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kunekune

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About kunekune

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  1. That kind of tenancy would make a huge difference to many tenants: as a parent of school-age children, I'm no longer in a position to move at will, at any time of year, just because the tenancy has finished and the LL wants to sell/change tenants. BUT ... there is another massive stumbling block that others haven't mentioned. Suppose the LL has a mortgage on the property, a proper BTL mortgage. The bank is not going to permit a longer tenancy because it means that if LL stops paying, they are still bound by the tenancy and can't repossess the house. I'm surprised even 12 months is possible. Certainly, unless you have a mortgage-free LL, I don't think you - or we - are going to get the security that we need for renting to be a viable long-term option. Relying on pure luck isn't a great alternative.
  2. Our landlord is a sell and let, though I don't think it is because they couldn't sell. They had an offer 18 months ago, but pulled out because THEY couldn't find anywhere to buy, and then when they did, they decided to hang on to it. However, he isn't an idiot. He is on a fixed rate until next September and we know that it is likely that he will decide to sell then, because as he puts it, the higher rate he's likely to have to pay isn't going to be covered by a sensible rent. We are renegotiating the tenancy for the second year and asked for a rolling contract rather than AST, but we're going to settle on a combination - we can both give notice, but there is an end date as well. I'm pretty sure that he could get more rent than he is getting from us, but he's not suggested that the rent is going up yet.
  3. Given the time of year, I assume that you are either a graduate student writing a thesis of some kind or an undergraduate preparing for re-sits. What I suggest you do is write a fairly formal-sounding letter, explaining that you have found it difficult to work at home with all the noise, let alone the disruption of the builder falling through the ceiling. Indeed, this may have led to some anxiety about a repeat incident, with resulting loss of sleep (hint hint) ... I don't think you can really say you have 'lost' anything through not working as it is impossible to quantify what you might have produced otherwise (and as an academic myself, I know that there are days when for no reason at all nothing gets done). I think it might be reasonable to ask for some compensation for the additional costs of studying outside the flat, eg, travel to uni, meals. You could preface the whole thing by saying that you are unhappy that you weren't consulted about the timing of the work, given that it was obviously going to be disruptive to you.
  4. I take it that your flat is owned by the same company as the one that is being refurbished and that the work is being carried out during the daytime. Does your LL know that you work from home? Does the lease permit the property to be used as 'commercial premises'? It is a standard term in AST that you are not allowed to do this. You are probably ok if you are an employee with an office space somewhere but you 'relocate' your desk to your home from time to time, but if you are running a business or are employed as 'home-based' I would recommend extreme caution. A precondition of any compensation would be that the LL could predict the effect and that the activity that is being affected is one that is permitted.
  5. Exactly! I was assuming there was something, but I didn't look in the standard contact to see there was something in it. If there is nothing, then stuff 'em. If there is something, the correspondence has to be for legitimate purposes. They cannot make any charge, unless it is in the contract.
  6. 1. The rules about "without prejudice" apply to negotiations; the idea is that by making a suggestion (eg, that in exchange for you paying less rent you will allow people to view the property at any time) they are not binding themselves for the future. Courts will not take regard of the term if the correspondence was not part of an attempt at settlement ... and if it was, but the term was not used, it could still be treated as being without prejudice. 2. If the agent tries to charge you for writing the letters and then refuses to produce them when you challenge their right to charge you, then they will be laughed out of the court or tribunal. They can't rely on them with the one hand and refuse they exist on the other. 3. It would not be a good idea to get a fake reference. The best thing would be to show the new LL or their agent the correspondence, explain that the matter is not yet settled and therefore you would prefer if they follow up alternative references.
  7. Thing is, it isn't only about money. I have seen the calculations that show that rental can be cheaper even in the long term. But moving every year or even having to wait to see whether you have to move once a year is very stressful. It's fine if you are a young couple without children - ie like the OP - but once you have other responsibilities things change. Babies are not much liked by landlords. They poo and sick up on the carpet. As they get bigger you worry about whether they're going to scribble on the walls. If you're unlucky like me, you have an 8 year old who still has poo accidents (fortunately we have an understanding LL). And then they start school. If you need to move, will you find a place convenient or will there be a school move? People often say that buying is about sentiment rather than money and it is, but that does not mean that caring about your children's stability and freedom (hey, it's part of being a kid to scribble on the wall) is not a good sentiment to help guide your decisions. Fran (currently renting but finding it hard to give up all that independence after 25 years of being an OO)
  8. Am I right in thinking that this will make it difficult for anyone to fudge the length of time a house has been on the market?
  9. What a load of cobblers. I guess the author wants to find someone, preferably the government, to blame for the expected HPC. But they need to work on their construction of a logical argument. HIPS cost £300-500 ... That's a drop in the ocean for most people. A two-week delay? In this market, even a quick sale isn't that quick, and the time spent getting the searches will then come off the time it takes the buyer's solicitor to do their stuff anyway. And how did the author get from the cost of HIPS to it not being worth moving because it costs £5000? Yes, it is expensive to move but not because of HIPS (surely anyway, so long as someone is both buying and selling, they will break even because most of what is in the HIP has to be done, it just shifts who does it???).
  10. It seems to be completely random how many 'bedrooms' a house has anyway. Lots of bungalows are advertised as 'three beds' when the third bedroom is really the dining room. And a lot of bedrooms are so small you can hardly fit a bed into them, I've seen lots that are only 6 x 7 ft. Surely it would be more honest to call it a study rather than a bedroom?
  11. Watched it. Terrifying. Just two words: Clay Cross.... (was that a planning thing? I could be proved wrong)
  12. It isn't so much a question of whether you HAVE to enforce the contract yourselves as that you cannot because you are not privy to the contract. There is a fairly straightforward explanation of privity on wikipedia (I don't usually recommend wikipedia as a source of legal advice but this looks about right and it explains it quite well): http://en.wikipedia.org/wiki/Privity_of_contract Note, however, that this does not mean there is nothing you can do. For example, the person who caused the damage was presumably negligent. If they owed you, as the resident, a duty of care (and I cannot imagine that they didn't) and their negligence resulted in loss, then you could sue them. Negligence claims can be brought in the small claims court. This would be a last resort, though, as the agency are more likely to have the funds to refund you.
  13. Where we are now is nice, we are beside a ginnel, and it is a little noisy at night and local youths like to sit on the steps on the outside of our fence to smoke, drink, etc. A letting agency has just advertised a lovely cottage up the road - opposite farmland, lots of character, more garden than we have at the moment. It is a bit more expensive but still well within what we can pay and still be saving. Since we're renting for at least another year, the environment is important. I'm waiting for the call-back with an appointment to view, but what is a little odd (to me) is that the current tenant is doing the viewing. That's good in a lot of ways - there are questions I can ask that I wouldn't get an answer to from an agent or the LL themselves - but it also means I can't find out much about the LL's background. Is there anywhere I can check that the LL's mortgagee knows that the property is tenanted? From what I've learned on this board, that seems to be one of the most important protections we can have, and since larger properties are few and far between I don't want to risk having to leave sooner than I want.
  14. Bingley, West Yorks: http://www.rightmove.co.uk/viewdetails-861...=4&tr_t=buy http://www.rightmove.co.uk/viewdetails-834...=5&tr_t=buy http://www.rightmove.co.uk/viewdetails-698...=7&tr_t=buy
  15. I am with you on the cracking. This place was quiet when we moved in and now the house next to us has been sold to a BTL landlady (four properties in a row of eight) and let to a group of 21 year olds ... The time their bin was left in our place by accident was nasty - maggots!!!!!!!! A year into renting and my portfolio of possibles is now indexed and I'm about to start 'grading' the properties in it! Fortunately for more bear-ish DH, none of the ones that are easily affordable (don't want 'affordable if we cut back' or 'affordable so long as nothing goes wrong') meet my long list of criteria. However, as someone who has been caught in two crashes before, I would caution you against the idea of a two-bed bungalow. You say you are thinking about children. That second bedroom is small. What if the first child was twins? Could you all live there in comfort and for how long? THe comment about liquidity and crashes is a good one (we were stuck in a noisy one-bedroom flat for 5 years). When it starts to go wrong, what becomes impossible isn't paying your mortgage (hopefully) it is selling up if you need to move. So make sure you choose somewhere that you would be comfortable not just with you and your OH, or with one child, but with two or even more children. Also, don't choose somewhere unusual unless it is highly attractive to everyone else (ie, crash number two when we had a log cabin on a bush site). fran PS: If you think the log cabin sounds familiar, and you watch property porn, it was featured on a New Zealand property show where they do up your hard-to-sell house and then it is auctioned. It was shown in the UK - we met someone in NZ who recognised us from the show and said it persuaded them to emigrate. And no, it didn't sell at auction. It eventually sold for $50K less than we had paid for it .. Crashes are real.
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