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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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the house that we were renting was flooded and not really useable

Resolved Question:

the house that we were renting was flooded and not really useable for 4 weeks over the new year period. We have since moved into another property however I am just wondering wether we can calim any refund on the rent for the period where we had to live upstairs? ( we couldnt move out completely as we have 2 cats)
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 :

Did the owner give you a reduction in rent at all? I assume it was flooded because of the rain please?

Customer:

yes, it was flooded due to the rain and no, we got no reduction in rent at all for the period from dec 24th when the flooding first occured to jan 12th when we finally found somewhere else to live and moved out. We have lots of pictures of the flooding just to show how bad it was. we stayed in a hotel for 3 days but had to come back to the house as we have 2 cats and I couldnt just leave them.

Alex Watts :

Sure. How much are you seeking please?

Customer:

monthly rent is £1750 so I am looking for a refund of 19 days.

Customer:

£1750 * 12 /365 * 19 = £1093

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

I understand what the process is the make the claim - I have been to small claims court on a number of occasions,My question is it is a reasoan]]]

Customer:

my question is more whether it is a reasonable claim and whether we are likely to get awarded the claim or end up with just court costs.

Alex Watts :

Yes I think its reasonable to make a claim. I dont think you would be awarded 100% of the rent but certainly I would say between 50-75%.

Alex Watts :

Does that clarify for you?

Customer:

yes, thats really useful. Thx a lot I will mark this as a great response.

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