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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I recently did a mutual house exchange between 2 housing association.

Resolved Question:

I recently did a mutual house exchange between 2 housing association. we were due to sign over contracts 10am on 14th february 2014, at approx 9am that day my housing officer phone up and cancelled the signing, due to a electrical test of my property had not been done. Due to this late cancellation, I was due to move on 15th february I had to cancel my removal company which was under 24hrs notice which I had to pay full cost £595.00. I did move the following weekend once the electric test was done at another cost of £595.00.
Since then I have sent 2 letters, 4 e-mails, several phone calls to claim the cancellation cost back. I finally got letter back stating. Mutual exchanges are agreed by tenants and are responsible for all costs associated with moving house and the landlord is not liable for any removal costs and incidental expenses incurred during the exchange.

Where do I go from here as cancellation of the first signing was clearly there fault
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 :

Have you asked for your costs back?

Alex Watts :

Was the document actually signed for exchange please?

Customer:

Yes and standard housing association contracts

Alex Watts :

Ok - in that case you could sue for breach of contract.

Alex Watts :

I am not sure whether it would be the tenant or association

Alex Watts :

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

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

The Court will then issue the claim which will be sent to the seller and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.


Alex Watts :

Can I clarify anything for you about this today please?>

Customer:

Many thanks

Ash and other Law Specialists are ready to help you