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Everything posted by MrShed

  1. Fair enough....I apologise, I was wrong And yes, thank you for the info, I must admit that it was something I was totally unaware of. So, from my brief reading of your links, does that mean that if you have a 3 bed property you must display your name and address somewhere in the property??? Sounds strange...
  2. I was posting as an academic point, rather than specific to this case....I would have thought that was fairly obvious.
  3. Well I'm sure you can guess what I am going to say.....that clause is unenforceable, it is a breach of the fair terms of the OFT to prevent the tenants right of offset.
  4. Good point, and exactly right....although unsure as to whether it is due to human rights legislation or not. But certainly, it has been declared by the OFT to be an unfair term to have a blanket ban on all pets. It is however acceptable to have a ban on pets that you would reasonably expect to cause damage to the property.
  5. TTRTR it is nothing to do with threaten threaten threaten. It is clear that the landlord has no intention of taking responsibility for these costs, and so the tenant should take advantage of his legal right of offset, as it is clear that the landlord should be made responsible.
  6. Send a letter, recorded, to the landlord, telling them that you hold them fully responsible for the costs, and why you do. Tell them they have 14 days to reimburse the cost. If they do not, deduct the amount from the rent.
  7. I wouldn't expect you to follow my advice....you have already shown that you have no regard for the law, and so would not expect you to follow my legally factual advice.
  8. Not exactly.....just got confused with your other ridiculous advice on another thread. It is irrelevant whether it is you, or other creditors they leave owing money to....if they were properly checked, then you should(9 times out of 10) get people in who do not leave owing anything.
  9. Well, it depends on your contract. But in fact, most ASTs do not allow you to use the deposit for unpaid rent. However, this is beside the point. The "obligation" you are talking about, the term regarding viewing access to the property, is an unfair term according to the office of fair trading. The reason for this is that it breaches the tenants basic legal rights to "quiet enjoyment" of the property. Therefore the term is null and void, and cannot be enforced, nor can any financial loss for breach of this term be claimed. I suggest you find yourself a new solicitor.
  10. So? In all honesty I don't care if you decide to continue with your illegal practices. Just don't advise others to do the same.
  11. TTRTR, you are wrong. There is NO, I repeat NO, legal requirement to have the electrics checked for a tenant. As a landlord, you must ensure that electrics, and electrical equipment, is safe for use. However, this does not mean that you MUST have PAT testing or anything else. HMO's may vary, as they will vary depending upon your local council. However, standard properties do not need any kind of electrical checks doing. Oh and "All places let to two or more people are now considered HMOs". What a load of crap! An HMO is a property containing 5 or more unrelated people, and is three storeys or
  12. No it is not....as you have proved over several recent posts, you are not an overly responsible landlord....if you bother to check out your tenants properly, and not treat them like crap, then they will usually not leave you in this situation. Apart from this, you cannot possibly judge based on your own personal experience of a few properties....it is not a true representation.
  13. TTRTR....you concern me. The question was a perfectly valid one, and one which I will admit(despite apparently being one of the main contributors in this section of the forums) I do not know the answer to. It concerns me because with your post number etc, you give an impression that you know a lot about rental, when it is obvious from some other posts that you do not. Please, in future do not post unless it is going to be useful.
  14. Its not an enforceable contract! It's obvious you have not yet been taken to court over this....I will just point out that it is potentially a criminal offence to do what you are doing. There is no more "debate" to have over this matter....what you are doing is illegal.
  15. No deposits are for damage to the property. To paraphrase yourself..."I'm glad you're not my landlord you scumbag" You are breaching the tenants legal rights by deducting from the deposit in this way, or by enforcing access.
  16. Depends what you mean by unfair. If you mean is it perhaps getting close to breaching some kind of law, then no, nowhere near. Rightly or wrongly, HB tenants(DSS no longer exists) have a fairly bad reputation, and for this reason I can understand the reasoning behind having a blanket ban. Also, and this is definitely an increasing reason, housing benefit departments tend to be a nightmare to deal with, and any overpayments get reclaimed from the landlord, hence a lot of landlords do not want this kind of hassle. However, a prudent landlord would not neccessarily rule anything out, as they coul
  17. You have no obligation to allow any access to the property whatsoever. However, it would be reasonable, in my opinion, to allow access to any viewings. Perhaps only when you are present. Limiting it to the 4 days before you move makes it slightly difficult for the landlord, as even if he finds a tenant on the first day of those 4 days, the tenancy agreement etc is unlikely to be all sorted out within the four days, therefore he will probably have a void period.
  18. If you are thinking of getting a property that is currently occupied(at end of their tenancy obviously) dont be afraid to ask the current tenants what the landlord is like....obviously preferably away from the landlord/agent rep! It can also be easier sometimes, if there is a problem with a letting agent, to get some form of recourse. Most letting agents dont just "up sticks" overnight, whilst landlords can. And as they are not dealing with their own money, can be somewhat more impartial. Also can be easier to take them to court. If you are worried about getting ripped off, the best advice wo
  19. I'm afraid the questions are all too general, and none of them have clearly defined answers. Try and narrow it down a bit please. I'll try and answer the agent/private question, from my personal experience. Go for an agent if: - You want kind of average service, knowing generally that things will get fixed, but unsure how long. - You want virtually a guarantee that you will receive some deposit back, but also a guarantee that you will lose at least some of it. Private landlords can be the best, or they can be the worst. Agents tend to, in my experience, always be "kind of alright", never
  20. We merely answered the question given.....I fail to see the unhelpfulness of the posts.
  21. Exactly. Private rentals are no lower than letting agency rentals.
  22. WAL, the reasoning is that...if the bills are in the names of the tenants, then it is quite frankly none of the landlords business if the bills are paid or not, it does not affect him in any way. If the bills are in the landlords name however, this may be a different matter.
  23. By suing the landlord. I'm sure that such a clause, certainly if the bills are in your name, is an unfair term according to the OFT.
  24. In fact.....there is some ambiguitity regarding this issue. It is possible that you could, in theory, pay her on the 5th of June, and give notice AT ANY POINT up until the 4th of July. This is because technically, with it being a statutory periodic tenancy, you have no obligation after the month you are currently in, and the housing act does not explicitly give any instructions regarding the requirements of notice by a tenant in this situation. Read here for more information. http://www.landlordzone.co.uk/forums/showt...15394 Point of note....I have only added this post for the sake of comp
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