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Jul, 2014

Wednesday

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  1. That would automatically void the Notice if any...

    That would automatically void the Notice if any letter contained such information.
  2. I understand that when a transaction is "business...

    I understand that when a transaction is "business to business" then it is assumed VAT is payable and therefore does not even have to be mentioned. When, however a consumer is involved then VAT...
  3. This is to do with the Consumer Credit Act...

    This is to do with the Consumer Credit Act legislation I believe, and it is the opinion of David Beaumont who is a Compliance Consultant to the lettings industry so I think he knows what he is...
  4. Are Agents aware of the new CMA requirement about fees?

    The CMA’s (Competitions & Markets Authority) view that all charges quoted ought to include VAT and not be quoted as VAT exclusive.

    This is not new when actual figures are being quoted and there...
  5. Thread: ARLA logo

    by PaulF
    Replies
    2
    Views
    181

    I would add this is a criminal offence, and if...

    I would add this is a criminal offence, and if you contact ARLA they will take steps to send a curt letter to the agent instructing them to cease using the logo and to give a written undertaking that...
  6. Was the AST signed and executed as a Deed as it...

    Was the AST signed and executed as a Deed as it should have been? If not then you might not have a fixed term tenancy but a monthly periodic tenancy from inception. What do others think is the case?
  7. Replies
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    836

    Lawcruncher, Don't you mean the agent has no...

    Lawcruncher,

    Don't you mean the agent has no authority in your first sentence, as the second one appears to contradict this?
  8. Replies
    5
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    264

    Tenant has contract with Water Utility Co, not...

    Tenant has contract with Water Utility Co, not landlord, and is/was able to insure against loss of metered water. If they chose not to insure then it's hardly the landlord's responsibility.
    ...
  9. Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013

    I hope everybody is aware of the above regulations that came into force last Friday 13th June.

    Although it doesn't affect tenancy agreements with regard to the mandatory 14 days "cooling off"...
  10. Thread: Deposit Question

    by PaulF
    Replies
    2
    Views
    277

    That's why you should always use "subject to...

    That's why you should always use "subject to contract" on all negotiations prior to a tenancy. Few people seems to use it.
  11. Replies
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    1,064

    It doesn't alter anything in law even if your...

    It doesn't alter anything in law even if your landlord thinks it does. You cannot be forced to sign a new agreement so just hold tight. Even if you were to sign a 'lodger agreement' if your...
  12. Replies
    1
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    312

    You check the ingoing inventory against the...

    You check the ingoing inventory against the outgoing inventory and that is about it. The onus of proof is on the landlord, not the tenant. If the ingoing inventory is not thorough enough then the...
  13. Your only way to really address this is that if...

    Your only way to really address this is that if they fall behind by two months payments. i.e. if they are behind by one month, then if they don't pay when the next one is due they have missed two...
  14. Replies
    3
    Views
    304

    You really should be talking to your solicitor...

    You really should be talking to your solicitor and am surprised you haven't received more detailed advice. Will the freeholder allow you to sub-let to AST tenants (gender orientation is irrelevant)...
  15. Replies
    6
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    287

    Just tell your landlord about the previous...

    Just tell your landlord about the previous furniture being non-compliant and take your furniture with you as you are entitled to do.
  16. Replies
    8
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    361

    A premium lease is one where a payment is made in...

    A premium lease is one where a payment is made in order to secure a tenancy, and was known as "key money" many years ago. It is still common in commercial leases in prime locations.
  17. Replies
    8
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    361

    As applicants you're going to find it very...

    As applicants you're going to find it very difficult at the prospective rental figures you're looking at, if not impossible.
  18. Tenant cannot be bound by landlord concerning...

    Tenant cannot be bound by landlord concerning broadband provider as the contract for the service is between provider and consumer.
  19. Replies
    11
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    479

    Any method of service of Notices should be...

    Any method of service of Notices should be defined within the AST.
  20. Replies
    6
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    220

    No, it's only if one of these has completed the...

    No, it's only if one of these has completed the form - hence 'delete as appropriate'. I thought this might be obvious.
  21. Replies
    4
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    339

    Not necessarily, and the agent cannot make the...

    Not necessarily, and the agent cannot make the applicant "forfeit" the deposit if they pull out. They can only make "reasonable" deductions to replicate their actual costs incurred, but what is left...
  22. In Pain Smith's blog the following is a warning...

    In Pain Smith's blog the following is a warning to landlords wishing to claim double rent jeopardy:

    "A landlord can recover his double rent in the normal manner from the tenant’s deposit or...
  23. Replies
    2
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    122

    London based solicitors are much more expensive...

    London based solicitors are much more expensive than the rest and you need a specialist in this field. Some even advertise on the site or didn't you notice?
  24. Replies
    4
    Views
    113

    You need to familiarise yourself with the Spencer...

    You need to familiarise yourself with the Spencer v Taylor case in the Court of Appeal, as a S.21 (1)(b) Notice is deemed to be acceptable even though you now have a Statutory Periodic Tenancy,...
  25. Change agents as they appear to be in breach of...

    Change agents as they appear to be in breach of their common law "Duty of Care". I don't think you would need to give any notice period if they are as poor as you say.
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