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02

Sep, 2014

Tuesday

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  1. I consider the £900 to be a penalty which under...

    I consider the £900 to be a penalty which under the "Consumer Protection from Unfair Trading Regualtions 2008" might be illegal. Under the Unfair Terms in Consumer Contract Regulations 1999 it might...
  2. That used to be the case bit isn't anymore. An...

    That used to be the case bit isn't anymore. An ex-ternant can still claim the 3x deposit if it wasn't protected.
  3. Your last sentence is correct. The tenant who...

    Your last sentence is correct. The tenant who has not served notice will need to make a decision as to whether they want to stay with a new AST. You should let them know the situation asap.
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    The agent will have to prove that they logged the...

    The agent will have to prove that they logged the keys in and out of their office, there is no proof on yourself I would say.
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    There are plenty of posts covering your...

    There are plenty of posts covering your situation, and suggest you look at these as it's the same repetitive answer otherwise. You've more or less answered your own question.
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    If the answer isn't obvious to you, you write and...

    If the answer isn't obvious to you, you write and ask for the money within say, 7 days otherwise you will take action through the county court via (MCOL).
  7. I agree; this agent doesn't understand the DPA

    I agree; this agent doesn't understand the DPA
  8. Thread: Signing a Lease

    by PaulF
    Replies
    3
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    132

    I recommend where possible you ask the landlord...

    I recommend where possible you ask the landlord to sign it because if there are any errors and you or one of your colleagues sign it then the landlord can hold you responsible for such errors. ...
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    Have you checked they are legally entitled to be...

    Have you checked they are legally entitled to be here for a start? See the factsheet at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/249246/Factsheet_07_-_Landlords.pdf
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    Also a tenant could (legally) prevent any...

    Also a tenant could (legally) prevent any prospective purchasers from an internal viewing if they wanted to be awkward. Any lender would not normally advance a purchaser a loan until the property...
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    Your post isn't very clear. Are parts 1 & 2...

    Your post isn't very clear. Are parts 1 & 2 connected?

    In Part 1 you serve a Notice to Quit but you need to consult the tenancy agreement first as it will not be under the Housing Acts 1988,...
  12. All you have to do is look at the first "Sticky"...

    All you have to do is look at the first "Sticky" at the top of the forum page for a comprehensive analysis of this.
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    Three months from date of application to bailiff...

    Three months from date of application to bailiff attending is about the norm. The county court serves the Possession Order, and the bailiff's office executes the warrant if necessary. Read up on...
  14. It doesn't really matter what you think your...

    It doesn't really matter what you think your position is, you need to refer to the lease wording. Unless you took legal advice before signing the lease you could easily have agreed to improvements to...
  15. Buy one from the usual channels at Manchester...

    Buy one from the usual channels at Manchester College otherwise out of date material is what you are likely to get. I know it's expensive but at least you know what you are getting. Phone them and...
  16. Thread: Eviction notice

    by PaulF
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    217

    It's nearly 10 hours since the original post, and...

    It's nearly 10 hours since the original post, and browneyes might not be in any hurry to regain possession.
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    The Consumer Credit Act states that all fixed...

    The Consumer Credit Act states that all fixed amounts to be paid by a consumer to a supplier of goods MUST include VAT unless expressed as a percentage or where the exact amount cannot be calculated...
  18. If you don't specify such a clause then you can't...

    If you don't specify such a clause then you can't use Section 8, Grounds 8,10 or 11 to regain possession. It doesn't prejudice the tenant's rights for the necessity to obtain a court order for...
  19. Your agent would probably have to contact the...

    Your agent would probably have to contact the Management Company in any event as an insurance claim appears likely. I do agree you are having poor service but I don't consider your agent is...
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    I should point out that any "penalty clause" is...

    I should point out that any "penalty clause" is deemed not to comply with the Unfair Terms in Consumer Contract Regulations 1999. I appreciate the agent is only trying to pass on the landlord's...
  21. Thread: One Off Cleans

    by PaulF
    Replies
    1
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    141

    An agent is obliged to give you a quote as to the...

    An agent is obliged to give you a quote as to the cost of cleaning any property before it is carried out; if you were in a hurry was it your fault? How long is a piece of string? Costs are dependent...
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    C'mon thesaint you know its not an NTQ!

    C'mon thesaint you know its not an NTQ!
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    I wouldn't have any confidence in such a...

    I wouldn't have any confidence in such a solicitor either!
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    No it doesn't appear to be valid and your...

    No it doesn't appear to be valid and your solicitor is a bit of a dork if he can't get something that simple right.

    The Notice needs to state "after 16th October" and not "on 17th October". Proof...
  25. That in a nutshell is the crux. The separate...

    That in a nutshell is the crux. The separate agency contract is not something you should sign, as the sale to the tenant would be subject to that, and the agency is trying to enforce it on you...
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