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

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Comments

  • djkarl
    djkarl Posts: 99 Forumite
    Well today is the deadline for this decision and i should be issued with the outcome within 2 days. Fingers crossed come Monday I'll have some good news to share with all the folk who've help me on here.
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    good luck !
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Look forward to the update
  • djkarl
    djkarl Posts: 99 Forumite
    I spoke to DPS who said they couldn't tell me over the phone the result of the ADR and that a case summary had been posted to me on Friday. I've not received this yet.

    This morning I received an email from DPS, subject : Repayment Advice, which shows the full remaining amount is to be paid to me.

    I'll post information from the summary once i receive the letter, in the mean time it's a good feeling to know we've won and the full deposit has been rightfully returned to us.

    Thank you to all who've helpmed me during this and a special thanks to clutton who has provided much support and advice in this long thread. :money:
  • Sue_S
    Sue_S Posts: 307 Forumite
    Part of the Furniture 100 Posts
    Thanks for the update, my daughter is going through exactly the same thing with her ex-landlady and it's good to read of your success!!
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 28 October 2009 at 9:47AM
    It might be an idea to take the Legal Cover option with your House Contents Insurance policly, if you haven't got it already. It only costs about £15-£20 a year. If you are renting, ensure that the small print includes disputes with landlords (defending and taking action against in court). Some insurers explicitly state in their terms that they will act against landlords or that they won't.

    If the insurers legal insurers (they often farm this out to a specialist firm) agree you have a case, all it will cost you is the price of your excess. In return, you get a specialist solicitor and barrister if needed (you can change your legal team mid case if you don't think they are doing their job, subject to the insurers approval) plus all your court costs paid if your case gets that far. In court, if the loser has to pay all legal bills, that will either be your insurance or the person you were up against.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • I've just read though the whole thread. Well done djkarl and well done clutton too.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • Sue_S
    Sue_S Posts: 307 Forumite
    Part of the Furniture 100 Posts
    It might be an idea to take the Legal Cover option with your House Contents Insurance policly, if you haven't got it already. It only costs about £15-£20 a year. If you are renting, ensure that the small print includes disputes with landlords (defending and taking action against in court). Some insurers explicitly state in their terms that they will act against landlords or that they won't.

    If the insurers legal insurers (they often farm this out to a specialist firm) agree you have a case, all it will cost you is the price of your excess. In return, you get a specialist solicitor and barrister if needed (you can change your legal team mid case if you don't think they are doing their job, subject to the insurers approval) plus all your court costs paid if your case gets that far. In court, if the loser has to pay all legal bills, that will either be your insurance or the person you were up against.

    I've got legal cover both through my house insurance and through work with DAS. I phoned them to ask for advice and they told me (wrongly) that if 2 months notice was in the AST contract then it was enforceable, even at the end of the tenancy. I pointed out that if the tenancy was 'periodic' that only one month was enforceable by law but they still maintained that the contract would overrule the law! I was also told this by a free legal helpline. Doesn't give me a lot of faith in the legal profession :confused:
  • MissMoneypenny
    MissMoneypenny Posts: 5,324 Forumite
    edited 28 October 2009 at 12:09PM
    Sue_S wrote: »
    I've got legal cover both through my house insurance and through work with DAS. I phoned them to ask for advice and they told me (wrongly) that if 2 months notice was in the AST contract then it was enforceable, even at the end of the tenancy. I pointed out that if the tenancy was 'periodic' that only one month was enforceable by law but they still maintained that the contract would overrule the law! I was also told this by a free legal helpline. Doesn't give me a lot of faith in the legal profession :confused:

    I'm not sure how qualified the legal helpline people are. Obviously, not very from what you have put. I've never used them.

    I've always ask my contents insurers for a claim form for Legal Cover, fill it in, then waited for the ok in writing. Then I get a solicitor or barrister who specialises in that area of the law rather than a jack of all trades solicitor.
    RENTING? Have you checked to see that your landlord has permission from their mortgage lender to rent the property? If not, you could be thrown out with very little notice.
    Read the sticky on the House Buying, Renting & Selling board.


  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    the more legal research i do the more i realise that "bog standard" solicitors often know diddly squat.***

    5 years ago i went to 5 different sols re suing someone and got 5 utterly different legal answers.....



    **** Richard Webster EXCLUDED !!
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