File a case in the small claims court so that you can invoke your rights and claims as a tenant against your landlord. You can also protect yourself against the charges being imposed by the landlord.
2006-11-14 21:07:00
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answer #1
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answered by FRAGINAL, JTM 7
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If you are in the UK, the law has recently cahnged (Oct 1) concerning the return of deposits from landlords and estate agents. If the return of a deposit is in dispute the deposit must be lodged with an independent authorised holder until the dispute is resolved. Deposits not in dispute must be returned within 14 days of the end of the tenancy. Landlords have no right to second guess bills, nor to enter the property without your permission whilst you are still a paying tenant. Contractors to the landlords also have to gain your permission before entering the property. Further all landlords and estate agents need to registered and 'licenced' now, you can check if you landlord is registered and report the abuse to the relevant body (not sure what this is, but any letting agency should be able to tell you)
2006-11-14 20:57:44
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answer #2
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answered by Boring Old Fart 3
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You may have to resort to common law, regardless of any lease you may have signed. E.G. when you rent, you are obliged to allow reasonable access to the landlord or his agent, but that shouldn't be more than once every three months at most. During these visits its the landlords DUTY to inspect for damage, so if anything is broken, like a hinge, it's his fault, not yours.
They are NOT allowed to enter the property without your permission - what if you're in the bath/in bed with the milkman/doing a self-portrait of yourself in the nude?. You have the right to privacy.
If a tenancy is coming to an end (legitamately, by mutual agreement) it can be a difficult time, but your rights do not change. You can compromise, but don't you just hate the fact that you can't leave your underwear on the bathroom floor when you're in a hurry or dirty dishes in the kitchen sink?
Teach this guy some choice phrases in Anglo Saxon that end in the word "off".
2006-11-14 21:00:24
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answer #3
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answered by Anonymous
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Hi, sorry to hear of your situation.
I am a landlord so can only speak from my perspective. Neither myself or my letting agent are allowed to access the property without 48 hours notice.
Damages - on rental of the property an inventory is taken of the condition - in my case a video inventory. This protects both myself and my tennants as the proof of condition is obvious.
A broken hinge would probably be classed as wear and tear and would not be deductible from your deposit.
It is not allowable to *guess* how much final bills are. Final meter readings are phoned through to relevant companies and they would bill you direct - utility bills would have been in your names anyway.
I think you have been treated very unfairly. I do not know what governing bodies you can report to but I'm sure there will be one. Look back on a letter from the agents and check what bodies they belong to and start with complaining to them direct, cc'ing to the agent and see where that leads you.
Make sure you use a reputable firm on your next rental. Agents get paid a lot of money to make sure everything is legal and above board and to ensure both tennants and landlords are treated fairly.
Good luck.
2006-11-14 21:20:53
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answer #4
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answered by lisaandmax 2
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First, you should have thrown your landlord out on his ear the first time he pulled this type of behavior. You were under no obligation to let him or any Realtors in.
This type of behavior is totally illegal.
As far as charging you 85.00 for a hinge is ludicrous. A single hinge should have been classed as normal wear and tear.
If it was a cleaning deposit, you can sue them and WIN, because the landlord cannot withhold a cleaning deposit or any part there of, for repairs.
Myself I'd sue him you will probably win. But sue him for an extra $2000.00 for lose of privacy and inconvenience of being forced to move. Because of what he did forcing you out in the manner he did.
Once you rent a property the landlord can only enter your unit with a minimum of 48 hours written notice.
SUE HIM..
2006-11-14 21:34:26
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answer #5
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answered by Anonymous
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Sadly you will be throwing good money after bad ,these things are evidentiary and without written or similar evidence you dont have a chance .These scum landlords know that courts will not accept anecdotal evidence even though you and your partner may be telling the truth.Put it down to experience and the next let you take fit an internal bolt[for extra security] should your landlord call to show anyone round you tell him its not convient at the moment.Also get a solicitor to look at your next lease ,he will only charge acouple of quid if you cant get free advice.
2006-11-14 21:25:14
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answer #6
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answered by joseph m 4
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I've been in these types of situations before......
First, when you move in --ALWAYS take pictures of the state of the place (good or bad)
Second, (here in Canada) we have what's called Landlord/Tenant arbitration hearings... this is a government department.
Look up something on google like "tenant rights in " and see what you can come up with.
And, last...
ALWAYS take pictures when you leave showing the state of things(good or bad)
Oh yeah to "prove" the date the pictures were taken you need to go get a newspaper for that day and hold it up in your pictures so that the date shows...
You always need to cover your own butt because everyone out there is only looking out for themselves.
Take care and good luck!
2006-11-14 20:56:03
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answer #7
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answered by Anonymous
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Having experienced nightmare landlords in the past, my best advice is to cut your losses and run. The time and trouble you will have to go through in a small claims court will take up so much of your time, and bring on so much stress, you will wonder why you bothered in the first place. Be thankful you are getting away from this nasty person, and forget them. Best of luck.
2006-11-14 20:42:13
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answer #8
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answered by Roxy 6
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You should have made movement on this before you moved since they were showing the apartment while you were still living there and no intentions of moving. The landlord cannot make himself at home with his own keys unless you give him permission or an emergnecy.
2006-11-14 20:42:41
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answer #9
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answered by Nana 6
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doubt you'd get much from small claims.sorry.
however....
abit childish....
and illegal.....
but still it'll make you feel better...
GO ROUND AND BRAKE ALL THE WINDOWS. LOL
Bet that'll cost more than £85.
in future make sure this dont happen by checking your contract lease.THEY CANT JUST WALK IN.
if they do Change the locks and when you leave you can put the old ones back in.
2006-11-14 20:44:23
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answer #10
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answered by aberdeen302004 3
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