Thank you. I think that you are being optimistic.
I am sorry to be so blunt but I don't think that you are actually suffered any
loss other than loss of reputation. There is no financial loss which would be
easy to quantify.
Because of that, this is likely not to be small
claims court although you never know which track the court will allocate such a
If the amount you want is over £10,000, it will
certainly not be small claims court and if you lose, you would end up paying
the estate agents legal costs. There is no doubt in my mind that they are in
breach of contract and breach of the provision of the Supply of Goods and
Service is Act but the difficulty is actually ascertaining what that is worth.
I cannot see on what basis you can possibly be
entitled to one year's rent.
I can see a basis on which you would be entitled
to a substantial rebate of the agent's fee and my suggestion would be to start
negotiating at about 50%.
Unfortunately, if they don't beatifically roll
over and get their cheque book out you are faced with taking them to court with
all the inherent costs and risks.
I appreciate that this is not the answer you
wanted but there is no point in me misleading you. I have a duty to advise you
truthfully and honestly, even if that answer is unfavourable. Please remember
that you are not paying me to go to court on an hourly rate and therefore I
have no vested interest in saying whether this is a good claim or a bad claim.
I do think it is a good claim but I don't think
it is worth what you are anticipating based upon the facts that you have given
me unless you can prove substantial distress as a result of it.
Does that answer the question? Can I assist
further or answer any specific queries?
If you have not done already, please don't forget to positively
rate my answer service even if it was not what you wanted to hear. You should
now see a series of buttons which enable you to rate my answer service formally.
If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating.
It doesn't give me, "a pat on the head", "good boy" (like ebay), it is my
If in ratings you feel that you expected more or it only helped a little,
The thread does remain open for me to answer follow-up questions
after rating my answer service.
Rating doesn't close the enquiry at
all even though the site may give that impression. It remains open for you to
read and ask for further clarification.
PS Experts on here are online and off-line all day each day and
weekends so please bear with me if I do not get back to you immediately.
PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
hear me correctly and you will get an incoherent word. I do try to but
sometimes they slip through. I apologise therefore if anything doesn't make sense.
It is me losing it, not you. Just ask if anything is not clear please.
I am off-line shortly until late this evening but will pick this