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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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The leases above my flat sent me an email admitting she stopped

Customer Question

The leases above my flat sent me an email admitting she stopped my flat being sold by being a "bitch to my estate agent and prospective buyers" she also was racist to me in the emal calling me a half breed whos ancestors were slaves chained to boats disgusting carribeans she ranted..
the estate agents has given me a witness statement confirming she was obstructive and she made it impossible to sell my flat. I have now rented out my flat.. can I sue her for damages and how much can I sue her for.. my flat being sold would of given me 70k after mortgage paid???
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help with this.
Alex Watts : I assume even if you sell the flat now it would still give the same yield please?
JACUSTOMER-ak1k6inx- :

Yes

JACUSTOMER-ak1k6inx- :

Is this not a breach of my human rights to sell my own flat without being deliberatly obstructed?

JACUSTOMER-ak1k6inx- :

What action is the best route for compensation?

JACUSTOMER-ak1k6inx- :

why is it taking so long to get an answer?

Alex Watts :

Sorry I was at Court for a very long time.

Alex Watts :

There is no breach of a human right here

Alex Watts :

You can only claim human rights against public bodies, such as the Government, Government Department or Council etc

Alex Watts :

You dont have any human rights from another individual or non public body business.

Alex Watts :

However if you are going to sell the flat and get the same price, all you can claim for is the difference and losses because of this, ie the extra interest paid on any mortgage.

Alex Watts :

You need to write and set out your losses and request a payment 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 pay 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?

JACUSTOMER-ak1k6inx- :

the estate agents at the time were going to charge me 0.5% commission to sell my flat and now they want to charge me 1.75 to sell the same flat as the market has now changed can i claim for this also?

Alex Watts :

Yes you can.

Alex Watts :

This is an additional cost.

Alex Watts :

You may have to show that the sale was very likely to complete, rather than just speculative

Alex Watts :

Does that help?

JACUSTOMER-ak1k6inx- :

my mortgage payments are interest only and I've made around 6 monthly payments since this time i have rented my flat out over the last 4 months so does this mean i can claim for the unrented time only?

Alex Watts :

Yes it does. You can only claim for actual losses as a direct result. You can't double cliam

JACUSTOMER-ak1k6inx- :

are there emotional damages i.e. stress caused i can claim for?

Alex Watts :

You need to be careful for that. You are going beyond the realm of a small claim.

Alex Watts :

To give you an idea, I was in Court yesterday when someone had suffered 3 years distress, but they only got £3000

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-ak1k6inx- :

the lady in question is taking me to court based on me not paying her £500 towards the communal carpet and for the stress of that has asked in the court papers for me to pay £2000 compensation for this and she will donate this to charity...she fails to see she has instigated the vitriol between us both and admits to being the sole cause and deliberately sabotaging my flat sale. i have this as evidence from her email to me...how will the courts most likely view this and her request for compensation?

JACUSTOMER-ak1k6inx- :

i plan to to counter her claim

Alex Watts :

Although that is a separate question I am happy to help. She can't justify £2000, the Court is likely to dismiss this part of the claim

Alex Watts :

Can I clarify anything else?

JACUSTOMER-ak1k6inx- :

i have a witness statement from the estate agents who clarifies she made it impossible to sell as she would come out into the communal area and start being offensive to him and the viewers with her admission by email would this amount to a very strong case against her?

Alex Watts :

Lawyers dont use the word very strong, but litigation is never certain. But on balance you have a claim

JACUSTOMER-ak1k6inx- :

ok, thanks

Alex Watts :

Great. Is there anything else I can help with today?

JACUSTOMER-ak1k6inx- :

no.

Alex Watts :

Ok. If I could invite you to rate my answer before you leave today

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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