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Rozza

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Everything posted by Rozza

  1. They cant force you to use that supplier, that was made illegal ages ago I agree, tell them you want it in writing (saves hassle) and that they are not to hand over your details to the company Then sort your own supply out
  2. I agree, if you work all your life and save then basically you have paid into the system and are entitled to the square root of f##k all If however you dont work or havent saved and squandered your money, then its a case of "here have some cash" There is something really wrong in this country with how benefits are handled, its setup to reward non effort
  3. Thats an amazing amount of words to fail to come up with an anywhere near correct answer frankly! Taking your example of the door, If the door is half rotten and falls off, the tenant could quite easily argue this was bound to happen, there are very few people out there who would take the view the tenant has to replace the door. A new door would amount to betterment, therefore... not allowed (it really is that simple im afraid) You have taken a quite simple matter, which even several landlords groups and the TDS agree on, namely that without an inventory the landlord will find it nigh on impossible (but as i stated above there is always a very slight change) of clamining damages unless anything extraordinary happens.
  4. Erm, that isnt the tenants obligation in any way shape or form. As often the tenancy agreement states things like professionally cleaned which have already been proven to be an unfair contract term, and also the tenancy agreement may state a condition which would amount to betterment compared to move in state, also not allowed The tenants obligation is to return the property in a similar state to that encountered during move in, accounting for fair wear and tear. However with an absence of an inventory the landlord will find it extremenly difficult to prove the state during move in, which is the key point. As i pointed out (obviously tongue in cheek regarding setting the place on fire) so long as nothing extreme is damaged, I'm not saying this is always the case, there are always exceptions. however a statement from the TDS is below Mike Morgan – Acting Head of Adjudications states: “The absence of an inventory is problematic and they are vital in enabling us to compare the condition of the property at the start and at the end of a tenancy. Without an inventory TDS are normally unable to make any award to the landlord.” The easiest thing for everyone is to have an independant inventory agreed by both parties, but if a landlord wants to not bother with this, then thats the risk they take, there is a risk to the tenant of course (as in any agreement) but this will be extremely low compared to the risk the landlord takes Also, see http://www.rla.org.uk/landlord/tenancy_deposits/tds-Inventories.shtml Specifically - "What happens when you don't have an Inventory?"
  5. No inventory = no claim for damages, the tds or a judge would look to an inventory signed by both parties as agreement as to condition on move in, without this you can pretty much say "it was like that when I moved in" to most things, obviously short of setting the place on fire
  6. Re cleaning, you can ignore that without a doubt Re contract, I dont understand what you mean about another 6 month contract ending in july. Are you saying he has already signed (in jan) for a 6 month contract (end of jan - end of jul)? Also, re fees, bit late but hes never HAD to sign a renew, could simply have told them to sod off and gone onto a periodic tenancy Hope this is some help, if you are able to explain the jan/july thing a bit more we might be able to help a bit more
  7. This could become amusing. Effectively the agent is the contracted by both parties in the sale. Therefore when the property has a problem found after completion and the buyer wants someone to sue it wouldn't surprise me if the agent is a viable target. Given the buyer has paid them a fee they should be able to expect the agent to have verified the property
  8. Good, hopefully they will go down the TDS route as the law states the TDS cannot make deductions for any fees. So as soon as they submit that deduction you dispute it and they will lose So they would be the ones having to go to court ;-)
  9. Fairly simple answers to their rubbish -------- As you can understand our procedures, to renew a contract whether for 6/12 months or periodic a charge of £89.50 + VAT is required. You have signed the contract and the charges for additional services. Please pay the renewal fees as soon as possible otherwise you will be breached. -------- 1. You are not renewing anything, it is a new type of tens cy which has arose 2. This is the most important one... They aren't providing you any service therefore they cannot charge. The work to ascertain what type of tenancy is not the tenants problem. The fee is a renewal fee amd you have not renewed. I would suggest doing one of 2 things. Either Tell them you will not be paying the fee as it is a renewal fee and you have not renewed. It has already been proved to be An unfair contact term, so the worst they can do to you is try to take you to court, where they wil loss. Or get the landlord to give you notice (would be a very stupid landlord to do that) Or Stop answering them, ignore the requests and frankly there is bugger all they can do about it All the best whatever u do and do keep the updates coming
  10. Rozza

    Sold

    So your house was on sale for less than 1/2 an hour and within 2 hours of the offer you are able to check that some people you dont know have the money to afford it and then post about it on a forum Doubt many people are going to believe this
  11. If this was bookface I would be pressing 'like' right about now, but it isn't so I shall simply say 'here here' :-)
  12. Its quite simple, legally a fee is only allowable when you perform a service of some form. If the tenancy rolls onto a periodic then no service has been performed therefore no fee is allowable So politely tell them to shove it, safe in the knowledge there is bugger all they can do about it.
  13. This is correct, A company I used to work for moved offices a few years ago and we moved into the floors above a well known charity (wont mention the name but we were based in farringdon so you can find out if you wish) and the charity organised a meet and great in their offices When we went down to meet them its fair to say everyone i worked with was fairly shocked at the offices they had, being a charity i think we expected a bit of a ramshackle office with a variety of older machines and such like. However what we walked into was the complete opposite, it was like the office of a new media company, the latest and greatest of everything in fact it wouldnt be unfair to use the words plush or luxury to describe it. Since then ive stopped donating to large charities as i think its disgusting where they spend the money
  14. Do you have a year long AST? If so is there a break clause in it? Other than that as the landlord wants to move back in, i assume he is looking to issue a section 8 notice rather than section 21, this being the case does your tenancy agreement specifically mention he may wish to retake possesion in order to move back in? Depending on the answers to this hopefully we may be able to help further
  15. There isnt one catch all rule, but you would be pretty safe to assume anything that is long term can be safely ignored, repairs is really for anything which could cause the actual property to be unsafe or unhabitable (broken boiler, water pipe etc) - so structural stuff mostly From what you have said so far, he basically wants to refurbish, and you can (and by the sounds of it should) tell him to get stuffed. If he had been reasonable about it i might say otherwise but he wants to have his cake and eat it
  16. I will tell you what happens when the landlord says "tough, the work has to be done and I'm coming next week" you say "no you aren't and as the legal occupier i am informing you that if i find you in my property without permission I am going to call the police" He basically has ZERO rights to do this work, he can arrange a mutually acceptable time to make repairs but you can just make sure no time is acceptable to you, given it doesn't sound like he has done anything with the place for years and you haven't highlighted a problem hes got no reason to say they are needed Refuse access!! Don't even bother worrying about the right to quiet enjoyment, you are the legal occupier, you have the legal right to refuse access to anyone other than a legally appointed officer (e.g a policeman) and even then they need permission from higher up to force access
  17. It comes down to what are you going to get out of signing a new contract, as i can see it the answer is nothing. If the landlord wants you out they need to give 2 months notice, if they try to raise the rent you can say no and they give you notice, so this is a minimum of 2.5 months from now In reality, thats not going to happen, as they would have to get you out and then get another tenant in on a fixed term contract to satisy the mortgage, If they attempt this then deny them all viewings thus causing them pain back. The only reason i can see why you would sign the contract would be for massively reduced rent, basically they are asking you for a favour, a favour which could be to your detriment. so my advice would be either say no or say "make it worth my while" and if they refuse to lower the rent (and im not talking £50 a month off) then refuse to sign a new contract and make them give notice
  18. Any paper will do, probably they will have a form they will fill in, but otherwise any a4 what you want is something confirming the state of the property along with signatures (theirs and yours), what it is on is irrelevant As to the email, cant hurt
  19. Simple, get them to write the checkout condition on a piece of paper and sign it.. make sure you have a copy and dont accept any "we will send you one later". you want one there and then!
  20. Ok now i know what it is i can tell you what it is not it is NOT important Its the EA trying to get some more fees, the only way the landlord can evict you via the section 21 is via a court order, this is simply the agent trying to extract a fee Simplest thing to do is ignore it
  21. We used to get these every 6 months or so from our EA despite being on a periodic I ignored them until the day i gave notice. Depends on the wording, is it formally giving you notice or just "your tenancy will expire on date x, to renew for your security... yada yada... you must pay us..."?
  22. Simply dont mention the dog, theres no reason to, the reason is as follows Unless the landlord is a professional, the contract will probably be a standard EA contract drafted from their standard template which is quite likely to include a "no pets clause" These clauses have already been deemed unfair contract terms, so you can quite happily ignore them See here unless dogs are specifically mentioned (unlikely)
  23. You do realise that if Scotland splits the wont just get all of north sea oil, given the uk paid out for the infrastructure it will be split up. I'm all for Scotland going their own way, best of luck to them. Problem is any scots I speak to seem to think they can keep all the oil, use the pound, walk away from the debt and keep subsidies too.. And it simply isn't going to work like that is it More likely they will have a percentage of the oil, have to use the euro, won't get auto entry anyway and will have a large debt, so as a small country (not that the uk is very large anyway) they will be fracked
  24. Given us the chance to stop subsidising the scots
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