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Buying a home and don't know how anything works

A380 said:
So buying a flat with our kids. Them to live in and increase their share instead of paying rent. This was part of the reason we sold our much loved family house. Supposed to exchange and complete next Thursday. Yesterday our solicitor got the management company AGM minutes from last May - direct from the company as the seller's solicitors had kept not supplying them. And, surprise surprise, it needs a new roof. 1/4 of the roof was replaced a year ago but 3/4 still need to be done. And it's the weekend so I can't get any information on likely costs till Monday as, unsurprisingly, the seller hasn't answered my messaging.

it's my own fault really, the seller is a solicitor and I made the mistake of trusting him to a small extent.

So four months and £2k in searches, legal fees and survey fees and it's back to the beginning... Or at least seeing how much the weasel will suck up and take off the price.
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Bloody hell, that's proper shocking. And they didn't disclose it during the discovery phase - pursue them!
 
Elpenor said:
I vaguely know where tithe barn is as it’s close to work, a few people I work with live near there I think. Are you considering Cranbrook? I think there are very mixed views on that development, some colleagues live there too.

When I was looking to buy last year I ruled out most of Exeter very quickly as ultimately I didn’t want to live in a city, or in a suburb. The one part I rather liked, just outside the city was Exminster, but properties there were a bit pricey for me.
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I've ruled it out, I just think it's too far away from where I want to be and I don't think it seems like a particularly great town?

I want a Victorian house with parking <puts "moon on a stick" into Rightmove>

I've seen a possible candidate in pinhoe 😍

I was put off that area because of all the development but this is in Pinhoe proper so maybe it's ok
 
baldrick said:
I've ruled it out, I just think it's too far away from where I want to be and I don't think it seems like a particularly great town?

I want a Victorian house with parking <puts "moon on a stick" into Rightmove>

I've seen a possible candidate in pinhoe 😍

I was put off that area because of all the development but this is in Pinhoe proper so maybe it's ok
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I believe it’s colloquially known as Crimebrook, but that’s a relative term down here tbh. I’ve only been there to park at the station (which is free), left my car there a few days with no bother.

That is a bit moon on stick :D I looked at something Victorian in Pinhoe (proper) last year off Causey Lane, it had parking but wasn’t suitable for various reasons and was a bit dear. As for where Victorian houses are, perhaps some around Heavitree and Polsloe Bridge? I can’t say I know the city that well.

I think the new estates being built on the scale of those in Pinhoe will take years to bed in, as there’s still so much ground being broken
 
Yeah Heavitree & Polsloe Bridge have some nice ones, but it's residents permit rather than off road. I've done 8 years in a house with only on street parking and can't deal with it any more! It is a lot busier here than in Exeter I imagine but even so.
 
Left the keys to the old place with the cleaners - peace out.

While I’m here though I just want to state I abhore landlords and look forward to the day they are boiled in a lake of piss.

Leaving this place has been a saga of stress as she veers from politeness to fucking mental.

“Can you keep the electric in your name till I get a new tenant” was the highlight but it’s all been that insane
 
Riklet said:
Fuck that. Keep it all in writing and gradually escalate from a letter you pen with a pemplate to a legal style letter to a proper legal letter. If its with the deposit protection scheme its a lot harder for them to steal it nowadays. Shelter has some good advice and templates online.
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And if it’s not with it it’ll be even worse for the landlord.

Shame :)
 
Riklet said:
Fuck that. Keep it all in writing and gradually escalate from a letter you pen with a pemplate to a legal style letter to a proper legal letter. If its with the deposit protection scheme its a lot harder for them to steal it nowadays. Shelter has some good advice and templates online.
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I’ve just got the email from the DPS and said yeah I’ve not agreed they can take the grand.
 
Riklet said:
Challenge them taking any, even a penny as completely unreasonable. Dont accept any liability. Good luck! London Renters Union or Acorn may be able to offer advice and or support too...
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Main thing is two months notice, landlord is convinced I owed her exactly from the day of rent notice so if I'm handing notice in on e.g. 12th December I am liable for rent for literally Jan and Feb not just Jan.

Eh whatever, I've never expected it back but would be nice to get the money for the cleaners back because the trek out and hiring them was absolutely fucking pointless considering the length of tenancy and the work she's doing to rejuvenate the walls and shit.

There was some bollocks about a rolling contract at some point so I'll check the contract for expiry date as it was never signed and renewed. I can find the first 12 month contract at least so it is literally worthless I think. At no point in my memory since was it resigned or negotiated.

now in or upon the premises and more particularly specified in the inventory thereof signed by or on behalf of parties hereto for a term certain of 12 months commencing 2nd February 2015 and expiring at 12 noon on the 1st February 2016
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So technically, what contract?
 
Artaxerxes said:
Main thing is two months notice, landlord is convinced I owed her exactly from the day of rent notice so if I'm handing notice in on e.g. 12th December I am liable for rent for literally Jan and Feb not just Jan.

Eh whatever, I've never expected it back but would be nice to get the money for the cleaners back because the trek out and hiring them was absolutely fucking pointless considering the length of tenancy and the work she's doing to rejuvenate the walls and shit.

There was some bollocks about a rolling contract at some point so I'll check the contract for expiry date as it was never signed and renewed. I can find the first 12 month contract at least so it is literally worthless I think. At no point in my memory since was it resigned or negotiated.



So technically, what contract?
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I had a landlord dick around about the deposit, claiming this, claiming that. The DPS returned the deposit in full because the landlord made allegations but had no evidence (e.g. he claimed stuff on the inventory wasn't there - it was, in the loft like I told him; he also claimed stuff he hadn't put on the inventory wasn't there - tough shit).

Good luck :)
 
Artaxerxes said:
Main thing is two months notice, landlord is convinced I owed her exactly from the day of rent notice so if I'm handing notice in on e.g. 12th December I am liable for rent for literally Jan and Feb not just Jan.

Eh whatever, I've never expected it back but would be nice to get the money for the cleaners back because the trek out and hiring them was absolutely fucking pointless considering the length of tenancy and the work she's doing to rejuvenate the walls and shit.

There was some bollocks about a rolling contract at some point so I'll check the contract for expiry date as it was never signed and renewed. I can find the first 12 month contract at least so it is literally worthless I think. At no point in my memory since was it resigned or negotiated.



So technically, what contract?
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Depends on contract. Many state whole months or calender months.
 
Artaxerxes said:
Main thing is two months notice, landlord is convinced I owed her exactly from the day of rent notice so if I'm handing notice in on e.g. 12th December I am liable for rent for literally Jan and Feb not just Jan.

Eh whatever, I've never expected it back but would be nice to get the money for the cleaners back because the trek out and hiring them was absolutely fucking pointless considering the length of tenancy and the work she's doing to rejuvenate the walls and shit.

There was some bollocks about a rolling contract at some point so I'll check the contract for expiry date as it was never signed and renewed. I can find the first 12 month contract at least so it is literally worthless I think. At no point in my memory since was it resigned or negotiated.



So technically, what contract?
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If your original tenancy was never renewed it automatically becomes a statutory periodic tenancy, which operates with the same terms as the original contract with the exception that it is now periodic, rather than 6 months/a year as it was at the beginning. The period is usually the rental paid period (monthly by the sounds of it?). Giving notice is bound by whatever it said before (2 months is usual and seems to be what you have?). Notice must end at the end of a ‘period’, being the day before rent is usually paid. Assuming you usually pay at the end of the month (?) then I fear your landlord might have the law on their side, sorry.

If any of the question marks above are wrong then it might be different?
 
prunus said:
If your original tenancy was never renewed it automatically becomes a statutory periodic tenancy, which operates with the same terms as the original contract with the exception that it is now periodic, rather than 6 months/a year as it was at the beginning. The period is usually the rental paid period (monthly by the sounds of it). Giving notice is bound by whatever it said before (2 months is usual and seems to be what you have?). Notice must end at the end of a ‘period’, being the day before rent is usually paid. Assuming you usually pay at the end of the month (?) then I fear your landlord might have the law on their side, sorry.

If either of the question marks above are wrong then it might be different?
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We'll see, I've got her on mute so its less stress for me and I can just go by whatever the DPS do.
 
Artaxerxes said:
Main thing is two months notice, landlord is convinced I owed her exactly from the day of rent notice so if I'm handing notice in on e.g. 12th December I am liable for rent for literally Jan and Feb not just Jan.

Eh whatever, I've never expected it back but would be nice to get the money for the cleaners back because the trek out and hiring them was absolutely fucking pointless considering the length of tenancy and the work she's doing to rejuvenate the walls and shit.

There was some bollocks about a rolling contract at some point so I'll check the contract for expiry date as it was never signed and renewed. I can find the first 12 month contract at least so it is literally worthless I think. At no point in my memory since was it resigned or negotiated.



So technically, what contract?
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I had a two month notice period and mine was this (NOT provided by my LL btw - and my last one was about as good as they get, albeit that that doesn't say much - but defo legally correct for mine, although your contract may be different) -

your notice is 2 months from the 14th of the month so the next opportunity will be 14th November to quit 14th January as you say. The notice opportunity is only monthly by the way.
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So, if I had given notice on the 15th of Nov, the actual two month period wouldn't have started until 14th Dec, so would effectively have been three months minus one day.

So there are variations on notice period but also when it can be served because, quite fucking obviously, we must look after the poor LL's.

Saying that, your deposit should also have been legally secured in one of the rent deposit schemes and your LL can't just decide not to return it to you - which my LL before this one did do - so very definitely worth checking out your contract properly and also what she is claiming back from your deposit. Afaiu though, your rent would have to be up to date, so just start by checking your original contract.

As far as I know, rolling tenancies are just a continuation of the original fixed term one, once that expires - means you don't have to keep signing up for a new extended lease etc/is part of the original agreement.
 
Artaxerxes said:
We'll see, I've got her on mute so its less stress for me and I can just go by whatever the DPS do.
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You can usually use people making procedural fuck ups, ie acting like a dick, to bolster your case in disputes. Although it can't change the law, it can convince whoever's mediating or judging it to make different decisions where there's a grey area - and grey areas can be bigger than you think. Ultimately there's a lot of people handling disputes who just seem to make the judgement on the basis of what feels right to them. If the correspondence from your landlord is a bit incoherent or unprofessional, consider trying and find an excuse to slip a copy in with your dispute, as long as it won't hurt your case in some other way (eg by evidencing a point they're relying on in their argument or overcomplicating it)
 
muscovyduck said:
You can usually use people making procedural fuck ups, ie acting like a dick, to bolster your case in disputes. Although it can't change the law, it can convince whoever's mediating or judging it to make different decisions where there's a grey area - and grey areas can be bigger than you think. Ultimately there's a lot of people handling disputes who just seem to make the judgement on the basis of what feels right to them. If the correspondence from your landlord is a bit incoherent or unprofessional, consider trying and find an excuse to slip a copy in with your dispute, as long as it won't hurt your case in some other way (eg by evidencing a point they're relying on in their argument or overcomplicating it)
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I'm going to cite the last month without a boiler along with the numerous other issues in any comments on the case, I've also found pictures of the original move showing various potential mould spots if those get mentioned alongside the repairs and cock ups that were reported but never fixed.

Ultimately I just think fuck it, let her do some work and waste time, I'll abide by the DPS and arbitration but I'm not just going to passively let her suck out the money for no reason. Fine to stump up a months rent but the whole fiasco with the cleaners today has left a bad taste in mouth.

She's asked for a deep clean and been indignant over a mess but she's literally ripped out the floors and ceiling already so everything is covered in fucking dust. The kitchen was mostly untouched by her but shes done stuff like tried to get them to clean the filter on the cooker - the cleaner had to patiently explain to her that it needs replacing because, surprise, its full of grease after 8 years of heavy use. Combine that with the schizophrenic texts about "ooh good luck, your so lucky, your moving somewhere lovely and its a new start and oooh I'm yer best mate, lets leave things amicable"
 
So purchase back on. The advantage of using a proper local solicitor was she has contacts with the management company and was able to get details in half a day rather than the 3 weeks the conveyancing mill my seller is using. Position with the roof is much better than first described. So perhaps exchange and complete tomorrow….
 
So I hit decline last night and sent this over this morning. Via the DPS.

Deduction 1 - Rent Arrears
1 months rent according to the 2015 contract as a gesture of good faith.
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I understand the original contract stipulated 2 months notice, however I have paid Decembers rent on time and complied with all requests otherwise along with paying for cleaning of a flat already under refurbishment.
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The flat was not liveable in the last month of the tenancy due to boiler failure in the last month of the tenancy - thus a real need to leave as soon as possible.
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Think she’s upset, declined a call at tea time there’s and have an unread WhatsApp that begins “hi your.. your meant to confirm my refund. (Message continues)”

I guess I’ll see how it goes from here
 
cybershot said:
4 months on from agreeing sale and a no chain sale that should be hassle free, is surprisingly not. Mainly down to the solicitors surprise surprise all being shite. About to miss it's 3rd estimated completion because they can't sort the exchange out, usually because one solicitor or another is off ill or annual leave.

Unbelievable just how shit this process is in this country and and that these places can't get their shit together with a process that isn't in reality, that fucking hard.
The constant chasing to get anything done by people you're paying when you have your own job other shit to deal with as well.
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And done.

A simple single house sale, to first time buyers. One house. No Chain anywhere in sight. 5 fucking months.
 
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