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Jul, 2014

Thursday

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  1. I think the way to look at it is that this is to...

    I think the way to look at it is that this is to cover the extra household costs of working from home, therefore it should be per person working from home provided that you can come up with a...
  2. In general a holding deposit is paid in exchange...

    In general a holding deposit is paid in exchange of a commitment that the landlord will not let the property to someone else for a set period of time.
    Nothing prevents viewings from continuing.
    ...
  3. If that was the case, how would everyone do when...

    If that was the case, how would everyone do when a prospective tenant failed references/credit check?
  4. My understanding is that the £4 a week is no...

    My understanding is that the £4 a week is no problem.

    However if you start to claim full expense as if you had a dedicated office at home, then HMRC may very well conclude that you do and that...
  5. How much are we even talking aboutnhere? £20?...

    How much are we even talking aboutnhere? £20?
    What do people keep in their freezers that is so valuable they need to argue or call the insurance?

    The landlord can show goodwill if he wishes, but...
  6. You're a BTL landlord, carpenter by trade,...

    You're a BTL landlord, carpenter by trade, trainee building contractor, and university student in design doing some market research if I've followed your posts correctly.
    That's a very busy life!
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    That seems to be coming together very well,...

    That seems to be coming together very well, indeed!
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    I am not arguing: There was no credible argument...

    I am not arguing: There was no credible argument that the tenant was liable. There was only opinions that the tenant should pay.
    It is very important to distinguish these two aspects, and it seems...
  9. What the CMA says is a guidance, not law. What...

    What the CMA says is a guidance, not law.

    What they say in full is:
    "4.19 Because your clients are likely to include consumers and possibly businesses that will not be able to reclaim Value Added...
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    I don't think that there were any credible...

    I don't think that there were any credible argument that tenant was liable.
    He could have agreed out of good will, and he did, which is good.
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    Who knows? I think that the evidence based on...

    Who knows?

    I think that the evidence based on proof of postage is really designed for cases when the notice is sent by a reputable and/or independent person.
    But on the face of it when it comes...
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    I feel for him when that evening, being hungry,...

    I feel for him when that evening, being hungry, he decided to order his favourite kebab only to find a s.21 notice instead of the flyer.
    "WTF, where's that bl**dy flyer?... Oh cr*p!"
  13. Seems to be a storm in a tea cup, really. If a...

    Seems to be a storm in a tea cup, really.
    If a landlord is quoted "10% + VAT" he knows what it means and is free to agree or to not.

    The CMA has published this in a guidance document, so this is...
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    So if it's not the landlord's fault then it's the...

    So if it's not the landlord's fault then it's the tenant's?
    That's a flawed logic.

    If there is damage to the property the liability could be with the tenant, or a third party, or no-one.
    Saying...
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    So someone that the tenant knows somehow gets...

    So someone that the tenant knows somehow gets worried about not hearing from him, calls the police, the police breaks the door, and it is the tenant's fault? Total nonsense.
  16. Why have the 'not-racists' brought immigration...

    Why have the 'not-racists' brought immigration into consideration again?
  17. I don't think that the new landlord ever receives...

    I don't think that the new landlord ever receives the deposit in the sense of the deposit protection legislation.
    If there is a deposit, it was received by the previous landlord.

    Because the...
  18. Not sure about that. In civil matters it is...

    Not sure about that. In civil matters it is possible to sign away the right to sue, for example it is common to due so in settlement agreements during redundancies or dismissals.
    Not sure how it...
  19. I think that the way to look at it is that when...

    I think that the way to look at it is that when you 'slip into the shoes of the landlord' you take on the liability and as such you are deemed to have the deposit.
    It does not matter whether the...
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    I don't think it's correct that council won't...

    I don't think it's correct that council won't rehouse them if they are evicted through s.8.
    Councils try many tactics, often rather below the belt, to try to avoid re-housing, but if the tenant is...
  21. Provided that they agree to this new tenancy, yes.

    Provided that they agree to this new tenancy, yes.
  22. A deposit is a a liability of the landlord: It is...

    A deposit is a a liability of the landlord: It is money he holds but that does not belong to him.

    Here, there is clearly a transfer of liability because the deposit is the landlord's business....
  23. In case of dispute, the landlord must transfer...

    In case of dispute, the landlord must transfer the disputed amount to the scheme whether he agrees to ADR.

    The scheme then holds it and waits for 6 months to get the decision of the court before...
  24. They don't want to hold on to the deposit, or to...

    They don't want to hold on to the deposit, or to be involved for ever.

    6 months is more than enough to sort out the dispute. After that they are out of it: if one party does get a court after more...
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    If the lodger/tenant has exclusive possession of...

    If the lodger/tenant has exclusive possession of a part of the property then has indeed a tenancy.
    But that does not mean that it can be an AST. Certainly, in case of a lockable bedroom the tenancy...
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