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LettingsLady

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Everything posted by LettingsLady

  1. Yes they want to know if rent has always been paid on time/any arrears/good tenant etc. Letting agents dont hold current Experian information as this would be a breach of Data Protection and they also don't know whether utility bills are up to date so this is definitely bull. I'm surprised that they would say that really. As for your last point I suppose it would depend on how much they charge!!
  2. Your first email was fine and I wouldn't have even replied to the second one. The solicitors must be idiots as to all intents and purposes the letting agent IS the landlord especially as they didn't put the landlords address on your agreement (although to be fair it wasn't common 5 years ago). It is a legal requirement for the letting agent to provide you with the landlords address should this be requested by you. You have done your duty and I wouldn't waste any more time on it. It's also a requirement of any mortgage that any ground rents are paid up to date. If he's simply forgotten then the agent will remind him but if he's trying to avoid paying it then they'll catch up with him. It's all a waste of time and paper really as the solicitors bill will probably be bigger than the ground rent.
  3. Most agents charge for a written reference but not for a verbal reference. One reference for both of you is sufficient. Have you kept your bank statements to show that you have paid your rent for the last 6 months? This might be an acceptable alternative to Homelet. Most agents also charge renewal fees for doing a new fixed term contract but shouldn't be charging fees where no work is invloved i.e reversion to periodic. We don't charge tenants for this as there is no work involved.
  4. Some people are just so rude!! Even if they 'forgot' to advise the DEA then that behaviour is unacceptable and definitely interfering with your quiet enjoyment. I agree with the other comments but wonder why they are doing an EPC. Are you leaving the property or are they putting it up for sale? Just curious and interested to know what goes on in other places.
  5. Is it really any wonder that some LL's won't accept pets!! In my experience those that don't take pets (not many that don't in my office BTW) don't have a problem with the pets - just the owners. Is it really too much to expect for a responsible pet owner to deflea the house and clean the carpets for the benefit of the next tenant that may not have pets? We don't take dogs where the dog is home alone all day. We don't take cats on busy main roads. None of my business I know but go figure. If LL's are such parasites then just don't rent.
  6. It is out of order (pardon the pun) for there to be no cooker in an unfurnished property let alone a furnished one!! It may have been condemned only recently with a new one on order but they should have let you know and given you the choice as to whether you move in or not. It's totally unacceptable and you need to write on the inventory that the cooker has been removed since your viewing and keep a copy before you hand it back. Ring them every day until a cooker is installed and inform them that you won't be paying rent for each day you are without a cooker. Has the tenancy actually commenced yet?
  7. That did used to be easier said than done though! In 1998 my mum and my stepdad who have now been together for 32 years asked if they should get married for financial reasons and I said 'yes'. They would then benefit from spouses pension (it's changed for the better now) and married couples allowance. As soon as they got married the married couples allowance was abolished in 1999 - ha - so much for that advice.
  8. I think the TDS is working too .....and for both parties. I've just come back from sunny (not) Wales to find a TDS conclusion waiting for me. The tenant was offered the opportunity to clean the filthy house and return one room back to a neutral colour - and then she offered £50 to the LL. The LL refused and it went to TDS (still a bit slow) and the tenant had to pay £168 in addition to the £50. The moral of this story is that I suggested that the tenant increase her offer as the house really was filthy (detailed inventory) and one room a garish colour. She refused - but the LL would have accepted £150!! Congratulations - hope it went well.
  9. The only reason I ask for the tenants forwarding address is so that I can return the deposits (TDS) so can think of no other reason if it's DPS. Although to be fair I also send any stray post on too.
  10. +1 I wouldn't be able to resist out finding out exactly what he's up to. ........I would have to tell him that I worked for the fraud squad too! Seriously though if you have the time (and can be bothered) I would just check the ownership of the property from the land registry website first. Get his name - say you are interested and try and get a phone number to ring him back as you've one other to view. Then ring him and ask for his bank details as BACS payments are now instant and therefore the same as cash. Give a false name and then report him to the police. Sounds very dodgy to me.
  11. Good for you. He's very lucky that you're not going for the compensation claim!!!!!!!!!!!!!!!!!!!!!
  12. These scores should be fine for lettings. 545 is deemed to be a poor score and the average score seems to be about 800. The worst case scenario would be a guarantor but in my opinion I don't think you'll have a problem. If you are still doubtful then I would ask your letting agent for their specific criteria in respect of this as it should be set out by their referencing company (if they use one).
  13. That depends how good the LA/landlord is!! If they're doing their job properly then that just won't work. We never 'stole' bonds before TDS and nor have we done so since. A good inventory should be clear and precise about the state of cleanliness when the tenant moves in. If the property is not clean on check-out I give the tenant an opportunity to clean it (fair deal since the tenancy has ended and tenant has moved out) and if they don't do it then they get billed for the cleaning. Proper account is taken of wear or tear and we are quite generous BUT we do go to the TDS and the TDS takes a very fair view where there is inventory or photo or video evidence. So I'm sorry if you've been shafted before but your advice is SO wrong and I hope people on here take it with a pinch of salt. Of course it's cheaper to clean yourself than get someone in.
  14. Ha ha. Silly old moo. Yes it's the landlords responsibility to fix it. It's his property that's falling into disrepair externally and in his interest to sort it out before you get penetrating damp and then he'll need to redecorate too.
  15. Even 'no sale no fee' agents are able to charge a fee in this situation. I would charge them a fee, then withdraw the property from my books and then find the OP a better house. In my (long) experience if people can play such a dirty trick then something bad will happen to them. Greed is very destructive. They should at least have the decency to refund your fees. Surely they can cover £1000 if they are going to make so much more (not)!!
  16. Good for you - I missed this post but I'm glad you pursued them. It can be really frustrating when you don't know what to do next. I've been a mortgage broker for ever and the B & W are quirky and awkward. When I was just married to my OH quite some years ago I applied to the B & W for a remortgage. The existing property and mortgage were still in my name. I passed all the credit checks etc. and then the underwriter asked why my husband wasn't going on the mortgage and subsequently declined the application. I went ballistic on the basis that my credit score was very high, my mortgage well conducted, my income enough to cover etc. I asked them to put it in writing as I intended to take it (much) further. On the basis of discrimination against married couples and everything else I could think of not least the legal costs and delays of adding another name!! They backed down after just 48 hours because they were wrong. Unfortunately some lenders think they can do exactly as they like but they really can't - they have to treat customers fairly.
  17. I thought the poster was saying that the LL had put a clause in to say that they might move back in. We only put that clause in where the LL has previously lived in the house as their main residence. This is fairly prevalent right now with the number of 'reluctant' LL's renting out their former home because they can't sell. What I meant was (as no one I know has ever needed or wanted to reclaim their previous home) assuming that this possible ground 1 has been quoted in a letter or tenancy agreement at the start then are you saying that the LL can't apply to the court under Ground 1? If that's the case (and I thought they could give 2 months notice within the agreement if they wanted to get the house back and it was then up to the judge) what is the point of it? How (in practice) does a LL enforce the ground 1 with the court - if you know what I mean? Is it NOT a S.8 notice under Ground 1?
  18. Good advice. I agree with everything that's said here!! The only thing that I would add is that he might be trying it on as none of the correspondence seems to be coming from the Court or a solicitor. If you send him a letter setting out your side of the story as suggested and then wait and see if he takes further action. Make sure you explain that you had no choice but to leave because of the condition of the property. You'll soon find out if he's calling your bluff. You can always make him an offer of 1, 2 or 3 months rent later when you know if he's going through the legal channels!! Hopefully you've kept a copy of all correspondence. Did you take any photos of the property that you can use in your defence?
  19. I think it's right to play safe because it is still a new contract and so the deposit should be protected. Painsmith deal with our legal side and effectively write our agreements and so they say we need to put renewals into TDS although interestingly enough not periodic renewals. The case I'd read about was on Painsmiths blog and so you are right about it not being binding (yet): 'A recent judgement in Clerkenwell & Shoreditch County Court has clarified another issue relating to Tenancy Deposit Protection. HHJ Cryan has indicated that as far as he is concerned a deposit taken for a tenancy which began prior to the intorduction of TDP on 6 April 2007 does not have to be protected but that when the tenancy is renewed the deposit is, in effect, taken again and must therefore be protected from that point. This was a well accepted interpretation of the position but it is nice to see confirmation. It must of course be noted that this decision is not one of record and is not, therefore binding on other Courts. Unfortunately, this opens up another possible problem. It is widely believed that a tenancy that becomes periodic under the aegis of s5 Housing Act 1988 does not need its deposit protecting. However, s5 states that the periodic tenancy is arises immediately the fixed term tenancy ends and it therefore seems to be the case that this is a new tenancy just as much as any renewed tenancy. One wonders when this point will be raised and what the outcome will be. In the meantime the rule must be that if there is any doubt then the deposit should be protected'
  20. +1 As long as the information is used for purpose and is kept only as long as needed there is no problem with Data Protection.
  21. We give free rent guarantee too but not to 'let only' landlords. I'm in West Yorkshire. It's well worth you doing the ARLA/NAEA technical award IMO even if you don't join just yet.
  22. But hasn't the LL notified him/her that he might do that and drawn attention to it? What is the point of the ground 1 then? In what form would they apply to the Court for this? We have only ever evicted for arrears and anti social behaviour. A S.21 is much easier when a landlord wants the property back.
  23. The landlord has no chance whatsoever if there was no inventory or video or photographic evidence. If the deposit is held in TDS then they won't even consider his case without evidence and so there would be no need to withhold the rent and doing so might affect your credit rating.
  24. But the OP did say that there was 'something wrong with the guarantor'. If the LL had just changed their mind then yes I would agree with you and as the LL would have had a verbal contract then the referencing fees would usually have been met by the LL. My contract with the LL insists that they refund fees but only where the LL changes their mind about renting the property.
  25. But isn't lulu referring to a Section 8 notice? If it's correctly served then the court can agree to an eviction within the fixed term.
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