planner, should L not envoke the break clause and issue a S21( similtaneously as the breakclause has brought about the end of the fixed term. I am thinking an s21 alone simply requires T to leave at the end of the contractual term. Assumes L did not send a cover letter evoking the BC Also is the S21 not invalid as it needs to expire after the full two month notice i.e.after the 9th and not the 7th
  4. The landlord cannot give up his responsibility for repairs under section 11 of the 1985 Landlord tenant act, you need to contact your local environmental health officer and get them to issue and enforcement order. L should also be fines for even asking you to get a gas safety cert. Throw the book at L, this is not fair and you are being taken advantage of
  5. I now agree I misread the orignal post, by moving in the LL has accepted that the tenancy was terminated on the 14th
  6. If you live in a big old house I think you have to accept small furry beasties as part of the territory, I have always lived in old placed and just learnt to ignore them... shooting the rats is good fun though!!!
  7. Sadly unless you both agreed a "surrender of tenancy" in writing you are most definitely liable for the remain rent. There is nothing stopping you from leaving early but it does not mean you still owe rent
  8. I have to say but think your self lucky you are on Gas, I live in a 4 bed rural house on Oil and have spent £940 on two loads of oil since December which will last until the middle of April I guess. The first delivery was OK at 38p a litre but the oil companies profiteered during the big freeze and as we only had a 1250 liter oil tank we needed to buy a refil at 52p per litre... ouch To Porca... me thinks you were either making up for an over estimate or have a whoping bill coming your way, £38 for three months would not even cover the cost of heating hot water for three months
  9. You simply need to use the argument that fee has to cover work done, where no work is done (as in this case) it is a penalty and penalties are deemed unenforceable. There is no change to the contract, it automatically reverts to an SPT
  10. The LL is required to provide a name and address for notices by law (section 48 1987 LTA) and providing you are sending letters to this address you are meeting your side of bargain. The rest is his problem and set off is a perfectly legal was to solve the problem
  11. You are right the current contract is between you and LL and remains in force and so a new one is not required The LL is required to provide details of the deposit scheme/insurance within 14 days, if not they are in breach and you can apply for 3x penalty (although I imagine the documents will appear sharpish if you start that action) Regardless of the new LA the inventory vs. your photo's is what the TDS folks will be use to assign proof of damage if any I would just ignore this bunch of idiots, you have a contract, an inventory and photo's, you just need proof that the deposit is protected
  12. It is utter rubbish, just ignore but make sure there is not an SOD S21 in place (check to see there is no section 21 notice given with the AST) the TDS scheme would not allow them to take such as fee from the deposit, very unfair, if the agent is a member of ARLA report them. If they try and make the deduction just dispute it.
  13. They can ask for 2 months notice it but it is totally unenforceable, you can not sign away your statatory rights to 1 months notice, it would be polite to give the LL the two months if you can but you are not obligued to give it. remember the one months notice has to be given on or before the day in the month the contract originally started. LA's can be such knobs
  14. What day in the month are you supposed to pay rent and when did he tell you he wants the house back Even with out a contract you are protected by a statatory tenancy which means the LL must give you two months notice on or before the day of the month the tenancy started and that needs to come in the form of a section 21 notice. He must also provide a rent book if you pay cash Did you pay a deposit? when did you move in? Either way it sounds like he is on thin ice, particularly if you paid a deposit
  15. It would be rather hard to wire a live plug unless you left it plugged in.... that said I wouldn't put it past the 99% of the UK "I can't take any responsibility for my own actions" population (present company excepted of course) to do that
  16. Sounds plain stupid, I bet the washing machine came from another property where it was wired in to a fuse point and the idiot who fitted it only had a plug cut off another appliance with perminent flex attached. You have two options, hassle the LL/LA which is absolutely your right to do so and not use the washing machine and all the inconvenience that go with that, as well as all the phone calls etc. Or if they don't deal with it ASAP, pop down to the nearest hardware store, buy a plug for 99p and put it on the flex as every person in the modern world should be able to do. The brown wire is live, the blue is neutral and the green/yellow is the earth, see the following http://www.ultimatehandyman.co.uk/elec_HOW_TO_WIRE_A_PLUG.htm Trust me it is very simple and whilst it shouldn't be your job you may find it is the easiest, quickest and most satisfying way to solve the problem. Power to the people!!!!
  17. You need to check your tenancy agreement, most AST's make the tenant responsible for blockages of the drains unless it is found to be caused by damage to the drain which is covered by Section 11 of the 1985 LTA I would call for a drainage company ASAP, get he drain cleared and then get their view of the problem, it might just be an accumulation of solids over a period of time, if the drain is damaged get a refund from the LL and get the LL to fix the drain, his insurance will cover it. Do you know why the drain may be blocked
  18. I certainly believe LA should have a formal regsitration scheme not just a group like ARLA and be obligued to check a LL is authorised to let their property and be referenced check to ensure they can meet the term of the contract, just like tenants That way as a tenant you can have the same confidence you would say if you bought a car dealer rather than direct from the owner I am fortunate in that my bosses brother works for BBC political news team and wants to pick up the story, frankly I would hope they go after Carter Jonas and trash their brand a little, the LL is just a pratt stuck in the headlights of debt it is the LA that has p*ssed me off
  19. I was shocked too, complete nightmare never beleive anybody. I would carry on paying the rent going forward but keep the two months in the bank until they 1) ask for it and 2) confirm that your deposit is secure Have you renewed the contract in recent years or are you on a periodic tenancy?
  20. No it needs to state the name of the landlord and the address where notices can be sent, i would however under the circumstances just the pay the rent as advised, they are only trying to do a job on behalf of the estate
  21. Having posted on this forum for several years now and seen all sorts of woes some justified and some quite pathetic, I now find myself wishing I had taken some of the advice offered. In October my wife and I decided to move, we found a lovely house in the Wiltshire countryside and met the landlord who said they were moving to be near his mother because she was getting old. The house was also on the market for sale so we thought this sounded like a long term arrangement and so could be a house we could rent for 3-4 years which is what we wanted. Moving in day comes and we get the house in a bit of mess with bags of rubbish left lying around which was annoying and only one key (the house has 4 external doors). We have a few issues like a shower pump not working/ getting hot and the LL doesn't seem to care much, of course being the mug I fix it myself because me general experience of LL's is they take ages to solve issues. So last Saturday lots of his post falls through the letter box (no re-direct of course) and my lovely three year old daughter (I have 4 kids) rips open a big envelope of his, it was from a solicitor acting on behalf of the Natwest providing a hearing date to get a repossession order!!! So two months into a tenancy, LL signs a 12 month AST knowing repossession action is in progress after two years of negotiations and of course the bank don't even know we exist. Rights, oooh.... Zero, as least if it’s an BTL mortgage they have to honour the fix six months. What upsets me was he had no plan to tell us about this. Also did a land registry search and found a "charging order " against the property, in other words a bankruptcy court has awarded a charging order against the house to secure a debt. So having seen lots of advice on this site to ask for written confirmation from the LL that the lender has authorized the property to be let (preferably under a proper BTL mortgage) and to do a land registry check, I can absolutely say that you must must do it. My guess is now we know and have told the lender we exist we have about 6-8 weeks before we have to get out. If we didn't know the chances are the first we would know was when the bailiffs showed up. The risk of this happening is very real as I have found out and to make matters worse the LA didn’t give a damn (they are a national chain as well) me thinks I should get the papers involved.
  22. Having posted on this forum for several years now and seen all sorts of woes some justified and some quite pathetic, I now find myself wishing I had taken some of the advice offered. In October my wife and I decided to move, we found a lovely house in the Wiltshire countryside and met the landlord who said they were moving to be near his mother because she was getting old. The house was also on the market for sale so we thought this sounded like a long term arrangement and so could be a house we could rent for 3-4 years which is what we wanted. Moving in day comes and we get the house in a bit of mess with bags of rubbish left lying around which was annoying and only one key (the house has 4 external doors). We have a few issues like a shower pump not working/ getting hot and the LL doesn't seem to care much, of course being the mug I fix it myself because me general experience of LL's is they take ages to solve issues. So last Saturday lots of his post falls through the letter box (no re-direct of course) and my lovely three year old daughter (I have 4 kids) rips open a big envelope of his, it was from a solicitor acting on behalf of the Natwest providing a hearing date to get a repossession order!!! So two months into a tenancy, LL signs a 12 month AST knowing repossession action is in progress after two years of negotiations and of course the bank don't even know we exist. Rights, oooh.... Zero, as least if it’s an BTL mortgage they have to honour the fix six months. What upsets me was he had no plan to tell us about this. Also did a land registry search and found a "charging order " against the property, in other words a bankruptcy court has awarded a charging order against the house to secure a debt. So having seen lots of advice on this site to ask for written confirmation from the LL that the lender has authorized the property to be let (preferably under a proper BTL mortgage) and to do a land registry check, I can absolutely say that you must must do it. My guess is now we know and have told the lender we exist we have about 6-8 weeks before we have to get out. If we didn't know the chances are the first we would know was when the bailiffs showed up. The risk of this happening is very real as I have found out and to make matters worse the LA didn’t give a damn (they are a national chain as well) me thinks I should get the papers involved.
  23. It was the first bit of photo ID I had to hand...
  24. The LL won't care, it the LA that cares, they will pocket somewhere near 9% of the annual rent if you renew, call their bluff and only sign if they actually send you an S21 as the it is the LL not the LA that has to issue it. Also write directly the LL as their details are in the contract. An extension is always a completely new contract anyway so yes you can end an SPT by signing a new contract
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