Grampa Posted June 3, 2015 Report Share Posted June 3, 2015 yes Link to comment Share on other sites More sharing options...
karenrobinson Posted June 3, 2015 Author Report Share Posted June 3, 2015 How can I get the scanned copy of this agreement to you to have a look at the wording (If you have the time). I need to reply to the solicitors this week. Link to comment Share on other sites More sharing options...
Grampa Posted June 3, 2015 Report Share Posted June 3, 2015 I have sent you a pm Link to comment Share on other sites More sharing options...
karenrobinson Posted June 3, 2015 Author Report Share Posted June 3, 2015 Thank you Grampa for your correspondence. You have been a great help to me and you have educated me in this matter, xx Link to comment Share on other sites More sharing options...
karenrobinson Posted June 8, 2015 Author Report Share Posted June 8, 2015 Update......... My reply to Solicitor..................... Dear Sir/Madam, We have yet to be notified of a definite move date for our new property so I am unable to furnish you with the information you require at this point. We have been informed that the current tenant is expecting to vacate the week commencing 22nd June so we expect it will only be a matter of days thereafter. When we receive confirmation we will notify you at the first opportunity. With regards to the arrears, we have no means to pay as we are both unemployed. As we previously informed you, we were entitled to Housing Benefit but your clients non compliance prevented us from receiving it and the time limit has now passed for that claim and the claim has been closed. I have received correspondence from Wakefield Housing on 4th June informing me you have made an attempt to claim the rent directly from them. The payments have now been suspended whilst I reply to them with the information they require from me. That said, before the suspension I received a housing payment from my new claim (after your office supplied me with an address of your client for which notices could be served) of £278.68 which I paid directly into your clients bank account on the 3rd June. With regards to the Guarantor, it is no longer applicable as the guarantor was between the previous Landlord and witnessed by the acting Estate Agent who does not represent your client for this tenancy. There is no current valid guarantor agreement between your client and my Father. With regards to the bond, we can still make a civil claim as the initial requirements of a bond protection scheme were not complied with. There is a 6 year limitation for a tenant (or ex-tenant) to make a claim. Section 214 Housing Act 2004 provides that where the court is satisfied that the deposit was not protected within 30 days (or prescribed information not given in that time-scale), the court must order the payment of between 1 and 3 times the deposit - (4) The court must order the landlord to pay to the applicant a sum of money not less than the amount of the deposit and not more than three times the amount of the deposit within the period of 14 days beginning with the date of the making of the order. Could you please supply me with the act which states I am not legally entitled to make a claim. Their response.............................................. Thank you for your email of 7 June 2015, the contents of which are noted. We believe that our client will wish to pursue a claim for rent arrears and will also pursue the guarantor for these if you fail to pay them. We do not agree that the guarantor is released as the original tenancy agreement remains in place by you holding over under its terms in possession. We are not in a position to give you legal advice on whether or not you can or cannot bring a claim under Section 214 Housing Act 2004 as we do not represent you and should you wish to have advice on the matter you should take independent legal advice. Link to comment Share on other sites More sharing options...
Grampa Posted June 8, 2015 Report Share Posted June 8, 2015 Ha Ha You can bet your life they would have told you the act if you were incorrect. But hey are quick to give a reason why they believe the guarantee is still valid though. Which I think (but not 100% sure) is correct. You can threaten to counter claim any rent arrears claim with a deposit non-compliance claim and providing your claim is potentially more than their it puts you in a stronger position. Link to comment Share on other sites More sharing options...
karenrobinson Posted June 8, 2015 Author Report Share Posted June 8, 2015 I thought the same Grandpa re 'we cannot advise you' lol. I have already told them our counterclaim far exceeds any money owed to them and I thought they would have bitten, but it seems not ! The rental agreement is with the former Landlord and also signed by the estate agent and is now on a monthly roll so does it carry over whenn he bought the property?. Again New landlord did not provide a new rental agreement. The problem is I'm dealing with Indian mentality and having worked for Indians and lived amongst them in the Middle East I am fully aware of how they operate. It's a law unto themselves and a dogheaded approach. Link to comment Share on other sites More sharing options...
Jhieko Posted June 9, 2015 Report Share Posted June 9, 2015 Well, just find ways what you can do with your problem. Good luck Link to comment Share on other sites More sharing options...
karenrobinson Posted June 10, 2015 Author Report Share Posted June 10, 2015 Thank you Jhieko. I have lived and worked with some of the kindest Indian people I have ever come across. But I do find when it comes to a business relationship, it's different rules and a different mentality. I'm sure it will all work out - eventually lol. I will post the outcome when it is attained. Link to comment Share on other sites More sharing options...
Mortitia Posted June 11, 2015 Report Share Posted June 11, 2015 That is a general Asian thing Karen, years of travelling in the middle and far east have informed me of that. I don't know if you watched 'the Enforcer' on ITV Weds eve:- An Asian kebab shop owner owed the Asian supplier of his restaurant kitchen £70K. Kitchen supplier after 4 years attempting to collect the debt got a High Court Order and everything from the premises was removed early one morning. Kebab shop owner was lying through his teeth that the debt was not his eventhough very recent invoices confirmed his ID. The death threats to the white male enforcer were nasty. The kebab shop remains closed. They don't like it up 'em even from their own kind. Link to comment Share on other sites More sharing options...
Richlist Posted June 11, 2015 Report Share Posted June 11, 2015 The Scottish are even worse. In spite of: * Loosing an independence vote. * Receiving more per head than the English, Irish or Welsh. * Having their own devolved parliament. They still want more money and want to break up the union. I wouldn't blame anyone for refusing to deal with them. The more they get the less there is for everyone else. This is likely to end badly for all concerned. Link to comment Share on other sites More sharing options...
Mortitia Posted June 11, 2015 Report Share Posted June 11, 2015 Repatriation of all Jocks is the way forwards and re-build Hadrian's Wall - will help unemployment in the north east. Should I stand for Parliament? Link to comment Share on other sites More sharing options...
Grampa Posted June 11, 2015 Report Share Posted June 11, 2015 Which Parliament? Scottish or English? Link to comment Share on other sites More sharing options...
Richlist Posted June 11, 2015 Report Share Posted June 11, 2015 No need for all that nonsense.....we just need a rerun of the battle of Colluden. English win, Scots beaten, problem solved for another 300 years. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 11, 2015 Report Share Posted June 11, 2015 Mortitia, why would you want to rebuild the wall and give Sturgeon features more land? hadrian's wall vs scottish border - Google Search Link to comment Share on other sites More sharing options...
Mortitia Posted June 12, 2015 Report Share Posted June 12, 2015 Thanks for that geography lesson Cor - It could have been a major set back to my election ambitions (to the English Parliament)! Link to comment Share on other sites More sharing options...
Richlist Posted June 12, 2015 Report Share Posted June 12, 2015 Hadrians wall would make a good redevelopment project for a landlord at the right price. Lots of potential, lovely views and it would help solve the housing crisis. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 26, 2015 Report Share Posted June 26, 2015 Grampa could you clarify a point from this thread please? Rent isn't due until a valid address for service is provided by the LL. Once that address is provided, at a later date, is the rent lost by the LL? Or is the back dated, so far unpaid rent, then due? Link to comment Share on other sites More sharing options...
Grampa Posted June 27, 2015 Report Share Posted June 27, 2015 All rent is payable (including back rent) as soon as an valid address is provided. I can see this is really only relevant if a landlord has or is planning to serve a section 8 for rent arrears as it will make the notice invalid until the address is provided and then a new s8 will be needed. But I can also see if there was a court hearing (via s8) and a address wasn't given I doubt very much a judge would pick up on it and would give a possession order unless it was pointed out to him. Link to comment Share on other sites More sharing options...
Carryon Regardless Posted June 27, 2015 Report Share Posted June 27, 2015 Thanks Grampa. Link to comment Share on other sites More sharing options...
karenrobinson Posted July 2, 2015 Author Report Share Posted July 2, 2015 Grampa, it gets better............ The kids have now vacated he property and the keys returned to the estate agent of LL's choice (He now has the property advertised via an estate agent). We have sent written cancellation of gurantor agreement. Here's the good part............LL has now rung the police to accuse the kids of theft of items from within the premises and is attempting to have them arrested for said theft. At the back end of last year the kids asked LL to remove a bed and dining table as they had no use for them. He allowed the kids to remove the items, the bed was actually taken by one of his members of staff from the restaurant he owns below. Whilst I advised the kids at the time to get written confirmation, and they DID continually ask him for written consent, LL failed to furnish them with written approval. This is the best bit tho, during one of the meetings between LL and the Kids some months ago, I had the kids record the 32 minute conversation. Quite clearly within the conversation, the LL is heard acknowledging his knowledge that the items had been removed and he didn't need to receipt them as he knew about it and had agreed to them doing so.............Hmmmmmmmmmm. Can we sue the rotter for wrongful alleagtions of theft??????? The kids even left some items for any new tenant....a matching microwave, kettle toaster and hoover. Naturally I had the estate agent receipt us for the return of the keys AND the property we left for the new tenant. In fact I told the estate agent we had left them as the next tenant may not have said items so it was something they didn't have to purchase if they were on a tight budget. This LL is unbelievable!!!!! Link to comment Share on other sites More sharing options...
Richlist Posted July 2, 2015 Report Share Posted July 2, 2015 Well not really unbelievable. There are good and bad landlords just as there are good and bad tenants. The difference is that landlords have the sense to check out the tenants. Unfortunately tenants don't ever make the effort to do the same with the landlord. Consequently many find their landlords don't perform as they would like. Only got themselves to blame really. Link to comment Share on other sites More sharing options...
karenrobinson Posted July 2, 2015 Author Report Share Posted July 2, 2015 Well, we are making sure this LL is not getting away with it!!! Link to comment Share on other sites More sharing options...
karenrobinson Posted July 2, 2015 Author Report Share Posted July 2, 2015 And the LL bought the property midway thru the tenancy so they had no choice in the matter! But yes, LL's should be checked out!!! Link to comment Share on other sites More sharing options...
Grampa Posted July 2, 2015 Report Share Posted July 2, 2015 I don't think you could sue the landlord unless you have had a material loss/cost due you his actions. I would have thought the police would be interested in your tape (if their not too busy eating doughnuts) as there is a good argument for wasting police time and false allegations. Also to prove missing items he (landlord) would normally need a signed (by the tenants) inventory which would/should have be signed at the beginning of the tenancy. Good luck Link to comment Share on other sites More sharing options...
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