Originally posted by Old Hack
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What can my landlord do?
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Originally posted by GillsMan View PostHaha, settle down. Jaysus. [IN MY OPINION], It's very likely that the tenant could make a claim to the courts that this term is unreasonable as defined by the UTCCRs. [IN MY OPINION], Judges tend to take a very dim view on LLs who ask Ts to fork out an unspecified amount of money in the event that you're claiming for something as arbitrary as "loss of earnings".
Your loss of earnings are, I assume, your LtdCo's loss of earnings while you - as sole employee of your company - are unable to work on billable days due to chasing a T for unpaid rent/damages. Correct me if I'm wrong on that count. Assuming I'm right, I don't see how any court would force a T to pay for that. Maybe you're just lucky, but if you try that on someone who actually knows something, you might find that a court doesn't award in your favour.
If I have a contract which states, and has been pointed out, that any losses to my earnings I incur chasing any lost rent and/or damages will be sought in court, is contractual. It's like saying I am not paying for damages to my lease car, as whilst it is in the T&C's, they aren't fair. In my last lease of a car, it said any damages which kept it off the road, I would be liable for lost income. I see no difference.
But once again, I refer you to legal advice I have been given, and have used, in court, which allows me to claim for 'loss of earnings'. This is different to fixing a broken boiler (as that is part of my legal obligations stated in the contract), and I am legally entitled to claim for any loss in my earnings, after being forced to take a T to court through damages, rent unpaid. Can you see the difference? This is part of our contractual obligations: you pay rent per month you are there, and keep the house as you entered it, otherwise you are liable for the damages. Forcing me to take time off work to chase these damages, and me claiming for losses I incur, is legal.
I think I'd get as much money from someone who allegedly knows what they are talking about, as someone who doesn't. Damage the house, pay for damages, solicitor fees, court fees and loss of earnings it's standard fare. I don't think you know as much as you like to think you do.
Savvy?Comment
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Originally posted by scooby View PostFirstly, the guy is an arse.
Scooby, I think we've found your landlord.Comment
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Originally posted by Old Hack View PostOk, fixed a couple of things to start.
If I have a contract which states, and has been pointed out, that any losses to my earnings I incur chasing any lost rent and/or damages will be sought in court, is contractual. It's like saying I am not paying for damages to my lease car, as whilst it is in the T&C's, they aren't fair. In my last lease of a car, it said any damages which kept it off the road, I would be liable for lost income. I see no difference.
But once again, I refer you to legal advice I have been given, and have used, in court, which allows me to claim for 'loss of earnings'. This is different to fixing a broken boiler (as that is part of my legal obligations stated in the contract), and I am legally entitled to claim for any loss in my earnings, after being forced to take a T to court through damages, rent unpaid. Can you see the difference? This is part of our contractual obligations: you pay rent per month you are there, and keep the house as you entered it, otherwise you are liable for the damages. Forcing me to take time off work to chase these damages, and me claiming for losses I incur, is legal.
I think I'd get as much money from someone who allegedly knows what they are talking about, as someone who doesn't. Damage the house, pay for damages, solicitor fees, court fees and loss of earnings it's standard fare. I don't think you know as much as you like to think you do.
Savvy?
The legal profession are the same as everyone else in this world. They will argue that their fees are reasonable and everyone else's are unjust, excessive and present a counterpoint quote to show that the amount claimed is inappropriate. (Un)fortunately judges being former lawyers usually agree with them.
However keep up the good work. You should bring that heart attack forward a few years with your current attitude.merely at clientco for the entertainmentComment
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Originally posted by eek View PostI would be very surprised if you actually did. My first reaction would be to ask for prove that you minimised your costs. When you confirmed that you hadn't I would ask for that to be taken into accounts.
The legal profession are the same as everyone else in this world. They will argue that their fees are reasonable and everyone else's are unjust, excessive and present a counterpoint quote to show that the amount claimed is inappropriate. (Un)fortunately judges being former lawyers usually agree with them.
However keep up the good work. You should bring that heart attack forward a few years with your current attitude.
As for fees being reasonable, I have found a copy of a contract and list of days I have had to take off suffice. Works for me. Missed days seeing lawyer. Missed days seeing builder/painter/plumber to fix damage. Pretty fair.
Nice to see the earlier argument of there being no chance has been removed for one of reasonable costs now...
The thing is, it appears with you, a litle information is dangerous in your hands.Last edited by Old Hack; 7 June 2012, 11:11.Comment
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Originally posted by Old Hack View PostCracking, make fun of me and miss the argument. Very intelligent. No heart attacks here. I pass all stuff to the lawyer when things happen.
As for fees being reasonable, I have found a copy of a contract and list of days I have had to take off suffice. Works for me. Missed days seeing lawyer. Missed days seeing builder/painter/plumber to fix damage. Pretty fair.
Nice to see the earlier argument of there being no chance has been removed for one of reasonable costs now...
The thing is, it appears with you, a litle information is dangerous in your hands.
You're welcome to try but the more you talk the bigger the total you lookmerely at clientco for the entertainmentComment
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Originally posted by eek View PostTo be frank you are an idiot. What you can claim due to an injury caused by a liable third party is not the same as you can claim for you inability to manage and credit control a separate business.
You're welcome to try but the more you talk the bigger the total you look
I don't claim money for my business, I claim my loss of earnings, which includes Divis, and wages, less an amount for expenses (not paying for travel/food). Speak to any insurance adjuster, lawyer, insurer, and they understand what a contractor is, regardless of his tax set up. To state otherwise makes you out to be a be a bit foolish. What you are doing, is stating your opinion, and dressing it up as fact.
The rest of what you've posted, is simply insults, and any child can do that. Try and coem back with some facts, and I'll listen.
Savvy?Last edited by Old Hack; 7 June 2012, 11:39.Comment
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Originally posted by Old Hack View PostI can't see how you can rent without references.
I have never been asked for a reference when renting and I've been renting since I was a student.
Even now that I have a house with a mortgage I still rent when working away from home to avoid prolonged hotel use and I still never get asked for references.Coffee's for closersComment
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Originally posted by Spacecadet View PostI have never been asked for a reference when renting
Originally posted by Spacecadet View PostEven now that I have a house with a mortgage I still rent when working away from home to avoid becoming a lardy gut bucket like pondy and I still never get asked for references.Comment
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