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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good evening, I rent a two bedroom flat, on the 29th Nov 2013

Resolved Question:

Good evening,
I rent a two bedroom flat, on the 29th Nov 2013 the flat above had a leak which in turn damaged our ceilings. The ceilings went mouldy shortly after resulting in a horrible smell throughout the flat.. The insurance company has only just agreed for the work to be carried out. We will need to move out for 3 weeks. Can you please advise what we should be entitled to in regards ***** ***** accommodation and daily allowance for meals and laundry. Are we entitled to 2 rooms in the hotel as my wife works shift work which consists of very early starts, late finishes and also nights. To stay in one hotel room would be very difficult over a three week period. Also would we be entitled to any compensation as we have been unable to have guests around or family to stay for the last eight months due to the condition of the flat. The insurance is taken out by the landlord and all flats within the complex are insured by the same company.
Many thanks
John
*****@******.***
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Has your Landlord offered to pay for alternative accommodation please?

Customer:

yes a hotel room and £30-£40 food allowance per day between us.

Alex Watts :

Ok - if he has offered this, what is it you would like to get instead?

Customer:

Well like for like, we need two bedrooms as we have in the flat because my wife works shifts. We need a food allowance, laundry allowance, parking, and some compensation for putting up with smelly mouldy ceilings for 9 months, what do you think we are entitled to?

Alex Watts :

How do you need food allowance? Would you not have to pay for food anyway?

Customer:

I can cook at home, I can do laundry at home, I can make a sandwich when required, we can sleep in separate rooms as not to disturb the other when getting up at 4.30am or when coming in from night shifts. surely we are entitled to the same. We have been paying full rent for the last 9 months while the ceilings were smelly and mouldy and not been able to have guests. If I were to eat at home it would cost a fraction of the price as to eat out.

Alex Watts :

But you would have to purchase food and washing powder etc anyway? I assume it is just the extra cost of these items you want to claim back?

Customer:

yes, but I still want to know if I am entitled to two rooms,as I have in the flat. And compensation for putting up with the smell and mould for 9 months

Alex Watts :

You are entitled to everything

Alex Watts :

So you can claim for 2 rooms, cost of stress, food, laundary.

Alex Watts :

However I dont think any claim for extra expenses will be more than £200 per day

Alex Watts :

But you can claim for 2 rooms and all the extras

Alex Watts :

If the Landlord refuses you pay you can sue

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 recorded delivery and keep a copy.

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.

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.

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.

Can I clarify anything for you about this today please?


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