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May, 2015

Wednesday

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  1. Lawcruncher and me (and others) have covered all...

    Lawcruncher and me (and others) have covered all this in another thread some time ago. The EAA 1979 is quite clear in the requirement for an agent to obtain explicit written instructions from a...
  2. I think any apparent wrongdoing by the agent will...

    I think any apparent wrongdoing by the agent will not be covered as TPO does not act retrospectively, prior to an agent being a member, so you will just have to put it down to experience. You could...
  3. It might be legal but is it compliant? If...

    It might be legal but is it compliant? If clauses concerning a sale do not meet S.18 of the Estate Agents Act 1979 (which I can guarantee will not be the case in a lettings terms of business) then...
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    Just scroll down the threads page as there is a...

    Just scroll down the threads page as there is a lot of advice and discussion on this subject that doesn't need more repeats.
  5. Thread: Haart

    by PaulF
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    There's an Act called "The Consumer Protection...

    There's an Act called "The Consumer Protection from Unfair Trading Regulations 2008" which applies to all providers of services to consumers. Just Google it for lots of detail, as there is a...
  6. The day the tenancy started.

    The day the tenancy started.
  7. It always amuses me when an agent states 'I...

    It always amuses me when an agent states 'I confirm you signed a contract............', as though everything within it is Gospel, and enforceable. You don't appear to be a valued client as much as...
  8. Just on the subject of VAT and its inclusion...

    Just on the subject of VAT and its inclusion within fees, I've just received this through Linked-in from David Smith of Anthony Gold solicitors, who states that VAT inclusion has been a requirement...
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    A Labour Government would probably reduce the...

    A Labour Government would probably reduce the number of rented property coming to the market by as much as 50% within the lifetime of that Parliament as landlords withdrew from the market. Keep 'em...
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    The contract for telephone services is between...

    The contract for telephone services is between the supplier and the consumer, i.e. BT and the tenant. As the tenant has instructed a BT engineer to call I would point out that the cost is probably...
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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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    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...
  15. 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...
  16. 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.
  17. 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...
  18. 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...
  20. 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...
  22. 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...
  24. 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...
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