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Nov, 2014

Monday

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  1. I'm not sure if you are aware but it has always...

    I'm not sure if you are aware but it has always been the case that any agent could be taken to task by a landlord for lack of duty of care or similar using the old RICS "Red Book" Code of Practice...
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    You can't hold to account the agent for the...

    You can't hold to account the agent for the behaviour of the tenant, but having said that you could claim for financial loss through the Small Claims of the County Court for lack of "duty of care"...
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    I don't know if this is worth pointing out but...

    I don't know if this is worth pointing out but this requirement only came into being on 1st October this year. It has since been a requirement for all letting agents to belong to a redress scheme,...
  4. Well there's probably over 1000 posts on this...

    Well there's probably over 1000 posts on this very subject on the forum so do a bit of research.
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    It's landlord - landlady does not exist. What...

    It's landlord - landlady does not exist. What is your point?
  6. Thread: Agent fees

    by PaulF
    Replies
    17
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    524

    Very true and if it's business to business it is...

    Very true and if it's business to business it is assumed VAT is in addition to quotes/estimates, but business to consumer is governed by the CCA as I have mentioned. The OFT years ago issued a...
  7. Thread: Agent fees

    by PaulF
    Replies
    17
    Views
    524

    Er... if the agent is VAT registered then it will...

    Er... if the agent is VAT registered then it will be £71.80 pcm. A client has just recently successfully taken action against an agent who charged X% plus VAT, and the court ruled that VAT should...
  8. As there is no requirement for an AST to be in...

    As there is no requirement for an AST to be in writing you have a legal tenancy. You will have to sort out matters with your co-tenant.
  9. A threat of court action might concentrate their...

    A threat of court action might concentrate their minds because they would still have to stump up.
  10. The landlord would need to prove a S.13 Notice...

    The landlord would need to prove a S.13 Notice was indeed sent to you for the increase to be effective.

    If you pay by standing order you can just instruct your bank to revert to the original...
  11. It doesn't quite work that way. The legal...

    It doesn't quite work that way.

    The legal standpoint is that firstly an invoice must be produced by the contractor. If it was in the name of the agency then there is no liability on the OP to...
  12. skydiver12345, I would be contacting your...

    skydiver12345,


    I would be contacting your lender as they are almost certainly unaware of the situation, explaining what has happened. If you have a buildings and/or contents policy arranged...
  13. I hope this agent has an authority from their...

    I hope this agent has an authority from their landlords to charge such an amount.
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    Your only likely defence would be to prove the...

    Your only likely defence would be to prove the agent or landlord had made sufficient enquiries.
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    1,113

    This type of thing is covered under...

    This type of thing is covered under "transactional decisions" within the Consumer Protection from Unfair Trading Regulations 2008 and if I were the tenant I would be leaving the premises and letting...
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    The position on smoke alarm testing is that the...

    The position on smoke alarm testing is that the agent/landlord should test all smoke and carbon monoxide alarms and make a note on the inventory that this has been carried out. Thereafter it is up...
  17. Just a thought although others have raised the...

    Just a thought although others have raised the question.

    Even if the tenancy agreement was written as an AST it doesn't necessarily follow that it is, given the potential commercial nature of what...
  18. I think that landlord per se are not required to...

    I think that landlord per se are not required to register with the IC because they are only processing data for their own use and not for a third party, and therefore not sharing it with anybody. I...
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    2,682

    It's only an implied right of entry, not a...

    It's only an implied right of entry, not a statutory one.
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    294

    Hope this helps

    Hope this helps
  21. I understand that all agents should be registered...

    I understand that all agents should be registered with the IC if processing any data.
  22. Replies
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    2,682

    Taking up Lawcruncher's theme, the service of...

    Taking up Lawcruncher's theme, the service of Notices should be covered within the AST, including time frames and method of service. Also it should be noted that the agent or landlord has no right...
  23. Even if it doesn't it is still reasonable for a...

    Even if it doesn't it is still reasonable for a tenant to serve Notice in this way, BUT a tenant cannot serve Notice during the fixed term to end a periodic tenancy that hasn't commenced, which is...
  24. Have a look at this from Part 1 of the Rent Act...

    Have a look at this from Part 1 of the Rent Act 1977

    Part I
    Preliminary

    Protected and statutory tenancies

    1 Protected tenants and tenancies.

    Subject to this Part of this Act, a tenancy...
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    Don't you mean an inventory?

    Don't you mean an inventory?
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