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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter is a 2nd year student at Cardiff Met. She viewed

Resolved Question:

My daughter is a 2nd year student at Cardiff Met. She viewed a property in Dec 13 and entered into an agreement to take up tenancy on 1 July 2014. All deposits, bonds and letting agency fees paid up front. Bonds in March, rent and agency fees in June. We travelled from the north east (400 miles) to move her in on 1 July, only to find that the property was completely uninhabitable from an environmental, safety and fire perspective. Extensive mould and mildew to front bays up and downstairs, fire 'break glass system' hanging off wall, no glass and exposed wires, ceiling detectors no electricity supply, fridges rusted, mouldy with seals broken and black oozing gunge, soil stack in yard broken with contents running freely into the yard, showers limescale clogged with heads green/brown mould, toilet broken and overflow running continuously. Landlord not helpful, said he would try and get cleaners and some sealant to paint over the mould. I was unable to leave my daughter in the new house. Landlord stated that he would see what he could do and agreed she couldn't move in and agreed that we could have our money back for the deposits and cancel the agreement due to the state of the property and that he was going to take it up with the letting agency and tell them to refund. As I had to travel back to the north east, we went to another agency and found an acceptable property and my daughter has now moved in. Since the 1 July, my texts and emails were not answered by landlord until yesterday when I spoke to him on phone who said I had to contact the letting agency who would sort getting the students money back. I have contacted them today who have now said he has fixed up the property and we have to move in and that I can't have my money back. He also states that we are liable for all rent now until he finds new tenants. The girls gave a snagging list in Dec 13, where it was agreed that all issues would be remedied before they move in. I need advice re where I stand and what action I need to take next. Ive reported to Cardiff Council, I'm £3k out of pocket for paying all of the new fees and I don't know what to do next. Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 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 : 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 : You should issue a claim against the Landlord for any rents paid.
Alex Watts : You should issue a claim against the letting agents for any letting fees paid.
Alex Watts : This can be a single claim with the landlord as one defendant, the agents as second defendant. Just itemise how much you are claiming from whom.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

The letting agent is asking for copies of the photos I took inside the house - should I send them?

Customer:

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.

Customer:

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.

Customer:

In response to your advice 'take to my local county court' - I live in Sunderland but the property is in Cardiff, Wales. Do I take it to Sunderland Court or does it have to go to Cardiff Court?

Alex Watts : Yes send any evidence you have.
Alex Watts : You can take it to Sunderland but if it is defended as the defendant is an individual it would be transferred to his local court.
Alex Watts : But if only the agent defends as a company it will stay locally.
Alex Watts : If you have to go to a hearing you can claim travel at 45p a mile and time off work.
Alex Watts : Does that help?
Customer: I am writing the initial letter now, I will set out the losses as advised. Do I need to say what my issue is in this letter too. I have already written to him in email but I've not had a reply.
Alex Watts :

Yes I would set out the issues for the avoidance of any doubt.

Alex Watts :

Does this clarify matters for you?

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