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Stressed John

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Everything posted by Stressed John

  1. I asked plenty of questions regarding my enjoyment of the property as described before moving into the property. I went through the 70 page contract with a fine tooth comb. The agents seemed suprised. You are right, however, that I did not ask those specific questions. i.e: "Will anyone be installing scaffolding out side the window?" "Will anyone be cutting off the electricity to lights/doors at random times?" "Do I have to share the room with a knife-bearing mugger?" "Are there additional tenants sharing the house that you have deliberately hidden from my attention?" "Does anyone intend to install a missile battery on the roof?" Clearly the implications of what you say are ridiculous. Just because those questions weren't asked doesn't mean it's reasonable for them to be imposed on me for the duration of the contract. I did indeed establish the suitability of the property for my needs. However, if you are familiar with the terms 'misrepresentation' and 'breach of contract' then the rest of my argument is pretty self-explanatory. I often come across pompous people who have no qualms about taking others for a ride.......you appear to fall into this category. However, as I don't know you, I am willing to give the benefit of the doubt in this instance and assume you have a temporary chip on your shoulder. Anyone got any better comments?
  2. Dear experts of the Residential Landlord forum. I am looking for some advice on what to do when, shortly after you move into a place, inconvinient remediation works begin to the block's facade which the landlord/agent failed to tell you about. I live in a duplex/maisonette towards the top of the block. We received a letter through the door from the newly appointed contractor about the 'imminent remediation works' to the building's facade. They have since erected scaffolding all around the building. What's more, the works are due to last until March 2013. The problems I have with this are manyfold: SECURITY. What previously had to be accessed through a security door (operated by key-fob) can now be reached via a convienient ladder in the form of scaffolding (i.e. my bedroom's balcony). There is also a handy platform right next to my balcony now. It was especially agreed with the landlord that I could store my bike on the balcony in the absence of other space, but now that seems like a crazy idea. Had they informed me about the upcoming works I would have looked at other options. The contractors have also managed to cut the electricity to the aformentioned security door, so that it is in a permanently unlocked state. As a result of these both, the block is basically a burglar's paradise (last year my old dear neighbour had £7k in cash robbed from her in a series of robberies, and that was with the security measures in place). I was mugged last Thursday (first time in my life) and am not prepared to take risks in this area. VIEW/LIGHT. What was a nice view of the park is now obscured by poles and another platform at the level of my room's ceiling mean less light gets in. DISRUPTION. The works are happening in the day but on any days I don't work or when I occaisionally work from home will be disrupted by the works. Today they cut the power between 0800 and 1600 (I was at work). One of my windows won't open properly because it is blocked by a horizontal pole at a high level. One day of leave that I already took was marred by noise of drilling etc. The landlord/agent must have known about these works as the letter implies it has been on the cards for a while. If I had known about them I would not have chosen to pay the agreed sum each month. What can be done/is usually done in these situations and how can I go about it? Many thanks
  3. For those who are interested... I thought my landlord may attempt to address the damages issue separately, but it seems I overestimated his intelligence. On moving out day, we worked out the extra rent I had paid, and then he handed me a bill for the disputed damages and suggested a deduction! After a two hour battle of refusing to accept this suggestion or return keys, he eventually gave me a cheque for the full amount. He was unhappy about it to say the least. The cheque has cleared, and I am home dry, but I still have the evidence/bill and think I will ping an email off to the county council nonetheless. They can deal with him.
  4. Hey Trenners, thanks for the response, much appreciated. I would be prepared to carry out these things. I think this situation would only arise from a very stupid landlord or one who underestimates the savviness of their tenants. I think that given that it's not hard for both Ts and LLs to educate themselves around the laws that surround these things, real life situations where they can be enforced are rarer than some people think. When money is on the line, and in the case of most LLs it;s their occupation, such dumb moves are rarely made blatently. It's like a game of chess or poker, and if you're playing for money you're unlikely to make schoolboy errors. My LL is the prime example. It seems he knows the law through and is trying to use its loopholes to his advantage. Let me explain with an update to the situation: it seems he is suggesting he WILL return any 'surplus rent' (his email however was so carefully worded that it's hard to tell). My issue now however is that he seems to want to handle the issue of 'damages' separately, and is leaving it to me to 'suggest a solution' in writing. Im not falling for that. Basically, I caused some further damage to something because it was already damaged, beyond repair and not fit for purpose. Its faulty nature caused me to hurt myself in the process. My first port of call is to re-explain what happened as calmly as I can. However if he chooses to ignore reason, he will have a fight on his hands. I think this might now be a legal matter beyond the remit of this forum.
  5. Hi Grampa, that's exactly right. Next payment was due beginning of following month. So in total I have made equivalent of 7 months payment for 6 months stay. I think his stance is that it's 'rent money,' more to follow..
  6. Thanks for the reply. The contract just says £X per month. I have an early email from him requesting the 'two months rent' to begin with. No mention of deposit. I returned with 'paid your one month + deposit.' That was the verbal understanding after all. It's too late not to pay last month's rent. I already have, thinking I would be due back some 'deposit.' I will have to reclaim it somehow. I suspect he will make this difficult..
  7. I paid by standing order, each month titling the payment as the month. i.e. first month rent + deposit, then 2nd month, etc. He would probably argue he opted not to take a deposit. I will be due to leave bang on 6 months. Which means he will not be able to use the excess and will have to give me back the 'excess rent' I guess?
  8. Grampa/Cor, Thank you both very much for your responses. Having looked over all his old texts and emails they all only refer to "2 months rent (for the first month)," fortunately I had the foresight to reply with "just paid you the 1 month's rent + 1 month's deposit as requested." I understand a landlord doesnt HAVE to take a deposit, which seems it COULD make it easier to get away without protecting one (by taking informally, then referring to written records and claiming a 'deposit' was not taken, sneaky buggers). Which brings me on to Cor's point. Fortunately I have records of all payments. I am a good rent-payer and owe him nothing for that. There is clearly excess money in his pocket roughly equivalent to one month's rent, due to the amount I paid upfont initially. I believe this makes it quite obviously a 'deposit' to all intents and purposes, even though he likes to call it '2 months rent....' The only thing then is the contract signed as NA under deposit. This might help him avoid a fine and get me my full money back, but I'm not looking forward to the hassle and cost to me of doing so. With the amount of stress I am getting as a result of this, I should already be due compensation!!
  9. Dear expert landlords of the forum, I need your opinions and advice. My landlord is trying to pull a fast one. When I moved in, he made me sign a standard England and Wales contract, EXCEPT he wrote NA in the deposit section and crossed off the bits pertaining to 'deposit protection' on the back of the contract. Instead, he opted to take one additional month's rent upfront as a 'deposit' and bypass the fees associated with protection schemes. He seemed trustworthy at the time and I obliged. Now the end of my contract has come round, he is saying he wants to keep some of my 'deposit' for unjustified reasons (I am happy to elaborate, but suspect it's irrelevant and I do not want to overcomplicate this hopefully straightforward issue). He has many tenants (I estimate around 10 across all properties), has had many more over the years, and I suspect he has not protected any of their deposits. My questions are: What rights do I have? How do I go about getting what I am due? What stands to happen to my landlord if he wishes to fight with me on this? I really appreciate any help/advice, however basic or complex. John
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