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Megablastic

Could Do With Some Help, Ea Playing Up :(

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I moved into this property on Oct 14th 2006, I paid my 1.5 months deposit and 3 months in advance (my choice on the 3 months in advance). I also paid a deposit for my dog which I believe was £200.

In June 2007 I phoned up the letting agents office and asked if I could change the dates of tenancy to the 1st of the moth as my new job pays me then and would really help with managing my money better. The lady at the office agreed and I said that I would pay the extra 2 weeks so the rent would not be in arrears i.e up to date on the 1st of every month.

The EA came around 3 weeks ago for a check on the place, (this is the second time in the 1.5 years I have been here that he has even checked the place). I asked about a new contract as my 6 month contract was well and truly over and out of date. He replied that I'm on a monthly contract now which would be better for me if I wanted to move.

I asked what sort of notice would I need to give, he replied 4 weeks.......

Role on the 2nd of march 2008, I phone the EA to say that I am giving 4 weeks notice to leave, he stated that I have to pay 6 weeks as I moved in on the 14th Oct 2006. I reminded him that I changed the dates to the 1st and have been paying the rent on the 1st of every month since June 2007 and you have been perfectly happy to take the payment on that date with no mention of any problems.

Now he's saying they will take me to court over it! Surely if I have been paying on the 1st of the month every month since June 2007 the 4 weeks notice I have just given hm should be fine.

Also I told him about the huge amount of damp on my bedroom wall on his last visit and nothing has been done at all! The whole corner of the wall from the ground to the ceiling is wet and a huge amount of mold is growing and is also on the other corner of the room. The wall paper has come away from the wall its so bad and I have been wheezing and coughing for the last month.

It's so bad the damp that my clothes feel wet in the morning!

He also said that I did not pay a deposit for the dog which I did! It says in the contract as well..."any pets will incur an extra deposit of £150" but i can't find the damn receipts grrrrr.

I'm thinking of with holding my rent due to all the above problems. The contract also says that I have to get the carpets professionally cleaned by a company approved by them? I have bought a carpet cleaner (very expensive) and clean the carpets every 2 months... surely I can clean the carpets and not have to pay for a company to do it.

I've asked for a window that the previous tenant broke when they lost their keys and had to break in... to be fixed. His reply was to nail it shut as the landlord will be extending the kitchen when I go and won't replace it. The previous tenants left the place in a bit of a shit hole when I moved in so am I right in thinking I should leave the place as I found it. I would clean it head to toe really as I feel it's only right.

Sorry for all the questions, I could do with some advice :)

Edited by Megablastic

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Sorry to hear of your woes, sounds pretty pants - especially the damp problem.

I can't give you much useful advice myself, except to say that things are better when in writing. They probably will make a load of hassle about the fact you only called to give them notice rather than put it in writing, if they can...

I would send them a letter (recorded, or hand delivered) outlining the phone conversations about ending your tenancy, and the change of dates (I really don't know where you would stand on that one - I'm sure someone will point you in the right direction), and the fact that you've pointed out the damp etc (put dates in, so you have a record to fall back on).

You can always phone the Environmental health people at the council about the damp and mold, and the fact that you're ill from it - they have the power to make the LL sort that one out.

As for the dog deposit (and if the dog felt strongly, he could always leave his own "deposit" :P ) do you have the bank statement that shows the cheque you wrote out- presumably it will be £150/£200 more than the deposit is for? Or you then have proof that the deposit was for more than they will claim it is, if they don't think the doggie deposit was paid...

Good luck - sounds like you might be better off out of there in the long run.

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I moved into this property on Oct 14th 2006, I paid my 1.5 months deposit and 3 months in advance (my choice on the 3 months in advance). I also paid a deposit for my dog which I believe was £200.

In June 2007 I phoned up the letting agents office and asked if I could change the dates of tenancy to the 1st of the moth as my new job pays me then and would really help with managing my money better. The lady at the office agreed and I said that I would pay the extra 2 weeks so the rent would not be in arrears i.e up to date on the 1st of every month.

The EA came around 3 weeks ago for a check on the place, (this is the second time in the 1.5 years I have been here that he has even checked the place). I asked about a new contract as my 6 month contract was well and truly over and out of date. He replied that I'm on a monthly contract now which would be better for me if I wanted to move.

I asked what sort of notice would I need to give, he replied 4 weeks.......

Role on the 2nd of march 2008, I phone the EA to say that I am giving 4 weeks notice to leave, he stated that I have to pay 6 weeks as I moved in on the 14th Oct 2006. I reminded him that I changed the dates to the 1st and have been paying the rent on the 1st of every month since June 2007 and you have been perfectly happy to take the payment on that date with no mention of any problems.

Now he's saying they will take me to court over it! Surely if I have been paying on the 1st of the month every month since June 2007 the 4 weeks notice I have just given hm should be fine.

Also I told him about the huge amount of damp on my bedroom wall on his last visit and nothing has been done at all! The whole corner of the wall from the ground to the ceiling is wet and a huge amount of mold is growing and is also on the other corner of the room. The wall paper has come away from the wall its so bad and I have been wheezing and coughing for the last month.

It's so bad the damp that my clothes feel wet in the morning!

He also said that I did not pay a deposit for the dog which I did! It says in the contract as well..."any pets will incur an extra deposit of £150" but i can't find the damn receipts grrrrr.

I'm thinking of with holding my rent due to all the above problems. The contract also says that I have to get the carpets professionally cleaned by a company approved by them? I have bought a carpet cleaner (very expensive) and clean the carpets every 2 months... surely I can clean the carpets and not have to pay for a company to do it.

I've asked for a window that the previous tenant broke when they lost their keys and had to break in... to be fixed. His reply was to nail it shut as the landlord will be extending the kitchen when I go and won't replace it. The previous tenants left the place in a bit of a shit hole when I moved in so am I right in thinking I should leave the place as I found it. I would clean it head to toe really as I feel it's only right.

Sorry for all the questions, I could do with some advice :)

Don`t pay any more money - let the LL have your deposit in lieu of your last month`s rent - put this in writing and it`s legal. As has been mentioned send EVERYTHING by Recorded Delivery.

Given the condition of your property you`re well within your rights to go to Environmental Health at your local council: the LL is going to get into a lot of trouble methinks! :lol:

The EA is a parasite of the worst kind: do not give in. Let them take you to court; it will take months and months before that even happens (if it ever does). They`re just trying to lean on you and intimidate you.

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Don`t pay any more money - let the LL have your deposit in lieu of your last month`s rent - put this in writing and it`s legal. As has been mentioned send EVERYTHING by Recorded Delivery.

Given the condition of your property you`re well within your rights to go to Environmental Health at your local council: the LL is going to get into a lot of trouble methinks! :lol:

The EA is a parasite of the worst kind: do not give in. Let them take you to court; it will take months and months before that even happens (if it ever does). They`re just trying to lean on you and intimidate you.

I agree, I have a good relationship with my agent and we both think the LL`s who live in Italy are odd, although my relationship is good with the agent, I insisted that all correspondance was done via email. I am keeping every email as I am fully aware that things could turn sh-itty.

I videoed every part of the house when I first took it on and made it quite clear on email that I have a copy on dvd.

PHOTO COPY EVERY LETTER SENT TO THE AGENT.

This may not help you now but will come in handy for your next rental.

Maybe enviromental health would like to see the damp conditions you are living in and may give you a report to shove in the face of the EA.

G`luck

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I agree, I have a good relationship with my agent and we both think the LL`s who live in Italy are odd, although my relationship is good with the agent, I insisted that all correspondance was done via email. I am keeping every email as I am fully aware that things could turn sh-itty.

I videoed every part of the house when I first took it on and made it quite clear on email that I have a copy on dvd.

PHOTO COPY EVERY LETTER SENT TO THE AGENT.

This may not help you now but will come in handy for your next rental.

Maybe enviromental health would like to see the damp conditions you are living in and may give you a report to shove in the face of the EA.

G`luck

The statatory periodic tenancy is based on the terms of original contract, but the payment date is usually the start of the period particularly as you specifically changed and have proof that you paid the difference (by accepting the rent they accept the the change of terms). That said you need to give notice before the period starts not after so the 2nd March is a day after, therefore in theory he could have you for 2 months, so taking the six week might be the better option.

Quick question and a rude one I know but how much are we talking about? because the LL's court fee is £80 plus time off work and the small claims court does not award punitive damages so is the court threat just a hollow one.

Also be careful of the mould argument, there are a couple of test cases out there where the LL has proven that the mould was the tenants fault by drying cloths etc. in the room, I am not saying you have but if the property has ventilation that meet the building regs (fan in the bathroom and kitchen) and if a new place, permanant window ventilation then the LL will argue you created the moisture by not opeing the windows or keeping the place warm enough etc. Just being devils advacate btw...

I would stop paying rent if I would you, also as said before put everything in writting and post recorded deliver or in person every time. finally never accept a letter in personm only by post, use the harresment arguement if they start coming to your house to deliver stuff

Hope that helps

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  • 295 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
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      • up 5%



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