A legal one and a licence one

Im now taking my first licence related question, noone at the driving school
knows, nor does the DVLA site help.

1) Does my full bike licence count as a provisional car licence, to learn
on? they think so, but aren't sure.
2) I've passed my bike test, do I need to take the theory again? Common
sense is telling me its the same test and I shouldn't have to.

And the legal one.

I moved out of a rented flat after the landlord agreed to waive the 2 months
notice period, so off I went. However, we had a falling out and I stupidly
forgot to cancel the standing order for the rent and have now paid for the
whole of September, even though I left in august and she waived the 2 months
notice. In short, I know she moved someone else in who has paid Septembers
rent. Now my inkling is that she cannot collect two full rent payments from
the same property for the same period. If I fail to get the month's rent
back by showing she waived my notice, can I use the fact that she is selling
the same thing twice to get my pennies returned?

 

You are if it's written on your licence. You're not if it isn't...

Yes.

Paul

 

Do you have a tenancy agreement (signed by both parties) ?

Wassit say ? Did you have a deposit with him ?

 

Do you have a tenancy agreement (signed by both parties) ?

I did, but I can't find the damn thing. I was mainly after to find out if it
is generally illegal to rent the same property to two people for their sole
use. ie. its not possible to rent the same item to multiple people at the
same time.

£400 security deposit and £400 septembers rent. Thats what I trying to get
back. We agreed to go 50/50 on the security for broken glasses, wear and
tear etc. But she is trying to keep septembers rent, which had I cancelled
the standing order in time, she wouldnt have cared about it or asked for it.

 

^
Do you have that in writing ?

If you have nothing in writing and, in a small claims court it's word
against word ( I have done this and lost ) it doesn't look terribly
good - imho

 

it.

As I see it, if she put it in writing that she agreed to waive the two
months notice period you may have a chance. Technically you are in breach of
your contract. The fact she has managed to re-let it quickly doesn't alter
that fact. However, SWKB will be along shortly to tell me I'm wrong #

Buzby

 

http://www.courtservice.gov.uk/mcol/index.htm YKIMS
Dead easy, costs 50 quid but you can get that added to the total.

 

£400 security deposit and £400 septembers rent. Thats what I trying to
get

Nope, but seeing as what they have proposed so far is crud, it isn't really
worth anything. So far they have offered me £200 out of £800, which isn't
worth having in writing. I am after £600.

I have an email where the landlord has agreed to end the tenancy early on
27th. She states whe will visit the premesis on the 28th of august to check
everything over. Surely with this she cannot lay any claim to keep rent for
a month she is not due?

 

But is it a breach if I have it in writing (email) that she agrees to waive
the notice period because of my excellent track record?

 

<perry Mason Mode> You know, you might just have a case Mr Mash !

Roll Credits.....

 

But surely the issue is that

a) you made an error in not cancelling the standing order.
b) she is unscrupulous (from where you are standing)
c) the property is not rented to you for September is it?

Therefore you have made a cash gift of one month's rent as a result of
your own error. She has no obligation to you because the rental
agreement has been terminated by you and she has accepted that
termination and indeed has waived the notice period which she had no
obligation to do. The property is not rented out twice because you no
longer have a tenancy / rental with her. Her property - she can do what
she likes.

Unless she decides to be nice I don't think you've got a leg to stand
on.

Sorry.

 

I would assume if she's agreed to it, then you're ok. I don't know the legal
standing of an e-mail in a situation like this. As MB says below the small
claims process is very good if you can't get it sorted amicably.

Buzby

 

Lolok at your licence - it will tell you what provisional categories
you have. It will invariably have a provisional car but do check

Wrong - you do need to take the car theory test

 

IANAL, so don't take this as legal advice...

From the other threads I take it that you've been renting for a relatively
long time. I'd check your tenancy agreement to see i) when that tenancy
agreement ended, and ii) the type of tenancy agreement it was.

In answer to both, I bet you[1] it was an "assured shorthold tenancy" and
covered a 6 month period, after which the agreement stands, but either party
can get out of it with [specified] notices. If you are outside the 6 month
period, and into the [specified] notices period, you should find or could
argue that you mutually agreed the notice as a shorter period than
[specified], as it was in both your interests. If so then it should be
relatively plain sailing to prove that the September payment was made in
error, and therefore should be returned to you.

The email you received is good, but (if it came to it and she denied
agreeing shorter period/end of tenancy 28th August) you may need to prove
its from her. Sounds unlikely you'd need to do this. One way you may be able
to do this is to copy it back to her saying something along the lines of
Septembers payment was a clerical error, and you don't understand why she is
not returning the monies to you.

Why did you fall out? You need to be absolutely sure that this isn't having
a bearing on the legal side of things. She may feel she has a right to
withhold Septembers rent for some reason. It might be an unreasonable reason
(heh).

Unfortunately, I don't think the fact that she's (as you're presuming)
collected another rent payment for September has any legal bearing, other
than the current tenant could become a witness to prove that you'd moved out
by the time they'd moved in. If they moved in on the 27th or 28th then that
goes a (very little) way to supporting the email evidence.

How about the £200 deposit balance? Has she repaid this to you or is she
still withholding that, too? (BTW £200 for a broken window is a bit of a
rip-off... normal wear and tear is not usually (and I think specifically
excluded in assured shorthold tenancies) paid for from security deposits.
However, try defining normal... better still watch a lawyer wriggle with the
definition!)

There are rafts of websites dealing these issues. Try goggling for some.

In summary though, I think you should try and get your four hundred nicker
back, and quite possibly could.

Angus.
SV650s DT125R
IMANASS#9

[1] half a mouldy packet of cheese buiscuits against your first motorbike

 

It was 12 months, and I had been there a total of 20 months. I dont remember
signing for an additional 12 months though.

A mountain of things it seems. I spoke with her the week before I left, and
I mentioned the carpet wasnt in great condition. There was 5 square feet
missing from when an old fold down bed was removed, 2 holes in the carpet
from the fold down bed feet and a small tear in the carpet from when the bed
was removed. Because of this I didnt bother cleaning the floor of the main
roomm, having been told it was to be replaced with lamenate flooring as soon
as I go. She tried to stick me with paying for the carpet to be repaired and
cleaned.

I used a small amount of gloss paint for some detailing after decorating,
after central heating weas installed and the bed removed. they were happy
with the decoration , but now are trying to claim money for getting the flat
decorated again because I didnt have express written permission and they say
they will need to replaster the walls because it is impossible to remove
gloss paint or paint over it... is that bullshit I smell?

Noone ever made an inventory of all utensiles, plates, glasses, cutlery etc,
so I did my best to remember which was which, but took a couple of items I
shouldnt have. The one which pissed me off the most is that I replaced a
toilet brush at some point and all Im rewarded with is a complaint that I
threw out the old one. FFS... I was just happy to agree any amount to be
honest, as she was trying to make me pay for replastering the walls and
replacing the floor, I was glad to settle on £200.

I've not had a penny yet, Im waiting for them to look for an excuse to keep
the extra rent.

The thing which narks me off is that we had a decent relationship before,
everything was on friendly terms. If she had a problem with the condition of
anything, or missing items, she need only have given me a call and I would
have done what I could to put it right, or made an inventory and I would
have paid for it. Instead all I get is a nasty letter with a few legit
points and a mountain of ludicrous claims. She even had a go at me because
NTL took back their leased set top box.

The new landlord seems just as nice as the previous one used to be, but I
nearly went mad as he spent half a fecking hour running through a list of
the paint colour of every surface in every room. EVERYTHING IS WHITE! He
made me go through every single cracked bathroom tile, every mark on the
carpet, counting every valve cap on every radiator, every crack in the
ceiling, the presence of curtain rails and the number of shelves in the
fridge and oven.

Sweet Jesus I want to buy my own house to vandalise in whatever way I see
fit.

 

Paul Corfield :

So far so good.

I don't think this is true.

Anyway, the first thing to do is talk to her; if she doesn't give the money
back, talk to your bank who will talk to her bank who will send her a letter
asking her permission to return the money.

The next step is legal action.

 

[snip tale and advice]

Goodness - praise indeed.

Out of curiosity why? I'm no expert so interested to read your view.

It's an option.

Provided the end result is worth the time, effort and expense.

 

If you don't want it I'll have it. A standing order for 20 quid a month
will do, and we'll waive the last payment, ok?

 

Paul Corfield :

I'm fairly sure that you have no right to money paid to you in error.

 

[snip]

Absolutely. After <fx: thinks> 8 years at uni in both uni and private
rented accomadation, buying a house was
a) scary
b) fun!

Although there's that hole in the floor to fix, and the dimmer switch
to be replaced and a couple of little niggles that a landlord would
(if lucky!) fix after a 'phone call...

But acutally *owning* the bugger is cool.