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About NeilB

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  1. I'm in a similar position myself - which I have just posted about seperately - with a tenancy which began after April 07 and ended 6 weeks ago. Our deposit was never registered with a TDS and has now been witheld by the LL. Just wondering if the OP got anywhere with a retrospective claim?
  2. It's not the non-refunding of the deposit I'm thinking of suing over, as I agree it wouldn't be worth, but rather the mere fact that it wasn't registered with and safeguarded by a government protection scheme which is required by law. Reading here https://www.depositprotection.com/Public/FA...tion=General#Q7 It clearly states: Tenants can make an application to a County Court under Housing Act 2004 if they believe that their deposit is not being safeguarded, or where they have not been given the prescribed information about the scheme in which the deposit is safeguarded within 14 days of the landlord receiving the deposit. Where the court is satisfied that the landlord has failed to comply with these requirements, or the deposit is not being held in an authorised scheme, the court must either order the landlord to repay the deposit within 14 days of the making of the order, or order the landlord to pay the deposit to the custodial scheme administrator. The court must also order the landlord to pay the tenant three times the deposit amount within 14 days of the making of the order. I suppose what I'm wanting to establish is whether I could sue retrospectively for a tenancy that has now ended (and for which the deposit was never returned) and how likely a judge would be to award the 3 x deposit penalty. It seems this is given to landlords as a penalty for non compliance with the law rather than as a way of settling over the witheld deposit, which the landlord is ordered to pay seperately.
  3. I've just fallen out with my former landlord over the fact that he won't refund my deposit. In keeping this very brief I had a tenancy between September 07 and March 09 with no written contract. Everything was verbally agreed with the LL. A deposit of £850 was given at the start. We didn't hear anything from the LL about deposit protection, in fact we had very little contact with him until we ended the tenancy. We had some problems with the LL when the tenancy ended. We left the property empty for the last 5 weeks of our agreed 2 month notice period as we had moved house, however (with our initial agreement) he let incoming tenants into the house early to decorate the place. He also let himself into the house during this period without seeking our approval first. I didn't pay the last weeks rent as I had removed the standing order so I agreed it could be deducted from my deposit along with a few other minor expenses. After chasing for 5-6 weeks I eventually received a voicemail with the LL offering a cheque for circa £300. I thought this was unreasonable and sent him an email outlining the deductions I had agreed to and offering to settle for £450 which I thought was bending over banckwards on my part. This included the last weeks rent which I had still agreed to pay, despite the fact that the incoming tenants had virtually taken possession of the house by this time. My wife went in there in late Februrary and they had clothes hanging in the wardrobe FFS!! Eventually after my chasing the LL responds by email but gets very defensive, slags me off (for ending the tenancy 'early') and claiming I am dishonourable and I have cost him money. He doesn't mention refunding the deposit and makes no attempt to agree on a settlement, although he criticises me for questioning the £300 he had offered. I get very snotty back and tell the guy he's an amateur and to keep the deposit (I was in dispair at this point and figured I would never see a penny from the guy, plus I have a busy business and family life and half a day of my time is arguably worth more than the amount in question, let alone the stress involved). Now I've just found out about the ability to sue for non compliance with the DPS rules. Considering the fact that I've told him explicitely by email to keep the outstanding deposit, does anyone think I could still challenge the guy legally based purely on the fact that he failed to inform us of our rights as tenants with regards to safeguarding our deposit? As you may tell I'm not overly fussed about retrieving a few hundred quid, but in light of his attitute and the way that he's attacked me by email I'd be quite happy to try and screw the guy for 3x deposit if I thought I stood a fair chance.
  4. Did anyone see the first one in Cardiff? That hasn't been re-sold according to the registry. http://maps.google.co.uk/maps?f=q&sour...943181818181809 No 25 in the same street sold for £52k in 2000 then £159k in 2005 - the guy on TV paid £180-odd for a similar albeit repo'd house in 2007.
  5. I just found it - wasn't looking hard enough - they passed it on to some other mug for £80k in Dec 2007 !! http://www.zoopla.co.uk/property/6-rowland...24-9bt/6556598/
  6. Did you see the auction date - July 2007 - talk about lambs to the slaughter. Curiously I can't find any record of that sale or the previous one in Cardiff - I presume auctions end up on the land registry??
  7. I can't speak much for the villages but we moved to Bridgnorth from the South East in 2007 and really like it up here. I drive down through Ludlow on to South Wales daily and I don't think you can go far wrong in any of the outlying areas, although coming from Cornwall the rural aspect and slower pace is going to be less of a culture shock for you than it was for me. Also if you're looking to rent up here for a bit there are some bargains to be had, again coming from the South East this was great for me, but I imagine Cornwall is also quite expensive?
  8. I'm moving into a brand new place on the weekend that was built to sell but was completed just as the bubble burst in the summer of 2007. £500k asking price having been reduced... now mine for £1100pm... including gardener
  9. I have to say, without wanting to piss on anyone's fire here, that I swapped a remapped TDI 150 for a stock E39 530d 3 years ago and the BM frankly pissed all over the Golf in every respect including all aspects of performance and importantly (for me) the ability to just devour long journeys... 530d remapped is in a different league with 500NM+ torque... and both the then-current (E46) 330d's and the modern ones are quicker still - the latest E90 3.0d engine is a stunning piece of enginering. I still regret getting rid of that Golf sometimes though - absolutely cracking car for the money. Also of note - the previous owner of the Golf had replaced the turbo under warranty and I had to do the same to my 530d - I guess all turbo-diesels are prone to this though some more than others.
  10. I haven't been told my rent is 'dead money' for a while now...
  11. I had a 'FHM' a few months ago when a good mate of mine came up to stay in my house. It transpired that, with the onset of the crunch, their interest-only mortgage payments on the grotty ex-council flat surrounded by plebs they had bought about 2 years ago had risen to barely less than the monthly rent I am paying for a decent 4-bed detached in a very pleasant area with great schools. Funnily enough two years ago I got all sorts of grief about 'dead money' when I advised this mate that he should re-consider buying. Also heard the council have just hit them for several grand for a new entry-phone system (obviously private owners pay, council tenants don't) not to mention the £4k payment they had to make towards roof repairs after they first moved in. It seems tragic really, when you see it happening to good (albeit unwise) mates. Edited to add - these are the sort of places that seem like good rental value around my neck of the woods. Maybe next year... http://www.rightmove.co.uk/viewdetails-181...4&tr_t=rent http://www.rightmove.co.uk/viewdetails-220...4&tr_t=rent http://www.rightmove.co.uk/viewdetails-185...3&tr_t=rent
  12. I suspect the agency includes it as a standard clause in their contract purely so that they can push you into buying the Homelet policy. They probably make another easy £50 or more in commission on top of the admin fees they are charging you. I would be very surprised if the LL himself is insisting upon it. I'm sure I've bought homelet in the past for the exact same reason, it was about to stall an otherwise perfect let and I just shut up and paid the £100. As others have said the actual policy on offer is appalling, I've just taken £35k of contents cover including personal possessions, full annual travel insurance for the family and a number of other benefits for about £17 a month.
  13. Thanks guys. Until now I've simply passed the LL's details to the council as they have been trying to co-ordinate repair works between the homeowners. I understand he is being less than co-operative so all the other householders perceive that 'we' are holding up the process. Meanwhile one neighbour's patio has collapsed and there is the risk his garden could flood with 9 household's worth of shit. I've just had a chat with the council to confirm who the legal recipient of the notice is, as it is ambiguously served to "The Lanlord (Occupier: My name)" and was delivered in an envolope with my name on it. They said they have the right (under the local goverment act) to serve notice on occupiers not just owners. In any case this particular notice is just to get the drain unblocked which will be circa £100 between all 9 households. Eventually they will apply the same legal process to get the big repair job done. I'm a bit more relaxed now as when I asked what happens in the event of non-payment she said normally a charge is made against the property - clearly the LL's problem not mine. Also we have no written tenancy agreement. The LL and I agreed to 'bypass' the agency as they were appalling to both parties and were lazy/stupid enough to put us in direct contact with each other. No written contract was subsequently made. The LL seems like a decent guy (apart from refusing to pay for this sewer job) and his risk is far greater than mine. I assume our veral / non-written tenancy agreement it would fall under AST legislation in the event of a legal dispute?
  14. I've recently received a demand from our local council under the Local Goverment (Miscellaneous Provisions) Act 1976 to remove an obstruction from a section of private sewer shared between our rented home and 8 other properties, all owner-occupied. The letter is addressed to both the Landlord and myself and it clearly says the following: "You are hereby notified that, in pursuance of the powers conferred on them by Section 35 of the Local Goverment (Misc Provisions) Act 1876, the Council require you (jointly with the owners/occupiers) of the following premesis, namely: to engage a competent drainage company to unblock the shared private server, care must be taken to to exacerbate the known problem with the sewer." If we do not do anything within 48 hours the council are performing the work (which involves digging up a neighbours landscaped garden and removing some sewer) and billing us and - I presume - the other 8 householders. There is then a quote from the act which says: S35. (1) If a private sewer is obstructed at a point within the area of a local authority... the authority may serve on each of the persons who is an owner or occupier of premises served by the sewer, or on each of such of those persons as the authority thinks fit, a notice requiring the recipients of notices in pursuance of this subsection in respect of the obstruction to remove it before a time specified in the notice... The way I read this, both the Landlord and/or Myself, and/or anyone else the council feels like serving notice to, can be held liable for the cost of repairs. Surely this is not the case?
  15. The landlord is just trying it on, as others have suggested I would just approach him and tell him you're not paying £600, and either stick to £500 firmly or if you're happy to then negotiate a compromise like £525 or £550 at the max. If he insists on £600 then simply move out which will be his loss. The ball is in your court whichever way you look at it. I had a landlord do this once, I served my notice immediately without even attempting to haggle and the LL immediately got upset and tried to drop the rent back down. It was too late for him as I'd already found somewhere better, but the point is that he backed down straight away.
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