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Planner

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Everything posted by Planner

  1. The situation here is different to your situation though isnt it? To my mind your deposit should be protected on renewal. Post the TDS response when you recieve it, it will be interesting to get there view, although I suspect the answer you get wont answer your question either way.
  2. Then you have a six month contract. The fact you havent signed anything is irreleveant. By moving in to the property, paying a deposit and paying rent, you have accepted the term presented to you. If the landlord wishes to hold you to a six month term, then he shall legally be able to do so. All you can do is ask to be let out early, dont try and play hard ball, as you dont hold any of the cards on this one.
  3. Why do you think you arent in contract? You have paid a months rent and a deposit and have moved into the place, you are defiantley in a contract! - You state you havent been 'sent any contract' does this mean you have signed no contract or you have signed it and not been sent a copy of it? Assuming you have signed one, then you are bound by its terms and length i.e. 6 months/12 months. - If you havent signed one, then you have an oral contract at the very least. What term did you think you where signing up for when you paid? 6 months/12 months and can the letting agents prove that i.e. email correspondance etc?
  4. It isnt enforceable at all as you cant 'force' someone to be clean and tidy.
  5. I assume your talking about the Belfast property rather than the London one? If so, just monitor the advice you are given as I understand that the N.Ireland system is different to the English/Welsh system. For that reason I wont offer what I was going to say as not sure if its relevant to Belfast!
  6. Good. With the check in inventory you have and the check out inventory that the LL/LA is likley to produce, you shouldnt be stung for any more than you should be. I would always advise taking plenty of pictures on chekout yourself, so you can independantly prove that you havent caused damage and that you left the property in a similar condition (allowing for fair wear and tear) as to when you moved in.
  7. Number of potential issues; - You wouldnt use a N1 county court claim form (or moneyclaim online), you would use a N208 claim form for tds non-compliance cases. - The Stankova v. Glassonbury case is somewhat out of date and more recent (and conflicting outcome cases) can be found at http://www.isurv.com/site/scripts/document...documentID=2163 . - All of the decisions (that I am aware of) are county court decisions and so arent binding on future cases. I think its reasonable to say that the rule of thumb at the moment is that a landlord/letting agent can 'comply' with TDS requirements al the way up to the court date. I think people should be aware that TDS is by no means a guaranteed cash cow for the tenant. On the other hand if you have £150 spare (and some on the backburner for potential costs) then its worth having a go.
  8. I suppose it will depend on whether your credit card company would treat the transaction as a 'purchase' or a 'cash' transaction. I suspect the agency fees would be considered a purchase and therefore protected, I suspect the deposit would be a cash transaction and therefore not covered. Why not ring your CC company and ask?
  9. What would be the point in having a new inventory produced everytime you signed a new contract? An inventory/check in report is done when you move in and when you move out it will be compared to a moving out inventory/report when you move out. Therefore to answer your question, you are wrong that the letting agents/landlord wont be abole to deduct anything from your deposit as there is a valid check in. If you have been resigning contracts every year, then one school of thought is that your original deposit should have been protected in one of the tenancy deposit schemes once you signed a new contract on or after 6th April 2007. Have you been provided any details of this?
  10. You have a straight forward claim, LL have kept back some of your deposit, you diagree, you are going to sue. Theres no requirement to start 'LA Lawing' the situation. Name the LL and the LL wife as joint defendants. Send a copy of the N1 form (assuming you arent going to use money claim online) to their home address and a copy to their agent (this surveyor). You might want to do a Letter Before Action (LBA) before you do this, giving 7 days for the depsoits return or you will submit the attached N1 claim form to the county court. Print off and fill in the N1 claim form and send along with your LBA to show that you mean business. I know you have been writing letters but the idea is to get the depiosit back without going to court so this just might esculate the situation enough in their mind to cough up.
  11. Think this was covered earlier in the thread, A s.48 address could be any address in England/Wales for service of notices i.e. an agents address. I think renterbob was interested in the landlords address specifically, which has to be given under s.1 1985 act.
  12. Section 1 Landlord and tenant Act 1985; (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to— (a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy, that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request. (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale. (3) In this section and section 2— (a) "tenant" includes a statutory tenant; and (b ) "landlord" means the immediate landlord.
  13. Yes, you should write to them and give them 14 days to respond. Post back if you dont get a satisfactory response.
  14. Yes it is 100% cast iron. Contract law cannot over ride your right's as outlined in statute. Simple as. There are many many many TDS scheme arbitration examples where a landlord has insisted on notice to end the fixed term 'because the contract says so' and the arbitration has slapped them down. Incidently LettingsLady your posts always bring a smile (a small smile) to me. They always (and I do mean always) begin by admonishing us all for our answers only to conclude that you infact agree with whats been said. Your post above is a perfect example.
  15. As the comment is dated 12th Feb 2008, very badly I suspect. Early 2008 was the very 'dawn' of TDS non-complaince cases and understanding has moved on a bit (alot!).
  16. Only antidotal; Heres the recent lost one - http://www.consumeractiongroup.co.uk/forum...-two-weeks.html If you google TDS Case law, you should get more.
  17. Difficult to answer as the cases we are aware of so far swing both ways and have only been dealt with at the county court level and so set no precedent so; 1) Aware of an older case where the x3 compensation was still paid after deposit returned, aware of a more recent case where x3 comensation not awarded because deposit returned. 2) How longs a piece of string? 3) Challange what? You need to get a judgement one way or another before thinking of appealing. 4) Yes.
  18. You can ask for a lease of any legth (longer than three years they have to be a deed I believe). If you are going for a year long lease then you will have (in theory) security for 12 months. In practice what it means is that the LL/LA cannot action a s.21 until the 12 months are up however they can use one of the grounds under s.8, which include not only you breaking terms of the agreement, but also some more discretionary ones such as they need to move back in and it is there only and principle home. I suspect that such s.8 evictions are quite rare, but not unknown.
  19. Yes, call there bluff. If deposit is protected they will side with you (if not you may have to fight).
  20. No notice required if you want to leave at the end of the fixed term regardless of what the contract says. Of course if you know you are going to be leaving at the end of May you should give at least some notice just to be polite. If you allow a periodic tenancy to arise by not moving at the end of the fixed term, then legally you are only required to give one full calander month notice (ending on the same date in the month as the fixed term ended) as you have stated.
  21. I imagine we could add a few more pages to this thread!! but its just the same old arguments we are throwing at each other, so I will leave it there until (if) some litigation on the subject appears!
  22. I still think my points stand. Notice is always required by the tenant to leave, unless its the end of the fixed term or the landlord is clear that they intend to enforce the s.21 if they dont (i.e mutual agreement).
  23. Hmmmmm, found reference to this one but that doesnt work either; http://www.painsmith.co.uk/painsmith_files...termination.doc Have to wait for lettings lady to she if she has the email updates they send out saved.
  24. Then that would be back to my first point; Your making the assumption that a s.21 notice is a 'notice to quit', in my view it isnt, its merley the first step in a stautory process, which at a later date if they chose to persue it, would allow the landlord to apply to the court to terminate the tenancy. A s.21 initself neither terminates the tenacy or even gives the tenant certainty that the landlord intends to apply to the court to terminate the tenancy at some point. A s.21 notice cannot be interpreted in the same way as a tenants noticeto quit as they are different things. One terminates the tenancy on expiry, the other doesnt. The landlords action is to begin the first part of a statutory process, the tenants action is to leave, there is no mutual agreement.
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