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 : How much do you pay a month and how many months has it been like this please?
I pay £1,250 a month and it has been like this for 9 months. It was more or less mended last week but as I said the worktop was broken in the process and the work is therefore not complete. They have given us no idea when the work will be complete and therefore the claim could be made. Thank you Alex - Anne
Alex Watts : Ok. You should get quotes for getting the work done and timeframe.
Alex Watts : Then you can write to your landlord and set out your losses.
Alex Watts : In your claim you can set out past losses and continuing losses.
Alex Watts : There is no reason your landlords can't pay past losses, even if there is no payment on future loss
Alex Watts : I think you would be looking at a 50% reduction in rental value for the duration.
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 signed delivery and keep a copy.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : can I clarify anything for you about this today please?
Alex Watts : Hello
Hi Alex Thank you this is very helpful. The landlord has arranged for the work to be done so our losses are in the unpleasant way we have had to live for 9 months. We shall follow your advice. In my initial question I asked whether our rights would be affected if we withhold paying rent until the matter is resolved. Please can you advise on this? Thanks
Alex Watts : You can't with hold rent. That could lead to you being evicted.
Alex Watts : So don't with hold rent but go the proper route by making a claim.
Alex Watts : If this answers the question might I invite you to rate my answer.
Alex Watts : If the system won't let you do please say.
Alex Watts : If you need more help please click reply.
Hi thanks Alex, I may need more help , just having a moment to think . Thanks for your patience
Alex Watts : Sure of course.
You have been very helpful. Can I just verify regarding if we have to take the landlord to court. You said we will not need representation. Does this mean we will not have to pay fees to the court ?
Alex Watts : You will have to pay court fees to issue and hear the claim
Alex Watts : But if you win those are added to the claim itself.
Alex Watts : Does that clarify ?
Hi Alex, You have been very helpful. Please can I verify regarding if we have to take the landlord to court. You said we don't need legal representation. Does this mean we won't have to pay court fees? Thanks very much
Alex Watts : You will have to pay court fees but if you win those are added to the claim.
Alex Watts : Does that clarify matters?
Thank very much Alex for your help. I am very pleased and shall give you an excellent rating
best wishes , Anne
Alex Watts : Thanks, XXXXX XXXXX try and rate, if the system doesn't let you please say.
Alex Watts : All the best Anne
It won't let me rate as it says you have not finished answering
do I need to press "save and exit " before I can rate you ?