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Everything posted by MrShed

  1. No, just withhold it. It isn't technically "legally acceptable", but as long as you make it clear that you will pay for any damages, then the landlord is not out of pocket, so any claim against you would fail.
  2. Wouldn't get a CCJ as long as he countersues for the deposit.
  3. Wouldn't get a CCJ as long as he countersues for the rent. Wouldn't get a CCJ as long as he countersues for the deposit.
  4. If I were you, I would be giving a months notice ASAP, finding somewhere to live, and withholding the last months rent to cover the cost of the deposit. That way you are covered.
  5. How much are we talking? You can always attach the debt to his property, which means he cannot sell until he pays off the debt. IF he actually goes bankrupt however, this may be a different matter.
  6. No problem. It should be noted, that this really is a general guideline, and it is far better to look at personal circumstances. For example, someone spending 20% of their income on rent but 50% on debt repayment is clearly less suited for renting than someone spending 40% of their income on their rent, but has no debts.
  7. What was the deposit given for? Holding deposit, damage deposit....what exactly does it have written on the receipts?
  8. The general guideline is that you should earn at least 3 times the rent.
  9. The process you would use is called your right of offset. Try a search for it at www.landlordzone.co.uk/forums
  10. It's in the housing act...I forget specifically when or where. I should maybe clarify, realised that what I have just said may be misleading. You cannot evict someone within the first 6 months, UNLESS it is due to a contractual breach(eg rent arrears).
  11. The reason there are no tenancies shorter than 6 months is because the earliest you can evict someone is after 6 months, regardless of the length of the contract. And for your company idea...many companies do do this.
  12. Yes...do nothing. What other people have sent to them is not your concern. If baliffs do turn up at your door, simply inform them that the person they are looking for is not at that address. If you want to force him to change his address, you could always say that you will no longer forward the mail to him, and if you wanted to really force the issue, you could tell him you won't allow him access to collect any. However, bear in mind it is nigh on impossible, in these days of junk mail, to stop every bit of mail going to your old address.
  13. Grimey is different to worn. This does not sound like fair wear and tear to me, obviously difficult to give a definitive answer without seeing the carpet. With regards the new carpet, as long as he actually spends the money on getting the carpet cleaned, then yes it is reasonable, and if the AST has a clause regarding compensation, then he could use what the carpet cleaning would have cost towards the new carpet also.
  14. Oops, yes my apologies...didn't read properly!! You are absolutely right...missed the bit about the sword of damocles notice!
  15. Whether it gets done or not is up to the landlord. Don't do it and bill it to him, because he has no obligation to get it done. Equally, neither do you.
  16. Yes, it is a statutory periodic tenancy, and is standard. It is "proven" by the original AST document. These tenancies are not signed or whatever, if they were they would no longer be a SPT, but in fact a new AST.
  17. Your notice period is one month, to end on the last day of a rental period.
  18. I was thinking about replying, but I am not sure enough on the answers. It is quite a tricky area of letting law, and you would be well advised to consult a specialist solicitor on it. I shall give the answers as I THINK they are, but nowhere near certain: 1 - The lender won't be able to offer you the property, as they have an obligation to attempt to get the best price for it, the only way to do this is via auction. 2 - How long is a piece of string? Can't answer that question. 3 - At the moment I certainly would not be paying any more rent until it is clarified what is happening with it.
  19. Legally, responsibility falls with the landlord only. You cannot persue with the letting agent. If you have no inventory, the landlord must return the full deposit.
  20. I fail to see an issue with this, but I would at least get confirmation of it in person just in case it is someone playing about. Other than that, people change their bank accounts all the time.
  21. My answer is exactly the same...
  22. I'd be interested to know what exactly this would have to do with the situation?
  23. No she can't - she has signed up for a years agreement and that is what she has tied into. Unless she has a break clause, which is quite unlikely.
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