notice to LL, she is expecting 2 months we want to give 1 month

chucknorris

tbs624 wrote: »

Apology accepted.If you post on a public forum then you may get posts you don't like and clearly you have a problem with the fact that others don't agree with your version of what constitutes a contract term.Sensible debate is good - posting up erroneous drivel such as this, however

Originally Posted by chucknorris
But my point is that it is a fixed term contract only subject to a months notice, no months notice then it is no longer a fixed term contract ending on that date. It becomes a periodic contract on the month prior to the original contract end date.

does not come under that heading .

That's good. However, describing yourself as someone who has "specialised in contract" and then posting up inaccuracies as fact *may* affect the lives of others when some amateur LL tries to enforce your suggestions.

I didn't offer you any apology (the use of the word sorry was to express sorrow at meeting such a !!!!! with an attititide that I need to avoid conversing with him/her). Which would have been quite clear to anyone with any sense.

Are you trying to say that 2 parties cannot agree to a contract that is drawn up to be a fixed term contract subject to a particular notice being recieved and if not recived it would revert to a periodic on a particular date? If so you are talking out of your backside! It's just a case of getting the wording correct (which is why I brought it up, aware that I probably needed to do further work on the wording)

tbs624

clutton wrote: »

the oft-quoted OFT Guidelines are just that - guidelines - they are recommendations only - NOT law and no-one can quote them as law - if you do use them you will be relying on one judge's interpretation

Clutton , I may be mistaken but I didnt read Emma's post as saying that the OFT guidelines *were* law, but rather that the T is , as you and I have both stated many times, protected by the law regardless of any cobbled-together clause imposed by a LLs personalised tenancy agreement .As in, if the law says that a Fixed Term AST * is* a fixed term, then no LL can make the last month of that Fixed term become a periodic agreement by his dabbling, for example. See also

tbs624 wrote: »

.....Only a court can decide whether any tenancy clause would hold up but I think you are wasting time and ink. .

annberlin

djkarl wrote: »

The checkout didnt go too great (as expected), general rude unprofessional attitude but i expected that and kept my cool.

The main issue that has arisen is that the kitchen sink appears to be marked, I believe this could have been when the oven tray was washed in there. She is claiming that this is permanent damage where as i believe this could be repaired/removed.

I just got a voice mail from her saying she had spoke to an expert in B&Q (really?) she had tried some stuff from there and it hadnt worked, she has since spoke to the manufacturer of the sink who are sending her some stuff out to try. I'm expected to pay for these, regardless of if they w

I am a fair enough person to want a fair outcome to this for the both of us, but i am a bit annoyed that she buying things and trying it and expecting me to automatically foot the bill.

Anyway the stuff from the manufacturer arrives Thursday, she will call me Friday to let me know the outcome.

What can she claim regarding this damage if it can't be removed?
Heres a couple of photos of the problem


http://img268.imageshack.us/img268/8795/dsc0171h.jpg
http://img268.imageshack.us/img268/4396/dsc0170rox.jpg
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Bleach will do the trick had a similar sink in our previous house. When you clean oven trays etc, then it leaves such a mark.A scourer the kind used for non stick and straight bleach will take this mark away with a bit of elbow grease.Altrernately fill the sink with bleach and water leave it overnight.Good luck,this LL does not know how to clean;)
k

chucknorris

tbs624 wrote: »

Apology accepted.If you post on a public forum then you may get posts you don't like and clearly you have a problem with the fact that others don't agree with your version of what constitutes a contract term.Sensible debate is good - posting up erroneous drivel such as this, however

Originally Posted by chucknorris
But my point is that it is a fixed term contract only subject to a months notice, no months notice then it is no longer a fixed term contract ending on that date. It becomes a periodic contract on the month prior to the original contract end date.

does not come under that heading .

That's good. However, describing yourself as someone who has "specialised in contract" and then posting up inaccuracies as fact *may* affect the lives of others when some amateur LL tries to enforce your suggestions.

I attempted to reply to your silly personal message to me that you just sent, but could not because I got this message from MSE:

1. tbs624 has exceeded their stored private messages quota and cannot accept further messages until they clear some space.

I guess you have so many messages because you get involved in petty arguements like this all time? Doesn't suprise me at all.

Emma1973

Thats exactly what I was trying to say in my own muddled about way tbs!

Planner

chucknorris wrote: »

Notwithstanding clause A2 and any other contract clauses if you wish to vacate on the contract expiry date of 21st August 2010 then you must confirm this in writing at least one month beforehand and again 7 days later by telephone if no response has been received to that notice.

My 2ps worth. The above isn’t worth the ink it’s written with. Far two many variables.

1) it asks for something that isn’t required in law i.e. ‘notice to end the fixed term’. You have therefore placed a requirement on the tenant that has reduced their ‘rights’ under statute i.e. to leave at the expiry of the fixed term without any other requirements.

2) It is ambiguous to what the consequences will be for none compliance i.e. what will you do about it? The answer is in effect nothing, as you have no recordable loss.

3) What would happen if the tenant gave you correct notice and for what ever reason you didn’t respond (holiday, cat died, forgot, snowed under at work writing contract clauses?) and the tenant didn’t telephone 7 days later? would you consider the notice invalid?

4) What kind of response should your tenant expect? You haven’t clarified? What would you do if the tenant lied to a judge/TDS arbitration that you telephoned to confirmed receipt of notice and hadn’t? You’ve already written into your contract that the telephone is an appropriate and acceptable means of communication?

chucknorris

Planner wrote: »

My 2ps worth. The above isn’t worth the ink it’s written with. Far two many variables.

1) it asks for something that isn’t required in law i.e. ‘notice to end the fixed term’. You have therefore placed a requirement on the tenant that has reduced their ‘rights’ under statute i.e. to leave at the expiry of the fixed term without any other requirements.

2) It is ambiguous to what the consequences will be for none compliance i.e. what will you do about it? The answer is in effect nothing, as you have no recordable loss.

3) What would happen if the tenant gave you correct notice and for what ever reason you didn’t respond (holiday, cat died, forgot, snowed under at work writing contract clauses?) and the tenant didn’t telephone 7 days later? would you consider the notice invalid?

4) What kind of response should your tenant expect? You haven’t clarified? What would you do if the tenant lied to a judge/TDS arbitration that you telephoned to confirmed receipt of notice and hadn’t? You’ve already written into your contract that the telephone is an appropriate and acceptable means of communication?

Thanks, I agree yes I haven't done a good job of what I set out to do, I am guilty of creating the sort of contracual mess that I used to be called in to rectify by others making ad-hoc changes to standard forms of building contracts.

After thinking about it further it isn't even worth further darfting to set out what I wanted to achieve. I think it's probably best just to be more on the ball at the time leading up to the end date of the fixed term. But thanks anyway for taking the time to comment.

Planner

chucknorris wrote: »

Thanks, I agree yes I haven't done a good job of what I set out to do, I am guilty of creating the sort of contracual mess that I used to be called in to rectify by others making ad-hoc changes to standard forms of building contracts.

After thinking about it further it isn't even worth further darfting to set out what I wanted to achieve. I think it's probably best just to be more on the ball at the time leading up to the end date of the fixed term. But thanks anyway for taking the time to comment.

I think if a tenant has a 'good' landlord then they will let that person known in advance if they are going to leave. I for one wouldnt dream of just upping sticks on the last day without a word to anyone (even if I considered I had a bad landlord!). I imagine 95% of tennants would do the same.

chucknorris

Planner wrote: »

I think if a tenant has a 'good' landlord then they will let that person known in advance if they are going to leave. I for one wouldnt dream of just upping sticks on the last day without a word to anyone (even if I considered I had a bad landlord!). I imagine 95% of tennants would do the same.

Yes I agree, in fact within the last 3-6 weeks 2 tenants in different properties actually gave me at least 6 weeks notice that they didn't want to stay on. I'm afraid I was not only guilty of being over pedantic but of also trying to fix something that wasn't broken (not one of my better moments)

RabbitMad

annberlin wrote: »

Bleach will do the trick had a similar sink in our previous house. When you clean oven trays etc, then it leaves such a mark.A scourer the kind used for non stick and straight bleach will take this mark away with a bit of elbow grease.Altrernately fill the sink with bleach and water leave it overnight.Good luck,this LL does not know how to clean;)
k

Cilit Bang. Bang and the mark is gone.

I was gobsmacked when I first used it. It left my sink gleeming and like new. I didn't realise how dirty it had been.