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  #1  
Old 08-09-2008, 11:46 AM
maybelline maybelline is offline
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Default tenancy agreement and damage

hi, a universtiy student rents a house, sharing with others and signs an agreement with them and pays a deposit for any damages over and above fair wear and tear. some students leave, others come covering the rent for their rooms, some fail to pay altogether and just leave - trashing the place.

one student works all summer and is the last to leave and is then presented with the bill for all the trash/damage and deposit retained which only cover half the supposed bill for cleaning and redecorating

I will PM other info that might be relevant
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Old 08-09-2008, 12:01 PM
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I would be asking for a copy of the quotes regarding the repair for the damage. the landlord is not supposed to be holding the deposit mney, it is supposed to be lodged with the organisation concerned (can't thnk of it at the moment) or the get out clause is the landolord keeps the deposit money but has to take out an insurance policy. (Now why didn't I keep this article in the Daily Mail paper two weeks ago). This is why each student should be signing a seperate tenancy agreement. Now we have to address the present problem.

I would be issuing an N1 for the return of the deposit and putting the landlord in the position that he has to prove what he is claiming. I certainly would not be paying a penny until he comes clean.
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Old 08-09-2008, 12:10 PM
maybelline maybelline is offline
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thanks DL, yes, we used the deposit scheme, I wonder if he needs us to release that to him, he wants to keep the deposit and then has claimed an additional sum on top, several hundred pounds, for cleaning? I know kids can be messy but? I always knew there was a chance the deposit may well go to damage but its the rest I am concerned about and the fact that others dont seem to be paying anything or at least not that we can know about? the letter I received was personal and petty, it does feel like being targeted. I fully accept real damage etc no problem.
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Old 08-09-2008, 12:30 PM
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Was the tenancy agreement in your name or your daughter's name only? I would not be releasing the deposit to him until he proves what damage has been caused and quotatons from three commercial cleaning companies.

Shame there were not photographs of how the house looked at the end of the tenancy. When we lived in rented accommodation whether mlitary or civilian we would take photographs of every room and the yard. if there was any damage it was noted at the beginning of the agreement. We then took photographs of the place when the house was empty and before handing the keys over to the agent. We also took photographs of the electrcity gas and water meters, i.e. the readings so there could be no dispute. I would then ring the relevant ulitity companies and give them the readings for the final bills. Miltary accommodation, no deposit required, but the civilian rentals a completely different matter
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Old 08-09-2008, 12:42 PM
maybelline maybelline is offline
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yes took some photos but not at the end, sadly - tenant had to sleep on friends sofa in the end, all went very badly wrong. I have taken loads of photos of the new place, your hints are useful. I think this is partly behind the hefty fee, the bad feeling which has been growing but again I say, this is down to the activities of other tenants also. seems the last one out is it! -

the landlord would keep turning up unexpectedly and then say, oh but I texted so and so but they were on a different course at a different campus, maybe away etc so no one knew if this was so or not, this started a feeling of beng spied on so trust went out the window pretty quickly on both sides.
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Old 08-09-2008, 12:51 PM
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The landlord has to give twenty fours notice in writing that he is attending the premises for an inspection. texting does not count and he has to notify the tenant whose name is on the Lease, not anyone else, unless they also mentined s tenants So technically he is breach of the right to enjoyment privacyof the premises by the tenant. This also could be mentioned in the POC.

I am referring the the Housing Act 1988,and amended by the Housing Act 1996.

Another question was the tenancy for a furnished property or an unfurnished property?

Last edited by Dragonlady : 08-09-2008 at 12:59 PM.
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Old 08-09-2008, 01:09 PM
maybelline maybelline is offline
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furnished, all tenants signed on same agreement, but this changed during year, no new tenancy with new names supplied.
but what is the penalty for not giving 24 hrs notice, if any.

Last edited by maybelline : 08-09-2008 at 01:14 PM.
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Old 08-09-2008, 01:18 PM
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I don't know what the penalty is for not giving the statutory notice, but read this and see where you stand

http://www.netlawman.co.uk/acts/housing-act-1988.php

I have also found this
http://www.netlawman.co.uk/info/tenancy-agreement.php

Last edited by Dragonlady : 08-09-2008 at 01:34 PM.
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Old 08-09-2008, 02:44 PM
maybelline maybelline is offline
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thanks will read
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Old 08-09-2008, 03:18 PM
maybelline maybelline is offline
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interesting stuff - so harrassing a tenant by phone and in person almost daily until forced out onto street would be a breach!
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