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Mar, 2015

Monday

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  1. 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...
  3. 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...
  5. 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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    Please refer to this link and then your situation...

    Please refer to this link and then your situation might be clearer. http://www.landlordzone.co.uk/forums/showthread.php?64705-Important-information-required-from-all-new-posters
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    Why is this perceived as a problem? There's no...

    Why is this perceived as a problem? There's no law against builders taking pictures when undertaking work.
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    Firstly the guarantor will be useless unless they...

    Firstly the guarantor will be useless unless they are UK resident. Obtaining 6 months rent up front might confer on the tenant a half-yearly tenancy, even if rent is reserved monthly, which might...
  18. On the income v expenditure ratio there will...

    On the income v expenditure ratio there will probably be no profit to be made as it will all be taken up with expenses even if you don't use an agent.

    If you do appoint an agent make sure it's an...
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    All landlords need to realise that properties are...

    All landlords need to realise that properties are subject to a risk assessment under the HHSRS, and this should have been identified by her. It looks like it is a Category 2 hazard. A report to an...
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    Thanks for the correction; I should have...

    Thanks for the correction; I should have mentioned that.
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    It might also be relevant to point out that non...

    It might also be relevant to point out that non Housing Act Tenancies are not covered by unfair contract terms.
  22. I still feel that even if you were making no...

    I still feel that even if you were making no charge you are still acting as the landlord's agent and therefore bound by all the paraphernalia that accompanies it.
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    What you do is ask all of the agents which you...

    What you do is ask all of the agents which you might be considering, to send you a copy of their Terms if Business, and go through it thoroughly. If you want certain matters including for the...
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    I would also add that if you are unable to arrive...

    I would also add that if you are unable to arrive at a suitable agreement with your agent with regard to payment and/or completion of the work to a satisfactory standard, this could be referred to...
  25. I love the "Victim Surcharge" of £120 because who...

    I love the "Victim Surcharge" of £120 because who is the victim here?

    I also hope this might trigger some action from private tenants who want to find the whereabouts of their landlord via their...
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