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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem with the letting agents when I moved into

Customer Question

I have a problem with the letting agents when I moved into the small room( and I mean really small I can hardly turn around) the understanding was I would be there temporarily and i signed the agreement, though we made the agreement of moving me into a bigger place like a 1 bedroom flat and i would get 1st look into a bigger property if they have one which was by mutual consent. Now I found out the other day they weren't bothered to give me another place and even the room I am staying is being advertised as empty and I have been there for a over a month now. A tenant that lives downstairs has made life intolerable for me and he steals my food, drinks and letters to the point it nearly came to fisticuffs if not for the invention of another tenant who separated us from fighting. I reported this to the letting agents but they were not bothered to intervene, how can I sue the agents or what do I do in this instance...? The bathroom hot water doesn't work. When I am having a bath it suddenly goes cold and comes back really hot and goes cold again. All the tenants upstairs use the downstairs bathroom except me because it would make me late for work so I use the works bathroom or use the gym's in the morning. Please help

I was ripped off by the agents and I intend not to the next month's rent because as a tenant I have every right to live peacefully. They never told me they had a tenant who is a drug user, a thief and a thug. I had to cancel my monthly travelling card because he took it and I have evidence of that. The agents tried to deny that they didn't promise me a new bigger apartment or move me when they find a bigger and better place.

I also need to know if there is by law a standard sized small room that is allowed to be rented out.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

Was there ever anything in writing to say it was temporary please?

Customer:

No, they just let me sign the agreement, if it was put in writing I would hold them responsible and the day I got the room they knew I was desperate because I just came from London on a Monday to start work the next day Tuesday and I knew no one in Lincoln.

Customer:

They took advantage of my situation.

Customer:

so what do u think I should do

Alex Watts :

It sounds to be that they are in breach of contract.

Alex Watts :

This is misrepresentation

Alex Watts :

That is where one party makes a statement, the other relies in it and the statement turns out to be false.

Alex Watts :

The fix for this is that both parties go back to the position they were in before the contract was made.

Customer:

It is because u need to look at the room itself because I can't even have a tv in there.

Alex Watts :

Yes of course.

Alex Watts :

Therefore they are in breach of contract by false representation

Alex Watts :

You are entitled to end the contract and move out without owing additional rent

Alex Watts :

However the longer you leave this the harder it is to claim, because you need to show that you do not agree with their breach

Customer:

What's my best possible cause of action now?

Alex Watts :

The longer you stay there, the harder it is to claim that

Alex Watts :

You have 2 choices

Alex Watts :

1) Move out

Alex Watts :

2) Stay and claim compensation

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Oh please

Customer:

please do

Alex Watts :

ok?

Customer:

Anything else I can do..? The name of the letting agent is Spericle Group in Lincoln

Customer:

Yet they keep advertising bigger and better properties and they kept lying to me that they don't have anything.

Customer:

Can I go to court and make a case against them..?

Customer:

What specific case can I bring against them...? Please I need to know..

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?

Customer:

My losses are not just financially related but also psychological and how I make people like that pay for such things..?

Customer:

Sorry, I meant how do I make people like that pay for such things..?

Customer:

Will all these answers be sent to my email address as I will be delighted to have them there as a reminder and a guide to what I need to write...?

Customer:

The only thing I didn't give to them is proof of where I work which actually is a requirement before they rent out a room or any property. Will that make any difference..?

Alex Watts :

Any psychological loss you need to be careful. If you claim that then you need to have a special report to say how you have lost. You can claim a notional sum of about £500 without having this done

Alex Watts :

The fact you did not give proof of where you work makes no difference

Alex Watts :

As soon as you rate my answer the format changes so you can copy and paste or come back to the question at any time

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yeah, why do you keep disappearing..?

Customer:

Don't worry u did well for me today and I appreciate everything u said.

Customer:

So the minimum I can claim for psychological effect is £500 with no proof..?

Customer:

Look I need answers

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks a mil..

Expert:  Ash replied 2 years ago.
Happy to help!
Customer: replied 2 years ago.

Is there anyway you can help write the letter to sue them to court please..

Expert:  Ash replied 2 years ago.
Sadly I can't - its against site rules. I am sorry.

Alex

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