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Everything posted by xela57

  1. Err... Letting fees are GOING to be banned.
  2. Have you considered what level of offer the landlord could make to you that you would accept and so not go to court? Looks like you have now agreed 1k for your damage to the property. So the remaining issue is the deposit... My understanding is the Judge has discretion between 1 and 3 times. So their offer of 2.5 times is the same as the judge making a 1.25 times order for BOTH tenancies and better than if the judge ordered only 1 times for BOTH tenancies... just saying! Anyway good luck!
  3. This resource may help you work out for yourself. (see disclaimer on the linked page) https://nearlylegal.co.uk/section-21-flowchart/
  4. It is has pros and cons either way. For example Pro: no nasty letting agent renewal fee Con: No fixed term just statutory notice period (I think 2 months). (There are probably other issues to consider and put in the pro or con camp too) But then you may consider the lack of a fixed term useful if you are intending to buy/move out etc... So only you can decide if it is to your advantage or not!
  5. Good resource here... (read the disclaimer on the page though!) https://nearlylegal.co.uk/section-21-flowchart/
  6. You are right to try and get clarity from the Landlord over what they claim from the deposit. The undisputed amount should then be released to you and then you can pursue the remainder. Good luck
  7. Good read and I like the "Rainbow" graph which overlays Price/Earnings info over the familiar Houseprice graph. Not seen that graph before and I think it is really informative. http://monevator.com/london-property-biggest-bubble-ever/
  8. Or if your mortgage lets you over pay just over pay a bit each month. If your mortgage interest rate is higher than your savings interest rate then this is more effective. But nice to build up a pot of emergency cash after clearing yourself out on deposit and furnishing etc. I overpay as a hedge against increasing interest rates.
  9. Hi, Read both threads. First thing is to check if you (or your husbands) work/union/club/insurance/any-other-affiliation has a free legal advice service... if so use it!! Citizens advice and http://www.lawcentres.org.uk are other sources of legal advice. And some solicitors my give you a short consultation free. Right now start thinking like a lawyer... Has your landlord given you a written break down of their claims agains your deposit? If not then in neutral language without admitting any liability ask for a written break down of the items that they are claiming agains the deposit. Now think about what the broken toilet lid is worth... get some facts/quotes for replacing the lid/whole toilet. Now you can consider making a proposed settlement for what you consider the fair value of the toilet lid. Write a recorded delivery letter to the landlord proposing the settlement and rejecting the other claims based on quotes from your tenancy agreement. Request the remaining amout be paid within a reasonable timeframe (7 to 14 days perhaps) and if payment is not forth coming state you will be seeking legal advice with the intention of taking the landlord to small claims court. That should focus their minds!! I'm not a lawyer... Seek proper advice... stay cool calm and collected and don't let them get away with YOUR money! Good luck!
  10. The most worrying quote is "We used the money to pay off our Mortgage"... Did I really hear that. They are using an equity release product to pay off their Mortgage??? Unless I'm missing something and Equity release product essentially IS a Mortgage.... No? Oh well fools and their money are easily parted!
  11. The lender may also increase the rate as a condition of the permission (if it is granted)... I think Nationwide for example adds 1% to the mortgage rate if get permission to let your property out.
  12. Key thing as you have already discovered is not to try and do it yourself as that way the money comes OUT of the ISA and then back IN to an ISA and counts against your annual subscription. If I were you I'd ask the bank/building society where you want to open the new cash ISA about how you do an ISA TRANSFER. Also you could ask your current stock+share ISA if they allow TRANSFERS OUT. I think the normal procedure is that you tell the NEW account to do the transfer on your behalf. Oh look I just found this: https://www.gov.uk/individual-savings-accounts/transferring-your-isa Good luck... I dare say a couple of phone calls will sort it!
  13. As I understand it the only person who can tell you to leave is a Judge. If the landlord applies to the court to evict you then if you can prove to the court that the S21 is invalid then the court will not evict you. As to who has the burden of proof I don't know.. but probably best to assume the more proof you have the better. This might help!?! http://nearlylegal.co.uk/2016/06/validity-section-21-notices-flow-chart/ If the Landlord wants you out you may want to start thinking about moving as it will just be a matter of time until the court orders you to move.... but if you are just playing for time then go for it. Good luck!
  14. So re-reading your post your main points seem to be: (1) Disinterested Letting Agent (2) Application/referencing process taking time (3) You have some concerns about the contract (re: gardeners and cats etc) before you have read the contract! Taking these in turn: (1) Just try and be polite, efficient, firm and fair. (2) Arguably you not sending the bank reference form back for 3 days has not helped... still maybe 2 contacts a week asking for a progress update and offering any assistance may help. Maybe one by email on say a tuesday and a follow up phone call on a thursday. When dealing with estate agents when buying a house I found they would ask if something had happened... then when I said yes they would ask when. Cheeky of them but you could turn the tables and use it on the Letting agent. Asking a followup question especially "when" i.e. time bound questions helps emphasis that you are keeping tabs on things without having to be impolite. Keep written notes of your phone calls.. dates times what was discussed etc. (3) Ask for a draft contract. When you have read the draft contract you can discuss any remaining issues. If you are renting the garden and are not contracted to give the gardner access to the back garden then you don't have to (I am not a lawer!). Try to avoid agreeing verbally to letting the gardner have access if you don't want to give them access. As for the cats if the contract says no pets then get the term amended. If that means drawing a line through it initialling and getting the letting agent to initial (if they are also the landlords signatory) before you sign on the dotted line then so be it. Anyway good luck and don't let the b*****ds get you down! Let us know how it goes!
  15. The real question is who is selling these loans to the countries children. OK so they may be 18 when they GO to university but they are 17 when the decide to apply and presumably that is when the loans are marketed/sold to them... Are teachers not regulated by the FCA (or whatever they are called this week)? ... No Who else is advising these *children* about taking on a student loan? I can't even buy a car for cash without signing FCA disclaimers... and yet children are taking on HUGE student loans without (as far as I know) the FCA being involved. That can't be right!?!
  16. Seems like he had a mortgage for 110k 10.5 years ago and now owes 100k... Hmmm... that can't be right??? Or at least it can't have been a standard 25 year re-payment mortgage! The phrase "Cut your coat accoutring to your cloth" springs to mind!
  17. Remember your contract is with the Landlord. The Landlord has to ensure the deposit is protected and the landlord who has to repay the deposit when you leave. A change of agent should be straightforward as far as you as a tenant is concerned and should not affect the terms of the contract as they are not a party to the contract. That is my understanding of things... I am not a lawyer etc! Good luck
  18. If you are a joint tenant read this page: http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies Under the heading "Ending a joint tenancy: when one person leaves" it says: "If you have a periodic tenancy, or the fixed-term has ended and your tenancy has not been renewed, one tenant can end the whole tenancy and does not need the agreement of the other joint tenants. The landlord must be given a valid written notice and there are special rules about how and when this must be done."
  19. http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/joint_tenancies
  20. For mis-delivered letters I write on the envelope and put back in a postbox: "Not Known At This Address: Return To Sender" Although check your rental contract incase you are contracted to forward such mail!
  21. My understanding is that is a landlord tries to force his way in then that is a criminal act and so the police are exactly the people to call!
  22. If you are resident outside the UK I think you are obliged to have an agent who is resident in the UK. I think the logic is that tenants needs a UK address to serve the landlord notice. You will need to check that though. Sounds like you need to stop using your existing bunch of jokers though!
  23. So sounds like you are now on a statutory periodic AST. My understanding is that the landlord can increase the rent if you mutually agree, or give you notice of a rent increase on a section13 notice. My understanding is that if you pay the increased rent that is seen as you agreeing to it... so if you don't agree don't pay it! Was the letter you received a section 13 notice? My understanding is that the section 13 notice should set out your options including your right of referral to a Rent Assessment Committee. My understanding is that a landlord can only issue one section 13 notice per year: i.e. only force 1 rent increase a year. Of course if you don't agree to a rent increase they can issue a section 21 notice for you to leave... Best of luck
  24. Do you mean this consultation? https://www.gov.uk/government/consultations/the-financial-policy-committees-housing-market-tools
  25. One to listen out for this coming wednesday: http://www.bbc.co.uk/programmes/b04lsmhj
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