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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Am looking to see if I can take legal action against a landlord.

Resolved Question:

Am looking to see if I can take legal action against a landlord. We paid late on one month because we had to take on another house early and were effectively paying for 2 houses. I have held back 1/3 of my deposit from last months payment because landlord effectively walked into our house when we were out without permission or asking and the amount owed is effectively just the last 2 weeks of contract when we are not there anyway. He hasnt let the house at the moment (vastly over priced) and effectively now actually owes me around £2500 , which is a deposit of £4500 minus £1000 withold rent and other bits and bobs I have let the agency do like cleaning and checkout etc. he has today emailed all my referess on our new house and the lettings agency and the referencing company telling them we are unreliable tenants and implying we have walked out owing money (we do not, he now owes us) These include my boss, one of my cleinets, my current letting agency etc. I am not sure who gave him my referees details but am absolutely horrified and very upset. The thing is this guy is a very senior retired lawyer and an ex lord mayor of London.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** 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 : So for an uninvited entry when you were not there, how much are you seeking to claim?

For the uninvited entry I would have lived with that-albeit cheesed off, but am more concerned about the fact he has today contacted everyone and his mother about us by email including the current agency (who are very lovely)my lovely boss who we do all our work for (we are self employed but do all our work for one client) plus that companys "general" email address, so even the post boy will know and no doubt tell the whole office etc plus the referencing agency. The previous lettings agency told me they though he was completely out of order only last month with the horrible email when I paid late (12 days) and the uninvited entry and they havent responded yet to this action today (but as they are currently marketing the property its a difficult position for them) This isnt a cheap house , its a £3000 a month house and at the moment are paid up in full to 30th June and our contract finishes 11th July but we have already moved. His email to everyone implies we have moved out and still owe money on the house but as it is they also have £4500 deposit and as far as Im concerned this is not these other peoples business anyway. He has ruined my holiday, caused a great deal of embarrasment and is in my opinion a complete ar**. The problem is hes also a retired very senior lawyer/barrister, a real big wig and I can see that whilst this is irrelevant, it causes issues. Everything is actually in his wifes name anyway, so as far as I can see, him entering my house without permisson is actually burglary. ! He also seemed to have access to "all" my referees on my current house (I guess he used the ones we used when we had his house) plus he knew who my new lettings agency were. He is also claiming they will take action against what is owed, but we oew nothing , as at the moment the deposit held is well in excess of any "owed amounts" even allowing for checkout fee, cleaning and any rent--several thousands in excess and the agency know this as well. Technically its not a managed propert, however the agency have dealt with money paid every month, checkouts etc. They themselves just dealt with any repairs.

Alex Watts : How much are you seeking please?

I am not seeking anything in theory if I cannot do so, I just need to know "if" I have grounds for taking any action. If I "can" seek damages under a particular "act" then I have no idea how much to seek and would need advice. I am more concerned about getting a letter stating an apology and emailed to the appropriate people. However if I "can" claim, in this case it would give me great satisfaction provided it doesnt cost me an arm and a leg to do so and have good grounds as he as a "senior lawyer" no doubt wont have "any" costs.

Alex Watts : Yes you can seek action.
Alex Watts : It was an unlawful entry.
Alex Watts : It was a beach if the tenancy agreement for peaceful enjoyment.
Alex Watts : Also by telling other people he is in breach of the data protection act.
Alex Watts : As for any claim it would be li
Alex Watts : limited to £500 or less
Alex Watts : This is because there is no lasting injury.
Alex Watts : Does this answer your question, or do you want to know more please?
Alex Watts : Any claim below £10,000 is a small claim and you can't claim legal costs generally.
Alex Watts :

Does it count as no lasting injury if he has "damaged my reputation" with friends and clients and my current letting agency -who if they take notice of it may decide not to extend tenancy on our current house? Thats a pretty bad "lasting injury" .What if my client had said they didnt want to work with us because of this--they wont, but they could have done.


Also can the action include making him send an apology because of the breach of data information.

Alex Watts : Injury to reputation you would get a very limited amount. To give you am idea 3 month whiplash injury you would only get £1500
Alex Watts : So any claim will be limited.
Alex Watts : Judges like to award for things they can quantify.
Alex Watts : Does that help?

Thats fine thanks. I think I will take action though on unlawful entry simply because he has annoyed me so much with the other issue.

Alex Watts : Great, if I could invite you to rate my answer before you go today.
Alex Watts : If the system won't let you please do say,
Alex Watts : If you need more help please click reply.
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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