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About Nutter

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    HPC Newbie
  1. This is not advice but an observation... I think it is probable your previous landlord is about to be reposessed. It implies that the service and management charges have not been paid for however long your tenancy was. As these sorts of charges generally apply to lease hold properties, my guess is your ex landlord is in trouble with the building owners. If he doesnt come up with the money in time he could loose the lease... (which would trigger the mortgage company to step in) Mic
  2. Service and management fees should not be paid by tenants. they are bills that are incured by owning a property, not living in it. Would you accept a contract that requires you to pay the mortgage? Mic
  3. Its quite clear that even the guy thats a "solicitor" is not an expert. He was giving advice about someone renting out a house to 7+ people. Its clear the house should be covered under HMO rules and so the whole discussion was pointless as the seperate households cannot be on the same tenency agreement. Mic
  4. The reason why these clauses has been added is as follows: Clause 11.1 would allow the landlord to ask the court to evict you so that the landlord can live in the property as his principle residence. Clause 11.2 would allow the landlord to ask the court to evict you so that the landlord can sell the house. If you have a short term assured tenenacy agreement these clauses are nothing to worry about as all it means is that the landlord can give you two months notice to leave the property, and if you don't he can ask the courts to evict you on the grounds that he has served you notice beforehand that he may need the property back for these two reasons. If it was an Assured Tenancy Agreement, the landlord does not have the general right to give you two rental periods notice to ask you to leave, and then these types of clause become important. Mic
  5. Why not just ask the question, "What rent are they willing to accept?" Mic
  6. Landlords have a maintanence responsiblity on the property. The damage will be covered by the landlords insurance if they actually want to claim. Mic
  7. If your rent was weekly, it should show in the rent book what rent you have and have not paid. If your rent was monthly, use your bank records to show the cheques / standing order being paid. Read what damage he has documented for the £1300 worth of damage and dispute every detail you disagree with. Finally turn up at the small claims court on time. Mic
  8. I would be concerned in your situation. and the best advice i can give you is for you to say to the tenant that you have taken professional advice, and realised that you have made a mistake and refund the deposit in full and in addition treat them to a takeaway curry - and then cross your fingers. Why? Well, you entered into a contract stating that you were paying the money to the DPS and then you did not carry out your responsibilities under that contract. You are therefore liable for being sued for any loss the tenant has for you not fullfulling your part of the deal. Secondly with respect to the damage, you need to be able to prove in court that the damage was beyond reasonable wear and tear. Based on what you have said about no visible damge to the leather, you will not be able to do this. How can you prove that the damamge did not exist before the tenant moved in? Finally what loss have you actually suffered? Are you renting the place out with the same sofa for the same rent? For one year's total tenancy you can expect to find some wear and tear on your flat and the furniture. The minor level of this is consistant with reasonable wear and tear. Mic
  9. You personally? not sofar... However, the landlord / tenant relationship is not an equal relationship. The landlord typically has more power. When was the last time a tenant received a deposit to protect themselves incase the landlord did not do repairs in a timely maner? Over recent years there have been a large number of inexperienced unprofessional landlords. The essential qualification seemed to have been the ability to sign a mortgage aplication form (not even to fill it in accurately and honestly). The result has been a large number of landlords abusing imaginary powers, with tenants getting shafted... I take no pleasure in landlords being bankrupted by the current change in the market, but it a shame that professional landlords with several properties may well be the most exposed rather than the large numbers of ******wit landlords that have done so much damange over recent years.
  10. This is more or less the petition i created a few days ago... http://petitions.number10.gov.uk/protecthomes/ If people want to sign it they are welcome to. Mic
  11. Such behaviour is typical of bad tenants. As in life there are good landlords and bad ones. There are also good tenants and bad tenants. Mic
  12. I have seen several bits of very bad advice and "information" from people that do not know what they are talking about in enough detail for their advice to be anything other than dangerous. There are different types of contract available for renting. If you signed within the last 20 years it is probably a Short Term Assured Tenancy Agreement. Originally defined in the 1988 Housing Act, it has been modified since. So do not rely on wording in the 1988 act before going to court. Check to see what your contract says. The contract should say what sort of tenancy agreement it was trying to create. The following is based on assuming your contract is a Short term Assured Tenancy All Assured Tenancies have a minimum period duing which time both sides are commited to the tenenacy agreement. Either side can give notice to end this agreement at any time after the fixed minimum period. In the case of Short term Assured Tenenacy agreements, the landlord can end the agreement by giving two rental periods notice. The minium period can be between 3 months and 22 years. Setting minimum periods over 36 months involves additional procedures which i am not experienced enough to explain. It seems from your post that your minimum period was 6 months - which is quite common. If you are 2 months behind on your rent on the date the landlord gives you notice to take you to court for eviction under section 8, AND are also at least 2 months behind on the date of the court hearing, then the court MUST grant reposession to the landlord. No exceptions because of housing benefit delays, lost jobs etc.. you will be evicted a few weeks later. If your landlord tries to evict you for being behind or just persistantly late with your rent and you owe less than 2 months rent then the court has the ability to grant or deny the landlords request. If the court takes the view that you are being unreasonable then the court is far more likely to evict you. I have some serious concerns about the change of one of the tenants. In the past many shared houses avoided being classed as HMO's (Homes of Multiple Occupancy) by not putting locks on bedroom doors and having all tenants sign the same tenancy agreement. That loophole in HMO was closed a couple of years back. If the people living in the house are not living together as a single family unit and they also share common facilities such as a bathroom or a kitchen then the property is classed as an HMO. Are you related to the other tenant? Or you in a family style relationship with this person? If not, the flat you are renting is probably an HMO. My advice is to pay your rent, move and find a more clued up landlord. If you are concerned that he will not return your deposit and it was not paid into the deposit protection sheme, withhold your last months rent you protect yourself. Your life will be easier in the long run. If you have been paying council tax, raise the HMO issue with your local authority. If the local authority determine the address is an HMO (and it is there determination that matters) then your landlord may have to comply with local licensing rules on HMO's and face a fine for not having registered. However the important one for you is that HMO's landlords are responsible for council tax. That means the council will refund back to you all council tax you have paid, and send a new bill to the landlord. - regardless of what is written in your tenancy agreement.
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