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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Taking letting agency/landlord to the small claims court for

Resolved Question:

Taking letting agency/landlord to the small claims court for poor maintenance of property.
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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Alex Watts :

Could you please explain the situation a little more?

Customer:

Hi, it was a rented property in Scotland and we had various problems whilst living there. The landlord was not happy with the letting agency and this meant we had to deal with two parties, he would on most occasions provide my contact details to contractors without my consent.

Customer:

The biggest problem was with the heating which never worked right since we stayed there. The boiler was 40yrs old and eventually stopped working leaving us without heating and hot water for a month last year. The letting agency was arranging repairs whilst the landlord had contractors calling me again. Eventually his people replaced the entire heating system in a day - we had to rearrange the furniture etc so they could lift carpets and had to arrange for pets to be put away at our own cost.

Customer:

There was a lot of damage to the property whilst his people worked and he never came to check anything, neither did the letting agency as they didn't want to get involved because it was his contractors.

Customer:

I sent in a complaint with pictures detailing our problems and said I felt we were due compensation - the letting agency said he refused because we had a new boiler?

Alex Watts :

OK - what is your question about this please?

Customer:

Who do I take to the small claims court the letting agency or landlord?

Customer:

In Scotland

Alex Watts :

The landlord

Alex Watts :

Your contract is with the landlord, NOT the agency

Alex Watts :

The agent is just that, acts on behalf of the Landlord

Alex Watts :

You always sue the Landlord

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Ok so I can take him to the small claims court in Scotland, I understand it is £71 to lodge a summons.

Alex Watts :

I dont know the fees, but yes you will have to pay one, depending on value

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