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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I had to move out from a privately rented property as my landlord

Customer Question

I had to move out from a privately rented property as my landlord refused to fix any of the problems reported which I have evidence that I reported the problems on various occassions (basically for nearly two years). This led to there being a massive damp and black mould problem (which I have photo and video evidence of). I done everything that the agents told me to do to prevent the mould etc but there was no ventilation in one of the rooms as the doors were stuck and would not open, which I reported. This then lead to my own personal belongings becoming mouldy in every room. I reported this to the agents and asked them to ask my landlord to replace the items that had been damaged due to negligence on her part and she ignored me. This kept on happening so I then had to move. I sent emails stating that I was seeking compensation for the items that had been damaged (over £800 worth in the end) but the agents told me that my landlord was pissed off (in those actual words) that I had even asked her for compensation and that she had no legal obligation to refund me for the items damaged. She broke the terms on the contract by not repairing the problems that I had reported. I then proceeded to send one last email stating that I would be taking legal action. They never replied so I sent them another one to remind them and they came back with a "gesture" of £60! Please someone give me some advice on what I can do. The agents asked me why I didn't use my insurance but not only would I have had to pay the excess but they told me as this was an on going problem that the landlord should have sorted they would not send someone out and my insurance was only fire, theft and accidental damage. Which mould and damp would not be classed as any of those. Help! Many 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, 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 : Can you just clarify your total loss please?
Alex Watts : Is it over £800 inc the £60 goodwill?
JACUSTOMER-g4nuw55b- :

Hi sorry the total comes to over £600 not £800, typing error. She apparently offered me £60 in total today as a gesture of goodwill but its not really a gesture when i've lost over £600 worth of belongings!

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.

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

The Court will then issue the claim which will be sent to the Defendant 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.

Can I clarify anything for you about this today please?

JACUSTOMER-g4nuw55b- :

I sent the managing agents an email stating that the landlord had 21 days to respond. They didn't respond so I had to send another email to ask him to contact her again and let me knowthe outcome and only then did he reply with the £60 offer.

JACUSTOMER-g4nuw55b- :

I just want to know that I am within my rights to ask for my money for loss of personal belongings because she did not fix the problems within the flat whilst I was living there. With the letter that I send to the managing agents do I need to send evidence of my belongings that have been damaged? Although I have already sent pictures of what was damaged and I have video evidence so will that be enough to claim my money back? I have been told by the managing agents that she has no legal obligation to pay me anything but I think she does as she broke the terms of the contract by not fixing the problems when they were reported. Thanks

Alex Watts :

Yes you are in your rights if the loss was caused by the breach

Alex Watts :

Does this clarify?

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