Looking at paperwork supplied with his AST from October 2018, a Prescribed Information sheet was included which gave all the names of parties involved etc
Also Quoted on this sheet is the following statement:
Actual address of the Deposit Holder - XXXXXX
Email address of the Deposit Holder - XXXXXXXX
The information I have marked out, belonged to the Management Agents not any Deposit agency
On a backing sheet there is mention of the DPS website, but he never received anything from the Agents or the DPS confirming the deposit - I have just checked online and it was registered - surely someone should have provided him with information, as I found it only by his address as he had no certificate number
Problems with a Management Agency
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The deposit will have been protected and the company with whom it was protected will have a dispute process he can use.
Your son should dispute anything that he doesn't agree with.
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Problems with a Management Agency
My son took a 6 month AST out in October 2018.
In March 2019, the management agency advised if he wanted to stay in the property he needed an extension to the agreement, and charged him £90 for the priviledge - although they gave him nothing in the form of new paperwork. He simply signed a form, paid £90 and got nothing back.
Whilst I am aware that such charges are now not legal, I question the legality of such at that point, as surely in an AST when it is due to end the tenant still has to give one months notice and the landlord two months notice - this was detailed in the AST he signed in October 2018.
The flat he lived in suffered seriously from damp which was creating mould spores. This had been covered with fresh paint, prior to his tenancy starting and no mention made to him. When the problem surfaced, neighbours advised these issues had been present in his flat for several years and the owner refused to get matters resolved.
This had a detrimental effect on his health being asthmatic, and to our deep concern we found his matteress which was only two years old was black with mould spores and needs replacing. This was advised to the agents who refused to act on these complaints at all.
Consequently my son gave notice and has ended this tenancy.
Why the issue now you may ask - simple the Management Agency conducted their exit inspection and have really nit picked with issues. Many of which he had brought to their attention verbally (sadly) as they were only a hundred yards from the flat. These included faulty fittings (a kitchen roll holder, which broke soon as a roll was placed on it), marks on walls etc. One particular fault they raised was that the bathroom smelled !!! This was attributed to another complaint raised by him, in as much as the shower was a wetroom and the pump to drain it never functioned properly and water often remained either on the floor or in the pipes. No action was ever undertaken as the Agents claimed the landlord had been quoted £15000 to sort the plumbing out.
They claimed that grouting and tiles were dirty, skirting boards dirty and so on - this we know to be a total lie. They have not provided any photos etc, but we know from our own experience trying to photograph a tiny bit of dust is nigh on impossible.
They also claimed a bit of dust on top of a storage heater was unacceptable and they needed to get professional cleaners in - my wife who cleans properties professionally herself, had helped my sons mother, clean the flat extensively a week prior to their inspection which they held after the keys had been returned to them and he had left the area. The week prior to the cleaning, the agents had inspected the property whilst showing would be tenants around and had commented to my son that the flat was in very good condition, when my son again pointed out some of the issues previously raised, they verbally said not to worry as that would be deemed wear and tear in anycase.
They had refused to co-operate with my son regarding the exit inspection saying we only do it after the keys are returned and then on specific days only. The days they do it, my son would have to take time off from his new job, and then have a 6 hour return train journey to attend and return home. They were aware of this when he gave his months notice to them.
We are opposing their claim with regard the Deposit and I wonder how many of the other points I can be justified in raising, particularly as to the integrity of this Agency, who seem to be endeavouring to get money in any way they can, now that previous means have been made not legal for them to charge.
Thanks for any guidance offered - I only wish he had informed me of all the issues back well before he paid money to them in April.Tags: None
Latest Activity
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by LawcruncherI am not sure the law is entirely clear here. My understanding is that accepting a defective notice is not enough. The landlord must additionally have acted on the notice so that he will be prejudiced if the tenant does not leave. Does anyone know a case on the point?...
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Channel: Residential Letting Questions
14-12-2019, 08:38 AM -
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by Farah VI have a tenant who gave me less than a fortnights notice to quit at the end of November. I was thrilled as I'd been agonising over how to remove her. She was due to leave tomorrow, but sent me a WhatsApp message on Wednesday telling me she intended to stay. In addition to this, she has paid about...
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Channel: Residential Letting Questions
13-12-2019, 15:13 PM -
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by marinerOP stated no such info, you inferred it!
A LL can accept a foreshortened Notice as valid provided he does not accept further rent until after expiry of Notice when measne profits are payable..
OP/LL wants legally rid of this T asap.for min cost.-
Channel: Residential Letting Questions
14-12-2019, 04:43 AM -
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by Ted.E.BearNo, the LL did not accept 14 Dec as the last day - they said that they 'accepted' 31 Dec as the last day (or maybe 30 Dec), despite the tenant not actually offering that.
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Channel: Residential Letting Questions
14-12-2019, 02:23 AM -
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by marinerThe NTQ was NOT invalid as the LL accpepted 14 Dec as the last day of Tenancy.
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Channel: Residential Letting Questions
14-12-2019, 02:03 AM -
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Reply to rough cost of repairing a basinby marinerI assume T caused the basin damage, so charge the T for replacing it less estimate for FW&T for lost years of life expectancy since provided new. Thus the Deposit remains intact for other T damage discovered. less FW&T, or combine and use Deposit scheme ADR...
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Channel: Residential Letting Questions
14-12-2019, 01:57 AM -
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Tenants have cracked a basin (it was new when they moved in). The damages outweigh the deposit I have. I got a quote of £200 for a new sink, including labour and disposal of old sink). They have asked how much to just repair it. Can anyone give me a rough idea? Thanks very much.
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Channel: Residential Letting Questions
13-12-2019, 19:42 PM -
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Reply to rough cost of repairing a basinby Ted.E.BearThere are plenty of places that will give a quote - the only figure I've seen (given in a review) was around £160.
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Channel: Residential Letting Questions
14-12-2019, 00:52 AM -
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by Ted.E.BearI don't think that the tenancy ends on 14 December - the notice given was invalid, and the landlord communicated that the notice, as given, was not being accepted. I don't think the landlord can unilaterally change the dates on the notice and expect them to be binding on the tenant.
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Channel: Residential Letting Questions
14-12-2019, 00:51 AM -
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by DPT57In which case write to her again saying that her tenancy ends on 14 December and you will be proceeding straight to court to get a court order to remove her. You will also be demanding mesne profits at a rate of double the rent for any days she occupies after 14th December. Then follow through...
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Channel: Residential Letting Questions
13-12-2019, 23:55 PM -
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