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19

Apr, 2015

Sunday

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  1. Replies
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    No need to provide it if the property currently...

    No need to provide it if the property currently has no tenants. If existing tenants in situ, it might be part of their tenancy agreement that Wifi would be provided which you will need to check. ...
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    I think you will find the agent is bluffing and...

    I think you will find the agent is bluffing and will not pursue this in court. It's called bullying. It won't cost you anything to defend it if they do but I doubt it. A County Court Judgement...
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    343

    So your father is the leasehold owner not an AST...

    So your father is the leasehold owner not an AST tenant? In which case he needs to refer to the Headlease which can be accessed from the Land Registry site for about £4.00 and then saved on his...
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    I've answered this many times. If it's the most...

    I've answered this many times. If it's the most recent copy then it may soon be out of date. There will be a new book as soon as new sections on S.13 & S.8 Notices, together with the new Prescribed...
  5. It does NOT reflect the view of the NAEA - the...

    It does NOT reflect the view of the NAEA - the NAEA just refers to the ASA ruling last November and the CAP guidance, upon which consumers can rely, as advice to its members that they might want to...
  6. It's Ground 1 under the Housing Act 1988, Section...

    It's Ground 1 under the Housing Act 1988, Section 8. It has to be served with Ground 2 which is if the lender seeks repossession during the fixed term it can do so.
  7. Just had this emailed to me today from NAEA,...

    Just had this emailed to me today from NAEA, which more or less backs-up my assertions in that CAP (Committee of Advertising Practice) advises that you MUST include VAT when advertising fees, so if...
  8. Please note that "plus VAT" is not permitted as...

    Please note that "plus VAT" is not permitted as an additional amount concerning fixed sums (Consumer Credit Act) , and was recently challenged by a consumer (and won) in court as the supplier of...
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    No, agents are obliged to pay in any money not...

    No, agents are obliged to pay in any money not belonging to it into a designated clients account, which in the first instance will include the rent, from which the agent then deducts his...
  10. In which case you are definitely a "consumer" in...

    In which case you are definitely a "consumer" in the eyes of the law. As Snorkerz points out UTCCRs can only be determined by a court, but by the same token a supplier of goods and services, i.e....
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    I posted only yesterday on a similar thread about...

    I posted only yesterday on a similar thread about this scenario if no termination clause exists at...
  12. Write to the agent and cancel your arrangement...

    Write to the agent and cancel your arrangement giving any required reasonable notice period. In law all contracts have to be able to be terminated by "reasonable notice". If there is nothing in...
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    There appears no justification in making such an...

    There appears no justification in making such an outrageous charge. I suggest you write to them and state that if you don't receive your money in full within 7 days that you will apply to the County...
  14. I would suggest this agent is in financial...

    I would suggest this agent is in financial trouble and is on the slippery slope towards ceasing trading.
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    You have a problem because it will very much...

    You have a problem because it will very much depend on the wording within your AST. Just an outright ban with a clause stipulating "no pets" might be considered an unfair term. Did your clause say...
  16. Not this again! When will agents start using the...

    Not this again! When will agents start using the words "Subject to Contract" in their negotiations to clarify that until the exchange of contracts anything can happen without liability. Maybe they...
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    Trying to recover money from a defendant who has...

    Trying to recover money from a defendant who has none is pointless, so the amount is superfluous.
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    Which bit are you going to "bare". I think I can...

    Which bit are you going to "bare". I think I can guess.
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    New Court Charges may put off landlords

    I understand from this week that anyone pursuing a defendant for up to £100,000 will now be responsible for court fees of 5% of the amount claimed.

    If tenants are in arrears by say £5,000 the new...
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    You also need a very thick skin if you are "in...

    You also need a very thick skin if you are "in the business".
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    bcms, You are intending to "manage" 150...

    bcms,

    You are intending to "manage" 150 properties on your own? It would normally take 3 people to do this full time if they want to be in control of everything. You must be Superman.
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    ARLA advises all its agents (for the avoidance of...

    ARLA advises all its agents (for the avoidance of doubt) that any guarantor arrangement should be renewed at the end of each fixed term with a new AST, and a new Deed of Guarantee.

    However,...
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    Mmmm........................not sure but they...

    Mmmm........................not sure but they won't be of much use to the agent I suspect. Why not ask them?
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    The reason I put this in is because if there is...

    The reason I put this in is because if there is an accident and somebody does fall down the stairs and no RA had been carried out, and noted, the landlord might be considered liable. The point is...
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    FWIW, I consider the clause to be unenforceable...

    FWIW, I consider the clause to be unenforceable because there are too many conditions on which the landlord needs to rely. A Guarantor in any event would be able to withdraw from being a Guarantor...
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