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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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hello i want to get advice from you, i have a problem with

Customer Question

hello
i want to get advice from you, i have a problem with my landlord.the house need to be repair he didn't do it i told him since jun 13 he always promise i have proof via sms when my family was getting sick causing of the damp i stay 1 months to call him and text him he never reply my message i told him if don't repair the house i won't him and go complain in the 2 council and both of them said the is not safe to live in the house i have proof of the inspection.the time i was processing my complain he knows he is wrong he send to court for holding his money and i have appointment for the court. Now i have 3 reports 2 from councils and one from a building inspector saying same the house need to be repair and the family have to move immediately and one council is in process to rehouse me and all my family are sick chest infection my children vomiting day and night and all sms i have proof to tell him to fix the house since jun and he always promise me and he never done done nothing and when he was doing his complain he said in the house at Aug 2012 and that's not true i come in oct 2012 so now what do you advice me.Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

I am truly sorry to hear that you have had to put up with this. What is it you want to achieve please?

JACUSTOMER-2mpn5hdv- :

i am going to court i never been their i told you my history i want to get some advice from you

Alex Watts :

I assume you have issued the claim, is that right?

JACUSTOMER-2mpn5hdv- :

is him who claim not me

Alex Watts :

Ok and he is seeking possession or arrears or both?

JACUSTOMER-2mpn5hdv- :

i was waiting to get council first and put him in court for negligent all my family are sick my daughter is using asthma pomp she nearly 5 year old

JACUSTOMER-2mpn5hdv- :

he is seeking only arrears

Alex Watts :

OK. Have you put in a defence? How much are the arrears?

JACUSTOMER-2mpn5hdv- :

the windows of the house is too old and is single glasses and the council ask him to change it he didn't do it

Alex Watts :

Have you put in a defence? How much are the arrears?

JACUSTOMER-2mpn5hdv- :

now is 3 months 2100 getting 4 this month

Alex Watts :

Is this a small claim, has it been allocated to track or given a trial date?

Alex Watts :

Did you file a defence?

JACUSTOMER-2mpn5hdv- :

yes i file it and send it to them

Alex Watts :

Ok - have you had a directions questionnaire yet?

JACUSTOMER-2mpn5hdv- :

the house is not safe to live that's why the council is rehousing me

Alex Watts :

Ok - have you had a directions questionnaire yet?

JACUSTOMER-2mpn5hdv- :

what you mind

Alex Watts :

Sorry I dont understand?

JACUSTOMER-2mpn5hdv- :

i don' t understand your previous question

Alex Watts :

Ok - have you had a document yet called a directions questionnaire?

JACUSTOMER-2mpn5hdv- :

i receive a letter from the court saying the landlord is claiming his money and i have appointment in 14/03/14 at 12h30 and ask some question about the case and i answer all of them and send it back to them

Alex Watts :

Ok - do you have letters from the Council regarding the state of the property?

JACUSTOMER-2mpn5hdv- :

i have email from thurrock council where the the housing officer said to me the house need to be repairs by the landlord if not they will not allow him to let the house agian

Alex Watts :

Ok - then when you go to Court you should take the letters and print out the email.

Alex Watts :

You can show the Judge this.

JACUSTOMER-2mpn5hdv- :

for Newham council i have i report for from the housing office where he said the family need to move imediatly is not safe for them health and

Alex Watts :

Ok - see if they will confirm this in writing.

Alex Watts :

But these are things you can show the Judge about why you should not have to pay.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-2mpn5hdv- :

see my family was sick about negligance can i claim something about him

Alex Watts :

Yes you could, but if you are claiming more than £1000 you need to be very careful as there would be high legal costs.

Alex Watts :

You need to send what is called a defence and counter claim, which would have been the document that came with the original claim form.

Alex Watts :

Does that help?

JACUSTOMER-2mpn5hdv- :

is somewhere they ask me if am claiming something from i said yes my family sick because of him

Alex Watts :

Ok - then you can clarify exactly what you are claiming for when you go and see the Judge.

Alex Watts :

But make sure you have all the evidence with you.

Alex Watts :

Can I clarify anything else about this?

JACUSTOMER-2mpn5hdv- :

but i don't understand where you said if i claim over 1000 i need to be careful

Alex Watts :

Because the Court Rules say if you claim over £1000 for injury it no longer is a small claim.

Alex Watts :

This means if you lose you could be liable for the legal costs of the other side which if they have a Solicitor could be over £7000

Alex Watts :

Therefore keep any personal injury claim at £1000 or below

JACUSTOMER-2mpn5hdv- :

but i have i medical record where show my son of 14 months is got chest infection and lang infection and using Pomp for breathing well my wife as well

Alex Watts :

If you are claiming more than £1000 you WILL need a Solicitor and you will NOT get legal aid.

Alex Watts :

If you are claiming below £1000 you can do it yourself.

JACUSTOMER-2mpn5hdv- :

and my daughter of 5 year old is more infected and he using asthma Pomp.

Alex Watts :

Please see my answer above, if you are claiming more than £1000 you will need a Solicitor.

JACUSTOMER-2mpn5hdv- :

can i make my claim after the first hearing day

Alex Watts :

No, you need to do this before.

JACUSTOMER-2mpn5hdv- :

but i said in the question i cliam for his negligan my family are sick

Alex Watts :

Yes you can claim for negligence

Alex Watts :

If it is over £1000 you need a Solicitor

Alex Watts :

Under £1000 you do not need a Solicitor.

JACUSTOMER-2mpn5hdv- :

can i get you like my solicitor?

Alex Watts :

Sadly not - the site does not allow me to work direct for people.

Alex Watts :

But if you go to:

Alex Watts :

http://www.lawsociety.org.uk/find-a-solicitor/

Alex Watts :

You can find one by you.

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-2mpn5hdv- :

with all evidence i have with me and picture of the house sms record and reports do you think the judge ask me to pay him his money

Alex Watts :

Yes if you ask for it and do it properly.

JACUSTOMER-2mpn5hdv- :

but he may not ask me to do it

Alex Watts :

But that is why if you are claiming over £1000 you need a Solicitor.

JACUSTOMER-2mpn5hdv- :

if he see i have right

Alex Watts :

ok

JACUSTOMER-2mpn5hdv- :

do you think i can i apply no win no fees for that

Alex Watts :

You can try.

JACUSTOMER-2mpn5hdv- :

i can no pay him the rents and claim 1000£

Alex Watts :

No, otherwise you could be evicted.

JACUSTOMER-2mpn5hdv- :

without solicitor

Alex Watts :

You can with hold rent.

Alex Watts :

You can claim £1000 or below without a Solicitor.

Alex Watts :

Can I clarify anything else?

JACUSTOMER-2mpn5hdv- :

i can hold rent and at same time claims 1000£ without solicitor

Alex Watts :

No you can not.

Alex Watts :

You will be evicted. You can not with hold rent

JACUSTOMER-2mpn5hdv- :

what i can only claim 1000£ and take it off from the rent i hold

Alex Watts :

No you can NOT do this.

Alex Watts :

You can NOT take off ANY rent.

Alex Watts :

You can ONLY claim for personal injury through the Court.

JACUSTOMER-2mpn5hdv- :

can i claim to hold the rent and nothing else

Alex Watts :

No.

Alex Watts :

You can ONLY make a claim through the Courts.

JACUSTOMER-2mpn5hdv- :

how much you think gona cost to get a solicitor

Alex Watts :

They normally charge around £150 an hour.

Alex Watts :

To take this all the way to Court and trial you are looking at £5000

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Can I clarify anything for you about this today please?

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