Quick Interpretation of a contract.

Clockworkmark31

Hi all, it has been along time since I have visited these forums and missed the banter and help.

Was just wondering if you could give your interpretation of this section of a contract, mainly bullet point 2.

(iv) Should any payment remain unpaid 30 calendar days after the date specified in this Licence for payment charges may be applied as follows:

>A charge of £50 will be applied or

>>If it is deemed by Us in Our absolute discretion necessary to serve on You a letter and/or Legal Notice in respect of the arrears a charge of £100 will be applied

This is all the options available under 4.14.

So my question is, If it has been less than 30 calendar days (20 days), can they enforce this section or are they in breach of their own contract?

JGTR

Breach of contract, the 2 options relate to being over 30 days late which you are not

Clockworkmark31

Thankyou JGTR, this is what I thought when I received the letter and just finally checked the contract.

Basically I have just been served with 2 weeks notice that I need to leave the property, because I am less than one month in arrears and told them payment will be made in full by the end of the month. Just started a new job.

I received a letter a few days ago asking for payment in full by today or notice will be applied today.

My understanding to the points that they made, is they cannot enforce them until 30 calendar days have passed.

JGTR

My wife works in homelessness and housing, she said she would need to know more provide specific advice but basically she's pretty sure they can't do that - she recommends local Citizens Advice or Council Housing Advice Service.
There is a lot of law and legislation around housing so don't get too drawn into the wording in the contract, the law is what they/you need to abide by despite what contract may say. Loads of info online.

Clockworkmark31

Thank you again,

I went to the local council today and they couldn't offer specific advice. As they have never dealt with a Property Guardian situation, but advised me to go back with the original contract.

This is what prompted me to check it, and from what I can see, they are in breach of there own contract. Was just wanting to check. Will be seeking legal advice on Monday.

JGTR

Property Guardian doesn't offer tenants many rights AFAIK so probably best taking legal advice :-(

Clockworkmark31

JGTR wrote:

Property Guardian doesn't offer tenants many rights AFAIK so probably best taking legal advice :-(

Will be doing so on Monday, seems strange that they have breached there own contract.

Clockworkmark31

JGTR, quick question and I appreciate if you cannot answer.

Do all bonds have to be held within a government approved bond scheme, weather it is for renting or for property guardians?

Had a word with the local council today and they say it has to be held in one and to check all paper work. Checked it all and emailed them the "PGs" and they say they hold it.

From what the council have said regarding the breech of contract and if the bond is not held in a government approved bond scheme it would be an illegal eviction.

Having emailed the "PGs" expressing my feelings they have said I need to clear the arrears (will not be a problem) and pay another month upfront for them to consider options within the 14 day notice period.