Horendeous Expereince Urgent Advise Required

[Crazy council]

Re: Horendeous Expereince Urgent Advise Required

i will go through these properly after 5pm

The inventory is done properly, but its to general in the description of the areas. I need to check something about your leaving/notice dates, that i suspect, is in your favour.

[Kati]

Re: Horendeous Expereince Urgent Advise Required

Pet amendment:

[Kati]

Re: Horendeous Expereince Urgent Advise Required

I can't believe they're charging you £300+ for the damage shown in the pics It's bl***y ridiculous :sad: (especially seeing as they're cats) ... you should see the damage my ONE cat has done to my OH's leather chair :lol: xx

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

@ Kati. Thank you so much for your help.
[MENTION=15129]Crazy council[/MENTION] Thank you,

I really didn't expect this level of help for a complete stranger, thank you all so much!

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

@ kati £353 including underlay, grippers etc.

[Kati]

Re: Horendeous Expereince Urgent Advise Required

@ Kati. Thank you so much for your help.
@ Crazy. Thank you,

I really didn't expect this level of help for a complete stranger, thank you all so much!

That's what we're here for xx

@ kati £353 including underlay, grippers etc.

I'd be telling 'em where to get off myself ... even TWO cats wouldn't cause that much damage in the time you lived there :sad: xx

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

In all honesty. I cant recall the damage to the first step looking that bad, I suspect the LA/Landlord have pulled the threads out to make a better picture. Obviously I cant back that up with any photo evidence. of before after and leavings.

Regardless of what happens if we end up paying the full asking price we have learnt a valuable lesson. We will photograph and document everything with signatures and copies of all requests and approvals from now on.

Regards
Geoff.

[Crazy council]

Re: Horendeous Expereince Urgent Advise Required

Hi, some points

periodic or fixed term, your original contract is a 12 month, if nothing was signed after that, then you were on a periodic tenancy and were only required to give one months notice.

http://england.shelter.org.uk/get_ad...odic_agreement

But if you did , resign a year ago, then your on a fix term tenancy, and the contractual end date would be the end of that tenancy ( section 21 notice )

So, on rent owed, periodic tenancy , none owed, fixed term, that month could be owed, but there is more to consider

Section 7 of your tenancy deals with ending the tenancy, and its the reason i asked before when you handed the keys back to the agent.

section 7.1 , on top of what it says, there is provision for something classed as general wear and tear, and this is especially relevant to carpets, even more, general walkways and stairs. after 2 years, you would have to be levitating to not ware a carpet

So the agents argument would be any faults in the inventory, are more than general wear and tear. not just there is more wear..

section 7.3 You handed the keys back, and the agent acsepted them.

Due to Section 21 being issued on the weekend, the we called the LA up on the very first business day which was the 1st of June 2015 to confirmed verbally our intention to move and then we handed posted a letter through the office letter box that evening confirming that our last day in the existing property will be the 30th June.

We then proceeded to sort the house out, and handed keys in on the 22nd June

The LA will have a problem with teh above, because they accepted the keys back, and in your opinion, had formally accepted the end of the tenancy that you had notified them both on the phone and by letter.


Let me Finnish this later, i have seen some other parts in that agreement that are relevant, both for and against you... and i will have a look through the inventory's

there is a slight bit of confusion in that agreement, over handing the keys in and ending the tenancy, in parts, it says the tenacity is over on the last day regardless, but in an other, it states the tenant is responsible for the property until they had the keys over. its in the first schedule. ( lol, the part of the DOWNLOADED tenancy agreement that they added/wrote ) Personalty, i always got a solicitor to check over any extra terms added to tenancy, just to make sure

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

@Crazy council thank you for your time so far, I have just read the points you raised in the AST. I'm assuming at this point, the AST is in contradiction with it self, specifically relating to points regarding the ending of the tenancy and rent owed, surely this means the contract is non enforceable in the courts as its in contradiction?

We really look forward to your follow up a little later. Thank you so much for sharing your wisdom!.

Regards
Geoff

[Crazy council]

Re: Horendeous Expereince Urgent Advise Required

specifically relating to points regarding the ending of the tenancy and rent owed, surely this means the contract is non enforceable in the courts as its in contradiction?

it would not have made the contract invalid, or not inforcable, but it would have made any of the terms unenforcable, its contradicorty, over when the tenacy ends, specificaly arround the agent getting the keys.

I will go through the inventory later.

At this stage, i would prepare a stearn letter to the agents, with all the points raised, demanding tht they act accordingly. I will put up later as many of the point that i can see, ( let me finnish looking thorugh it first )

For example, it says about carpets being professionally cleaned. You can professionally clean them, it doesnt meen that you have to pay to use a firm, if the agent thinks they have not been professionally cleaned, can they supply you with proof.

The burdon of proof of undue damage or wear is on them, i suspect there just laying it on thick hopeing you dont challange it.

make sure you tell them that your challenging there claim asap..

[Crazy council]

Re: Horendeous Expereince Urgent Advise Required

specifically relating to points regarding the ending of the tenancy and rent owed, surely this means the contract is non enforceable in the courts as its in contradiction?

it would not have made the contract invalid, or not inforcable, but it would have made any of the terms unenforcable, its contradicorty, over when the tenacy ends, specificaly arround the agent getting the keys.

I will go through the inventory later.

At this stage, i would prepare a stearn letter to the agents, with all the points raised, demanding tht they act accordingly. I will put up later as many of the point that i can see, ( let me finnish looking thorugh it first )

For example, it says about carpets being professionally cleaned. You can professionally clean them, it doesnt meen that you have to pay to use a firm, if the agent thinks they have not been professionally cleaned, can they supply you with proof.

The burdon of proof of undue damage or wear is on them, i suspect there just laying it on thick hopeing you dont challange it.

make sure you tell them that your challenging there claim asap..

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

Thnak you @Crazy council.
I look forward to reading your feedback. I have been in discussion with the LA for several days now and told them outright that we will contest the costings for the carpets et el. This particular point is just going backwards and forwards with them via email. I have advised them that I would give without prejudiced an offer on the carpets as long as the LA/Landlord can provide receipt for when the Carpet was laid.

Landlord has point blank refused to provide this information. I would have used this receipt to work out the 2 years - £50 per year against their quotation as advised in the DPS help files for damage to carpets and claims and for fair wear and tear. I suspect the landlord know these carpets have been down for several years.

The LA/Landlord have split the cost for the carpets, so part of it is being requested out of the Deposit and the remainder will be chased in a court claim.

Via the Deposit Protection Service I have not allowed any monies to be deducted for this. And I'm still waiting for the LA to agree to the Free Resolution service for the remainder of the deposit they are contesting.

Regards
Geoff.

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

Hello All.
Thank you all so much for your time and advise so far.
Today the LA has sent us a break down of the cleaning costs as carried out by a contractor.
They have cleaned the entire house and including Carpets. They classed this has a deep clean.

The cleaning costs are to be taken out of our deposit, and based upon the checkout inspection, areas identified and photos provided we have surrendered part of the deposit for the cleaning for the Bathroom / Kitchen only as these are the only areas mentioned and photos provided for.

This money has been taken from my deposit, so am I right to think that is the end of the matter regarding the cleaning or can the LA/Landlord still demand the remaining monies? In addition to the above, the provided receipt of the cleaning completed has not got the right house number, we were number 7 they have it as work against number 5, should I point this out to the LA? Is this of any importance? we are not wanting to be difficult with the LA, just trying to do the right thing.

Regards
Geoff

[Crazy council]

Re: Horendeous Expereince Urgent Advise Required

Hi

Has this been through the DPS yet, or is it just the LA telling you that.

At this point, its what the DPS admins say, not assurances from the LA.

[Sunnburn1979]

Re: Horendeous Expereince Urgent Advise Required

Hello @Crazy council.
The LA initially requested the full deposit through the DPS which I contested
They then threatened me with court action and provided a court document that listed all the things they wanted money for in addition to the items in the DPS, this list also had some cross over items.
They said this court document / claim would be posted first thing if I didn't release the DPS deposit in full that night.

Trying to prevent court action, I released part of the DPS deposit for the items I agreed with, they wanted £350 for the cleaning, I released £100 as far as im concearned it was only the Kitchen/Bathroom that required work, this was based upon what was identified and listed in the orginal checkout inspection and photos provided to support he LA claim. I disputed the other items costings.

Its my understanding this should now go to DPS resolution and I'm awaiting for the LA/Landlord to agree to this.
The DPS are stating " As this deposit has been partially repaid but we do not have consent to ADR from both parties" I can see the monies I have agreed have been paid to the LA on the 12/08/2015

Does this help?
Regards
Geoff