Moral Dillema DPS related... Please help

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    #16
    Originally posted by MaverickPropertyManagemen View Post

    I must admit, I find it refreshing to hear from someone who wants to use the 3x rule to punish a bad LL rather than from a pure money angle.

    Kind regards,

    John
    Money is just money, i get it every month, i spend it every month.. If i go for the pure money angle it surely makes me as bad as my landlord?! Who was unwilling to spend it to give us a comfortable stay!!

    As much as i'd like the money to blow on 8 Plasma screens, i dont want to put the small letting agent out of business

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      #17
      Originally posted by cm1234 View Post
      Money is just money, i get it every month, i spend it every month.. If i go for the pure money angle it surely makes me as bad as my landlord?! Who was unwilling to spend it to give us a comfortable stay!!

      As much as i'd like the money to blow on 8 Plasma screens, i dont want to put the small letting agent out of business
      You either have a very big deposit (and then they probably don't have to protect it!) or some very small plasma screens....

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        #18
        Originally posted by Wickerman
        The whole point of the TDS schemes is to make the scheme (or agent) act as stakeholder. If using the insurance backed schemes, you are definitely stakeholder. If using the custodial scheme the agent is quasi stakeholder as whilst they have to get both parties consent to money dispersal they have to convey that to the third party that holds the money.

        I know NAEA required deposit money to be held as stakeholder pre-TDS days.
        Thank you for that, I didn't quite think about it in that light, although it does make sense. Basically if the deposit is subject to the TDS then you are going to be a stakeholder by default regardless of what you want to write in your AST.

        Thanks again.

        John

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          #19
          have decided not to submit an N1 form against the letting agent. I dont want to take them under (if it were possible that this situation would)

          (You can get 40" samsungs now for around £500)

          But i am thinking about submitting an N1 form against the landlord;

          We were not fully allowed to enjoy the 1/2 the premises during the winter period, as the front door was Bowed and had a constant flow of freezing air coming through it (With economy 7 heating, meant that by the time we were home from work the flat was freezing again!). We showed the landlord within the first week of moving in and he promised to get it done. Obviously when winter kicked in he still hadnt done it.

          Both me and my partner sometimes slept in the living room, showered at friends, had a minimum of 3 weeks off work each due to cold/Flu like symptoms.

          Now my next question would be how to quantify this into cost? as i purely want to hurt the landlords bank balance.. this is the only way to do it.

          Comment


            #20
            Originally posted by cm1234 View Post
            have decided not to submit an N1 form against the letting agent. I dont want to take them under (if it were possible that this situation would)

            (You can get 40" samsungs now for around £500)

            But i am thinking about submitting an N1 form against the landlord;

            We were not fully allowed to enjoy the 1/2 the premises during the winter period, as the front door was Bowed and had a constant flow of freezing air coming through it (With economy 7 heating, meant that by the time we were home from work the flat was freezing again!). We showed the landlord within the first week of moving in and he promised to get it done. Obviously when winter kicked in he still hadnt done it.

            Both me and my partner sometimes slept in the living room, showered at friends, had a minimum of 3 weeks off work each due to cold/Flu like symptoms.

            Now my next question would be how to quantify this into cost? as i purely want to hurt the landlords bank balance.. this is the only way to do it.
            Your claim would be for damages arising out of breach of the LL's repairing obligations under LTA 1985 s.11.

            Damages are quantified in 2 ways:

            Special Damages

            Loss of earnings
            Damage to property etc
            Increased energy bills (the difference between the normal usage and the increased usage)

            And any other similar losses

            General Damages

            Pain and suffering (in your case, illness).

            Loss of amenity (in your case, enjoyment of the property). The tariff is approx £2500PA, but if you can ask the court to quantify these damages on a higher "wasted rent" basis if you live in a desirable property.


            However, you may have trouble proving that his failure to repair the door caused your cold/flu as people get colds and flu in the winter in any case. Depends really on whether you went to see your doctor and what he thought at the time.
            Health Warning


            I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

            All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

            Comment


              #21
              Your reasoning seems a little astray to me. You want to claim for the non protection of the deposit (which apparently should have been done by the LA) because the LL didn't fix a door? Surely the answer would have been to get the door fixed yourself and deduct from the rent?

              Comment


                #22
                i agree, but the when something is promised to you, when do you feel you have to do it yourself?

                I dont agree with the american style "Sueing" system we now have in this country.

                The LA made a mistake which could cost them big, im not poor i dont need their money.

                The landlord on the other hand is a complete idiot and in my eyes should be taught a lesson that he cannot and should not get away we being a bad business man, looking after himself over his tenatns (Namely holidays and other un neccessary purchases)

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