AST expired; s.21 notice received; is it valid?

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    AST expired; s.21 notice received; is it valid?

    We have an AST for 6 months which expired end July 2010 so we are now on a periodic tenancy.

    The house belongs to an individual but she pays a managing agent/estate agent to be the 'landlord' to whom we pay rent and to whom we report problems.

    When we moved in one of the three upstairs windows was broken, ie. it was double glazing which had failed, cold air came in round sides but wooden bar was holding it closed. We have repeatedly asked the agent to repair.

    The wardrobe (fitted - backs onto wall which is built into road - old stone cottage) went mouldy fairly soon after we moved in and has made all clothes damp and causes allergic reaction. This is in the room with the broken window. We reported mould and eventually they looked at it and we were told there was nothing they could do as the house was old.

    The window in the other upstairs room then wouldn't open. We reported this. We asked that they fixed it whilst we went on holiday.

    When we came back from holiday nothing had been done but we could tell someone had been in the property. turns out the agent had given the key to 2 diff window companies to get quote but hadn't accompanied them. the window companies had the key and had let themselves in to the property unaccompanied. we complained to the agent who said this was standard practice. we beg to differ.

    they now say they cannot repair the windows for 3 months, meaning windows have not functioned for 6 months and counting/1 month and mould is getting worse.

    Does any one have any advice as to how to proceed? we would rather not be evicted!

    Thank you in advance.

    Rachel

    #2
    Originally posted by rachelpeacock View Post

    they now say they cannot repair the windows for 3 months
    Why can't they?
    Allow tenants to protect their own deposits. I want free money when they do it wrong

    Comment


      #3
      because the window company they chose says they can't do it before then.

      Comment


        #4
        Originally posted by rachelpeacock View Post
        Does any one have any advice as to how to proceed? we would rather not be evicted!
        There is a procedure for tenants wanting to carry out repairs. It must be followed precisely. The link below is from Shelter.

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

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          #5
          we may do it ourselves but I am wondering whether there is any way to complain or action to take about them giving keys out to the property without accompanying people and delaying on repairs.

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            #6
            Another deposit question

            12 month AST. Unprotected deposit. Tenancy has ended. Deposit not returned. Landlord threatened proceedings for damages but no check in inventory. Tenant disputed and threatened Landlord with either counterclaim (if Landlord sued) or Part 8 claim for deposit plus 3x compensation under housing act 2004.

            Landlord says cheque for deposit is on its way. Tenant still wants to continue with claim.

            Is it worth it?

            Any advice appreciated.

            Comment


              #7
              I'm sure the LL is telling the truth (aye, right...)...


              Has he confirmed he's sent cheque in an email ?? If not ask for cheque number by email... If no email, in your shoes I'd use the wonderful recordyourcall...

              http://www.recordyourcall.co.uk/

              'phone him up, explain you want to resolve the matter quickly & simply, you'd like confirmation of the cheque coming & could he kindly advise cheque number. If he won't then continue with claim. If he does confirm cheque number & it doesn't arrive you'll know you have a liar doing business with you.
              (You've downloaded the recording by now..)

              What, no allowed to use the recording?? Well, if it ever gets to court, produce as part of evidence a scrupulously accurate transcript of the call.. If he denies the call content simply wave your iPod (or whatever) in the air & enquire would he/the judge like to listen to it...
              I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

              Comment


                #8
                Thank you.

                Obviously if the cheque doesn't turn up, tenant still proceeds.

                What I was really getting at is has anyone got any experience of trying to get compensation for non-protected deposit even if (presuming cheque arrives)tenant has now got deposit returned? and is it worth the costs.

                Comment


                  #9
                  Originally posted by rachelpeacock View Post
                  Thank you.

                  Obviously if the cheque doesn't turn up, tenant still proceeds.

                  What I was really getting at is has anyone got any experience of trying to get compensation for non-protected deposit even if (presuming cheque arrives)tenant has now got deposit returned? and is it worth the costs.
                  sorry no but we did have a LL settle out of court once for just under the 3 x amount that he forgot to protect - he blamed it on his ex wife!

                  Comment


                    #10
                    artful - the call recording service looks great - is it really foc? How do they make their money?
                    Unshackled by the chains of idle vanity, A modest manatee, that's me

                    Comment


                      #11
                      If the deposit is returned, you are highly unlikely to succeed in a claim for 3x - one of the "ALSOs" for such a claim is that the court must order whoever holds the deposit to return or protect it - and no one wll hold it.

                      IIRC, recording a telephone conversation is totally legit - so long as one of the participants knows (you in this case). It is to prevent others spying on us!

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                        #12
                        Oh really!!

                        I am a landlord and have lost agaisnt a tenant who claimed 3x the deposit even though I returned it.
                        The hearing went ahead without me because I never received the notice and I was down with pneumonia anyway and could not have attended. Judge refused right of appeal, god knows why.
                        The tenants had left the property causing over £600 worth of damage and also owed £400 in unpaid rent thanks to an agent who gave them two weeks rent free without my consent.
                        There is more but I am too upset to talk about it I just think there is no justice in England.

                        Comment


                          #13
                          If you don’t attend court to defend yourself don’t you lose the case by default?

                          One of the problems with courts is people are always saying they have never received the notification to attend.

                          It’s an easy cop out. So they don’t believe you.

                          Comment


                            #14
                            Originally posted by gullarm View Post
                            If you don’t attend court to defend yourself don’t you lose the case by default?

                            One of the problems with courts is people are always saying they have never received the notification to attend.

                            It’s an easy cop out. So they don’t believe you.
                            True, but it's also a Catch-22 situation, isn't it?

                            If montecristosaint believes he did not receive the court summons, would someone not have been obliged to demonstrate in court 'on the balance of probability' that he had [received it]? Otherwise, he wouldn't know to attend and would lose, as happened here.

                            And what if the T deliberately or accidentally gave the court the wrong address for the LL? Then the summons would have been wrongly delivered and LL would indeed be ignorant of its existence. (Can that happen? As you can probably tell, I don't know much about court procedure).
                            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                            Comment


                              #15
                              Angry Landlord

                              The fact is the notice was improperly addressed . I had notified the Court that I was returning home after six months enforced stay with my brother on London because of pneumonia. I could not walk more than 30 yards and could not breathe. It took months for me to recover.
                              That said the judge could have asked for evidence - which I had sent anyway.
                              According to this site and others I should not have lost I returned the deposit in full in February in spite of considerable damage to my flat (£600) and in spite of breach of the agency agreement.
                              I believe I lost because I was not represented, pure and simple and the other side were.
                              The fact is I relied in the agent's issue of a certificate claiming that the definitive insurance certificate from My Deposits would be available in 14 days. I had no reason to doubt this since they had insured a previous deposit.
                              I was in dispute with the agents because of their mishandling of my matters, they had granted a tenancy to a couple only one of whom featured in the ASL who then made a malicious complaint to the Council because an old inactive wire had not been snipped off by the electrician who rewired my flat.The tenants had been told by him that the wire was not live.
                              They then failed to cooperate with my workmen as regards access and I ended up being fined by the Council for not completing required works within the period stipulated by them, quite needlessly.
                              I therefore held them liable for the fine of £400. It did not help that the agent failed to send me the tenants statement to the adjudicator - and I therefore lost the case because I was prevented from making representations to the adjudicator in support of my claim.
                              The second tenancy was no better, in fact worse. The tenants, realising that I had an ongoing dispute with the agents sought to take advantage of the agents; lack of good will and were quite happy to cooperate with the agents various attempts to cause me problems.Like the agents, they refused to let me have a copy of the original tenancy agreement preferring the second version because it gave them two weeks rent free.Hardly honest.
                              When I sought to recover delapidations, believe it or not the agents made a statement to the adjudicator claiming that they had given a two week free rental period to the tenants because "there were no services connected to the property". Scarcely credible as the check in report showed photos with the lights on and that the report stated they had checked that the loo flushed and that the taps worked ok .
                              I have to ask why it is that I keep coming second best in every case - are judges on the take or something?
                              Kingston Court failed even to process my application and part 20 counterclaim that the agents were ultimately responsible and that therefore I should be removed from the Case as regards the return of the deposit.
                              On legal advice I returned the deposit in full even though I had never received it myself in the first place. The agent used it to pay himself fees. Client account rules should apply but I suspect these are simply overlooked by the Courts.
                              In case you think I am being unfairly critical consider the following :
                              Would you believe that following a criminal attack I was left with a broken back in 99 and that following a relapse in the form of a frozen shoulder I had to be place under sedation during which one of my lenders sold a charge on a let property to a company that does not lend money just repossesses. They sent me a letter telling me not to worry about the direct debit - this would transfer automatically. My attempts to protect myself came to nothing as they failed to activate the direct debits they were sent. They then went to Court with the arrears they had engineered and got a possession order because the judge failed to look into the background to the matter.
                              The judge will no doubt say that the lender did not need a reason to call in the mortgage.
                              I have had to hire top lawyers and a top QC to fight the case and with my luck I probably won't win anyway..
                              I am so sick of this country.
                              Last edited by montecristosaint; 28-09-2010, 22:47 PM. Reason: spelling...

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