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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning My name is***** and I am hoping you my

Resolved Question:

Good morning
My name is***** and I am hoping you my be able to give me some advice please.
Our family were due to move into a rental property on Saturday 20th September. We viewed on Wednesday evening and I had serious concerns the property would not be ready. The letting agents assured us that it would. My husband called them on Thursday afternoon to check progress and was assured again that the property would be ready. At about 330 on Friday afternoon my husband to check what time we could meet at the property and he was informed that we would not be able to move into the property as it was not ready. The problem being that the skirting boards apparently were not dry and so the carpet had not been fitted. We asked if we could still move the large items of furniture into the house into the kitchen dining room and utility room that would not be carpeted, as we had arranged a van, childcare, friends to help, time off work for myself ( my husband does not often work on a Saturday) and a carpet cleaner, oven cleaner and help with cleaning the rental property we were due to leave. We were refused. We were told that we should probably be able to move on Tuesday or Wednesday. We were also told several different versions of the events! We have suffered huge financial loss as a result of this and lost all trust and faith in the agents and we still dont know when we will actually be able to move. My Dad has just died from cancer and I am registered disabled as i have Multiple Sclerosis. We also have 3 young children. We have found another property which is available now and we would like to move into. I would need to pay the holding fee and reference fee today. I would like a full refund from Townends to enable us to do this as I believe that they are in breach of contract ( several lettings agents have agreed with this) We gave them every opportunity to rectify the situation to help us on Friday and Saturday but they did not even call us back as promised. Do we have a case because we need the deposit returned to secure the second property?
Apologies this is so long winded!!
Many thanks *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

If you have not been able to move in this is breach of contract and you are entitled to a 100% refund of all fees paid.

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.


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 :

Can I clarify anything for you about this today please?

Customer:

Apologies for the delay Alex I was on the phone to the agents who are too busy to talk to me at the moment!

Customer:

That is incredible to know and I want to thank you sincerely ***** ***** amazingly prompt reply. I now feel confident to go ahead.

Customer:

Thank you!

Customer:

Shena Turner

Alex Watts :

Happy to help Shena

Alex Watts :

If I could invite you to rate my answer before you go - there should be a button at the bottom of the screen

Alex Watts :

If you need more help please click reply

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