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MrShed

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Everything posted by MrShed

  1. Thanks for letting us know what they said...certainly something new to me! But yes, very stupid of them not to put a longer explanation! Good luck with the case, let us know how it goes.
  2. Simply point out to them that you are happy to stay on a periodic tenancy, and as such there is no need for any work by them, no need for a new contract and no need for a fee. That should shut them up! The agents are allowed to charge for things like this, but it can only be reasonable costs that they would have incurred by drawing up the contract.
  3. Of course...private individuals file for bankruptcy all the time. Did you file jointly against both of them? Did moneyclaim refund your court charge? Best thing to do would be to contact Moneyclaim and ask them. How much are we talking?
  4. Hmmm....I *think* that this means that they will not proceed with the claim as it may prejudice the ability for other creditors to reclaim their money. I think that this usually only occurs if the other party has filed for bankruptcy. However I must admit I am not entirely sure!!!
  5. The tenancy *should* still be secure as long asthe landlord has permission from his lender to let the property. If the landlord sells to someone else then the tenancy continues as before, with no landlord rent, new or old, to kick you out. The only differing circumstance is in the case of a lender repossessing the property when there was no permission to let..in this case I think they can get a court order to evict.
  6. Not sure I would go so far as to say normal, but it certainly isn't a rare practice. It is to ensure that any damages over and above the damage deposit get covered without having to issue legal proceedings basically. And it is fully enforceable if it is in your AST!
  7. As Young Goat says, there is nothing illegal about selling a house with a sitting tenant. However, the tenants rights are not affected, he cannot be evicted earlier etc. So, he can sell it, but still cant kick you out until you have had the proper notice.
  8. I do not know the area, so I apologise that my advice is general. There is not a massive amount of scope for large reductions in rent in negotiation. The reason is because most landlords have calculated a figure that is both in line with market rent, and which covers their mortgage and other costs leaving them with a modest profit. Therefore the kind of property you are most likely to achieve a discount on is where the property is owned outright. This does not mean there is no leeway, but the 25%+ kind of discount you have mentioned is pretty much a no-no. But, of course, you will never know u
  9. "As you are aware, it is against the law for a vendor to exchange contracts while there is a sitting tenant in the property" Since when????
  10. Just as a point of information for you, I have listed the ways to get out of a fixed term AST on another thread: http://www.housepricecrash.co.uk/forum/ind...showtopic=33427 But, waitingandsaving is absolutely right, it would be quite unusual for you to find a house and complete within 6 months. You could ask any new landlord to put a 1 months notice break clause in the AST for you?
  11. As promised, quote from my post: The simple answer is, no you cannot end the tenancy as such early. However, there are still several options available to you, I shall attempt to detail them below(in order I would do them): - Check your AST for a break clause. It is quite possible that in a long term contract there may well be such a clause, allowing you to give notice during the tenancy. However, this is still unlikely, but definitely worth checking. - Negotiate with the landlord. A landlord may be quite receptive to you just sitting, talking to him, and telling him that you would like to l
  12. This is not true I'm afraid...not sure where you got this from!! However, with regards your claim, they don't have a leg to stand on. Sue them, you are almost guaranteed to win.
  13. Quite clearly! Why on earth would you not??? :S To answer your question, yes you are tied into the contract, simple as. But, there are some ways out. Try searching for "assignment" at www.landlordzone.co.uk, I have posted at length on this matter before. If I can find the post, I'll copy and paste it into these forums for you
  14. Short answer is yes you have to pay the full 6 months. Long answer is if the eventuality occurs, then there are some options to reduce the amount owed(such as assignment and subletting with the landlords approval) but ultimately the responsibility is still yours. Contrary to the thoughts of some by the way, you CAN take out a tenancy for only 3 months/4 months/whichever you wish. But you will struggle to find a landlord offering such a term.
  15. If you have not signed it, then obviously the AST is not valid. It would be fairly pointless signing it now I think as the dates on the AST would be all to pot. You are now on a statutory periodic tenancy. This basically means that you are on a rolling month to month contract, on the same terms as your originial AST. There are not implications for you, nothing you need to worry about. It obviously means that you have no extended 12 month or 6 month fixed term, but the landlord/letting agent must still give you at least 2 months notice to evict you regardless. Hope this helps!
  16. Not neccessarily, but if you request the name and address from the LA then you must legally be provided with it within 28 days. And good result, well done...im pleased!
  17. I shall repeat...you CANNOT claim back rent from him. I can absolutely guarantee you that no court in the land will see the lack of blinds as being a reason for the property to be uninhabitable. I understand the privacy issue, and I do sympathise, but the argument will be(and rightly so) that you could have quite easily put something over the windows temporarily. If the blinds are now fitted, I would just leave it. If you deduct money from his rent, you are only going to cause aggro and possible legal issues which you will lose in the end. Apart from anything else if you have not been given
  18. And you forgot an attachment of earnings as an option
  19. OK you are misguided in some of your assumptions....not having a go or anything, just pointing out!! First of all, blinds/curtains are not a "legal" requirement of furnished properties. There is a general assumption that they would be present, yes, but no legal requirement, certainly as far as I am aware. Although if you have a link to such legislation I would welcome being corrected! But in law there isn't really a set in stone distinction between furnished and unfurnished property, certainly not down to that kind of detail...again as afar as I know. Did you view the property? Were there cu
  20. It will take at least a month to get you out if you stay after the notice expires, depending upon your local authority and how busy the courts are. But bear in mind if you do this, you will become liable for any costs incurred - court costs, baliff costs etc.
  21. Legally, infestations etc are not the responsibility of the landlord, and so by default are the responsibility of the tenant, IF they want them removing. The keep quiet and leave approach seems the sensible option!
  22. In my opinion, as you have no reason to believe she will screw you for the deposit, you should just pay the last months rent. Only in cases where you have strong reason to believe you will lose the deposit should you withhold the rent. If you have an extensive inventory, then you should have nothing to worry about. Just make sure you take some photos/videos on leaving the place.
  23. Basically it totally depends upon the agent, and the credit check. I would guess the agent would be happy as long as you have a guarantor. However, whether they remain responsible after the first 6 months would depend upon the guarantor agreement, and also bear in mind that if your credit check is that bad, they may well insist on them remaining guarantor after the first 6 months, otherwise evict you.
  24. Ah thanks that clarifies it somewhat. Well, in all honesty I think it will be very difficult to do anythin now about the money already paid....I cannot think of a way around it. However, I would immediately refuse to accept that particular cleaners services anymore, and find another who is willing to give you an invoice.
  25. On what basis were you hoping to get money back?
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