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

Fire_Fox

djkarl wrote: »

As you did not give me the 2 months notice required and it is now holiday season, I felt that it was necessary to reduce the rent by £25 a month in order to attract new tenants quickly. Had you given me the 2 months notice required then I would not have felt compelled to reduce my rent at all. My solicitor thinks I should claim for this too (6 months contact x £25 lost rent =£150). However, out of goodwill, if we all agree on my being paid £338.04 from the deposit I will not make a claim for this.

What a load of cobblers. :rotfl: Goodwill my a**e.

djkarl

She does appear to take everything personal rather than acting in a business manner.

I'm hoping the ADR in DPS can sort this out as it's becoming quite tiresome.

djkarl

franklee wrote: »

You were on a statuary periodic tenancy IIRC:

Post #51 quotes you the law on this. Have you written to her pointing this out? If her "solicitor" gets directed at this then I'm sure he would understand it

http://forums.moneysavingexpert.com/showpost.html?p=22894005&postcount=51

I wonder just what part of (e) under which, subject to the following provisions of this Part of this Act, the other terms are the same as those of the fixed term tenancy immediately before it came to an end, except that any term which makes provision for determination by the landlord or the tenant shall not have effect while the tenancy remains an assured tenancy. your landlady doesn't get

I would quote that law to the ADR too (with direct link to opsi) in case they don't get it either!!!

I'm really sorry you are having such a headache with this and hope it gets sorted soon!

I emailed her the extract section of the law covering this. She never replied to the email but told me in a later phone call that she had received my email but it was not relevant as her contract over ruled it as her contract said the notice period continued after the initial 6 months
:mad:

clutton_2

DPS ADR will rule in your favour - but do make sure you send them as much evidence as possible to back up your case

RabbitMad

djkarl wrote: »

I emailed her the extract section of the law covering this. She never replied to the email but told me in a later phone call that she had received my email but it was not relevant as her contract over ruled it as her contract said the notice period continued after the initial 6 months
:mad:

I'd try again and point out to her that a contract cannot override you statuory rights full stop.

magic

Why bother emailing her? As long as the DPS are competent and aware of all the details they will rule in your favour. Don't stress yourself out about it.

N79

magic wrote: »

As long as the DPS are competent

That is a huge assumption which, given their refusal to reveal any details about the training and qualifications of their adjudicators and some of the dodgy decisions that they same to make, seems unlikely to be true.

djkarl

Anyone been through this with the DPS? The status is now 'IN DISPUTE RESOLUTION - AWAITING LANDLORD EVIDENCE'.

When i get to respond am i allowed to view her evidence? Then again i assume it's probably going to be the letter she wanted me to sign that i posted.

I shall keep everyone posted on this as the outcome, as it might be useful to anyone else going through something similar in the future.

magic

Fair enough, don't have experience of how competent DPS actually are. Makes me wonder though, if the DPS incorrectly rule against either T or LL, are they able to use other avenues to get their money (small claims court maybe?) or is that the end of the road?

superfran_uk

I wouldn't wait until the 'evidence' is in - i'd send them a copy of her letter and an accompanying letter from yourself explaining why she's a moron, do it quickly and you'll see your money sooner!