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

franklee

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 work.

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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There was a stubborn sooty type mark on the sink here when I moved in, a short soak in neat bleach and it was gone

clutton_2

wear and tear mate wear and tear

chucknorris

Jowo wrote: »

My understanding is that landlords can insert any clauses they like into contracts but housing law always takes precedence so there's no point in producing agreements using terms and conditions that can't be enforced.

For example, a fixed term contract is exactly that so it is pointless for landlords to insist that the tenant has to give them notice within the fixed term itself. Housing law says they don't, tenants can leave on the final day of the tenancy. It's good practice for tenants and landlords to discuss whether or not to renew the AST but there's really no such thing as a fixed term contract with a notice period (legitimate break-clauses excepted).

It is correct you can leave on the last day of the tenancy without giving notice, however I believe this is not because Housing Law states that you do not have to, it is because it is a fixed term contract so it is implied that the tenancy ends on that day.

Although this has never happened I still wanted to make sure that a tenant did not unexpectedly do this so I added the following caluse into my contracts
EDIT: Now accepted not a prticularly good idea

tbs624

Have to say that if the LL is worried about tiny marks like that from a T using a kitchen sink to wash up things that normally get used in a kitchen then they should either have gone for stainless steel or have provided a washing up bowl. Edit: I agree with Clutton

Anyway, djkarl - the LA is making heavy weather of it, as you'd expect. Some stuff called astonish will do it.

Or you could just head on over to that marvellous :j crew on the OS board and ask them - there's nothing they can't clean up. They should set up a LL and T related property-cleaning sticky.

tbs624

chucknorris wrote: »

It is correct you can leave on the last day of the tenancy without giving notice, however I believe this is not because Housing Law states that you do not have to, it is because it is a fixed term contract so it is implied that the tenancy ends on that day.[

Although this has never happened I still wanted to make sure that a tenant did not unexpectedly do this so I added the following caluse into my contracts (for the latest contract issued the last day was 21st August 2010):

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.


I believe this is to be contractually binding however I would be interested to know what Clutton thinks of this. Fortunately I tend to get on with my tenants and obviously because they want their deposit back it is very unlikely a tenant would suddenly move out, but I thought better safe than sorry

You cannot withhold your tenant's deposit because they leave at the expiry of their Fixed Term without giving you notice. Only a court can decide whether any tenancy clause would hold up but I think you are wasting time and ink. Presumably you have served a S21 notice on your T just in case they outstay their welcome and you need to pursue a court order to regain possession? If so, you can hardly complain if a T does just leave by expiry - they are simply doing what they have been asked to do.

clutton_2

tbs24 "" 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.""

what will you do if they dont comply ?

sooz

maybe my screen is too dirty, but I can't actually see any problem with the sink
Is it porcelain? Mine gets silvery scratch marks on it when you wash anything metal in it. They rub off with Cif or Astonish. You don't need an 'expert' from B&Q :rotfl: to tell you that.

chucknorris

tbs624 wrote: »

You cannot withhold your tenant's deposit because they leave at the expiry of their Fixed Term without giving you notice. Only a court can decide whether any tenancy clause would hold up but I think you are wasting time and ink. Presumably you have served a S21 notice on your T just in case they outstay their welcome and you need to pursue a court order to regain possession? If so, you can hardly complain if a T does just leave by expiry - they are simply doing what they have been asked to do.

Who said I would withold their deposit?

No I never issue a section 21, why on earth would I insert a clause like that if I had issued a section 21 clause? That would be pretty dumnb especially for a (now early retired) chartered quantity surveyor who specialised in contract

tbs624

chucknorris wrote: »

Who said I would withold their deposit?

The part of your original post that said

"Fortunately I tend to get on with my tenants and obviously because they want their deposit back it is very unlikely a tenant would suddenly move out,"

is perhaps open to that interpretation?

chucknorris wrote: »

No I never issue a section 21, why on earth would I insert a clause like that if I had issued a section 21 clause? That would be pretty dumnb especially for a (now early retired) chartered quantity surveyor who specialised in contract

We do get "dumb" on here you know . If you "specialised in contract" it's interesting that you haven't issued a S21 Notice (not clause)..........

chucknorris

clutton wrote: »

tbs24 "" 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.""

what will you do if they dont comply ?

After further thinking about it, I think the clause should be expended to further state:

'In the event of notice not being given a periodic contract shall commence'

I think I would wait until the 7 days then contact them myself and seek clarification, the whole process is only actually a fallback. Assuming the worse and they said they were not moving out at this stage but then did I would take them to the small claims court. If of course they did confirm at 3 weeks they were moving out and did there would not be a problem. The problem only arises if they move out unexpectantly and without notice.