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Timster

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Everything posted by Timster

  1. The "damages" according to the landlord were that no viewings created a void period (how this can be quantified is beyond me considering the number of variables). Me quoting entitlement to "quiet enjoyment of the property" didn't wash with the adjudicator. I will have to agree with Damocles (reluctantly :o) that even though I have read widespread that my statutory rights overrule this particular tenancy clause, it is obviously no guarantee I wouldn't lose part of my deposit.
  2. The landlord only "acknowledged" my follow up which was not enough notice so I didn't know if they would claim for a rogue month (so yes, the notice was acknowledged by the landlord's wish to show viewings, but I was still never clear if it was "in time"). The unpaid rent was taken from the deposit and in fact the scheme acknowledged this so there was about £500 remainder in contention. I didn't dispute the unpaid rent, just the remainder. Their website says: "Unlike the formal legal system, schemes are not governed by ‘precedent’ in the same way as the Courts. Decisions are made by the Schemes on the principle of ‘balance of probability’. Decisions are made based on the submission of evidence from both parties." However, whatever they say, surely them quoting the tenancy clause without consideration to the enforceability of said clause is wrong?
  3. My Deposits has just awarded 2 weeks rent because I refused viewings. I've read in so many places the clause in the tenancy agreement was unenforceable (yet the adjudicator quoted it). Basically the landlord was a complete *** so I felt morally justified. I also refused to pay the last month's rent because the landlord didn't acknowledge my notice (as stipulated in the tenancy agreement). I just feel the adjudicator was being thoroughly lazy as they basically said "the remainder of the deposit goes to the landlord to compensate them for potential loss of earnings, I cannot adjudicate any further". Any advice from experienced members?
  4. Quick question. The prescribed information pack contains a page for landlord and tenant signature. What is proper practice with regards to this page? I currently print a copy of that page and have myself and the tenant sign both whereby I keep one of them. Seems a bit naff to do it this way. Any advice?
  5. By the way, thanks Flopsy. Much appreciated. I've now gone to two separate solicitors both of whom have said the case isn't complex enough for them to take on (eh?). Basically, the best chance is to compromise with the landlord.
  6. OK, the landlord is being "nice" trying to offer suggestions to remedy this without committing to anything, but nothing more. I guess I have no choice but to move in. Damocles / anyone - can I sue to have this agreement voided? Or is it just going to be for the cost of the power shower? Having just met my neighbour (who was complaining within 5 minutes of me testing the TV at normal volume), it just adds to another reason for me not to be moving here, but I don't want to lose my deposit etc.
  7. One thing about this Damocles - if I say I will take up occupation and sue assuming I don't get what I want, isn't this acknowledging I recognise a tenancy has been created and weaken my case? Or is suing for compensation just the cost of installing a power shower unit? Thanks
  8. Thanks Damocles. I think this was my 'next move'. Although the LL used the LA for finding me as a tenant, who would I be suing if it went that way? The LL or LA? The LL is managing the property. I've had initial correspondence with the LA, but since I started to get more into the dispute, the LL was corresponding with me. Also, I was thinking of offering a sweetner of say equivalent to 1 week's rent to encourage him to opt ending the agreement and refund me deposit etc. This was more a hedge against the effort of going through a small claims court than any expectation of limited success. Cheers!
  9. Flopsy - thank you for your quick and detailed reply. That would be very altruistic of you if you were to look up papers relating to your experience. It's much appreciated. Yes, I never seem to get used to the fact letting agents tend to be habitual liars. Smile to your face, get money, then middle finger. To me this is a deal breaker, but I fear I'm too late having signed the lease. Pyracantha - My offer to the landlord was a desperate measure on my part to get him to agree to installing the shower. When he said I should have checked, I replied that in an ideal world I would have, but if it wasn't for the fact there was so many things to consider, so little time that I relied on what I saw, what I read and what the agent told me. That to me I said should have been reasonable if everyone was honest. Good call on saving the listing, I hadn't discovered that option until you said it and had only snapshotted with print screen (which I knew I could be accused of altering).
  10. I signed a 12 month lease to rent a flat. The lease started a few days ago. However, I'm disappointed because the advert said it had a power shower (verbally corroborated by the letting agent when shown around), but now after visiting the property on day 1 of the tenancy, I discover it doesn't. There were a couple of other pre-conditions that were not met that I had in writing e.g. a professional clean which was either poor or didn't happen (the letting agent has admitted so far as to say "we had used a new contractor and it didn't work out"). I have refused to move in until all these issues are resolved. However, the landlord is very reluctant to honour the power shower installation and reckoned I should have verified this personally before signing the lease (and gave expected rhetoric about how no-one before me has complained before). So desperate as I am to have reasonable pressure, I have offered to pay half of the costs to install a unit. He is now saying he'll look into using a company he knows that can check if it's possible and maybe agree to splitting the cost. However, the stipulation being I move in first before such an event occurs. This to me translates: move in first and then I won't do anything. I offered to surrender the tenancy on condition of money I had paid would be refunded. This was on day 1. The offer was ignored. Ultimately, this is what I want because in my haste to secure a flat I didn't do my homework, but I fear that won't happen. All the above I have in emails and the link to the advert on RightMove still exists (the landlord does not dispute the wording of the advert). What are my options and how likely of succeeding? I realise posting on a forum is a risky way to do things, but I'd rather start here than pay a solicitor £££s to tell me "sorry, nothing you can do".
  11. Thanks for this. Are you sure I don't have to transfer ownership of the property to my wife as well?
  12. Hi - I will be shortly letting out my house as the current occupiers have decided to move on. Does anyone have any accounting experience which can explain what needs to be down to minimise giving the profit to Gordo's money drain by using my stay-at-home wife's tax allowance ? I will pre-empt any potential attacks. I'm not a buy-2-letter and I rent too (so I'm not entirely evil). Thanks.
  13. I heard they were going to rename bonuses "retention awards". Given everyone is sh1tting themselves about not being "retained", I take it no banker will be receiving one? Wishful thinking...
  14. Positive net immigration. (Will i get locked up for suggesting that?).
  15. Or another analogy is when both the Labour and Conservative party complain of political bias at the BBC. Oh wait, why are Labour complaining again?
  16. I suspect you would have a signed a separate agency agreement that stipulated the agency fees (including check out costs). Agencies are unlikely to rely on your ignorance about what they're allowed to charge, but rather slip the pieces of paper for you to sign proclaiming them an insignificant formality.
  17. I think you're right as that might explain why they charged me double interest the following month (i.e. I had purchased a similar amount the following month despite "clearing" all purchases). I will have to ride out the storm until I can clear the complete balance, although after phoning them, they've agreed to refund me the interest so far and lower the interest rate from 29.9% to 14.9%. I suppose I should be licking their boots for showing me mercy.
  18. Hi, Anyone got any experience/ideas on this? I borrowed 15K on a major credit card using the 0% promotional rate (ending feb next year). I've always used the credit card for purchases and this transfer wasn't for rate tart purposes, but more for paying Gordon Bottler back-dated tax my accountant stupidly failed to "account" for. Anyway, I continued making purchases and cleared the purchases portion in full after the first month. However, for a reason the idiots (smart people) at the credit card company can't explain in simple terms, I got charged 12 quid interest. The same thing happened this month but for 20 quid. If I'm clearing the amount I would have normally done to avoid interest, why are they charging me now? I will use a different card for purchases from now on, but it seems like they're shooting themselves in the foot as they will no longer benefit from the commission they would usually earn from the retailer. Cheers, Timster
  19. Hi, I let out my house. The 6 month tenancy comes to an end in just over a couple of months. Will I be obligated to continue paying the agent commission if I personally take over everything from submitting a new tenancy agreement to managing the rental payments if the tenants want to extend? At the moment I'm paying the agent 12% a month for basic management which had a nominal letting fee of £200 at the beginning. I recall there being an obligation to the previous agents when I let it out last year, but there is nothing in the current tenancy agreement stating I'm obligated to them. I just wondered if this has to be stated explicitly or is naturally part of contract law. Thanks
  20. Muttley, I admire your tenacity, but the system can be played by a cunning landlord. I'm fearful that my landlord will do the same, although I have no evidence to support this (gut feel because he's a cheapskate). I suspect the legal system is painfully slow for all types of civil cases (e.g. custody battles) and needs a serious overhaul. I mean, a court hearing to determine the next court hearing? How ridiculous is that!
  21. ARLA are wet behind the ears. They side with the estate agent and are frankly useless (as is the experience i've had with dealing with them). I believe, viewings as detailed in the TA are unenforceable terms. I've had similar hostility from EAs and that was when I just refused to accept viewings the same day as when they called (aside from the fact they just barged into our home without ANY notice when my wife was stepping out of the shower!). Just remind yourself every so often that there is a reason why EA is the most hated industry!
  22. The notice you give has to be at least one month and end on the last day before rent is due. I'm not aware of tenancy agreements (in your case, it would the original agreement before it turned into a rolling contract) that allow for tenants to quit halfway through a rental month even if you've given a complete month's notice, so I suspect the agent is correct. I invite other more informed individuals to critique my opinion.
  23. I wrote a letter to the EA and told them I would destroy their board if they did not remove it within 3 working days. I received a prompt letter stating they would charge me for damaging their property. Needless to say, they removed the sign quickly after. My experience has been that EAs like to assert their authority, but will toe the line if you push them
  24. Thanks for the opinions. I have done the "decent" thing and informed him of his mistake. As yet, I have not heard from him.
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