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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My daughter and a work colleague are renting a 2 bed apartment

Resolved Question:

My daughter and a work colleague are renting a 2 bed apartment in Feltham London. Despite reporting a number of issues to the managing estate agent nothing has been done. This includes an under performing boiler that hasn't been properly serviced and a leaking toilet. In addition to this and despite repeated requests since taking on the flat in late June nothing has materialised concerning the allocated car parking space that should have come with the flat. What are my legal options to try and bring these matters to a satisfactory conclusion. I have threatened to deduct the cost of car parking when we had a use for the space but thus far have always paid the rent in full and on time.
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 :

May I ask for now what type of tenancy you have and what you want to achieve?

Customer:

Its an assured shorthold tenancy agreement. I want to receive all that I believe I should be legally entitled to under the agreement

Alex Watts :

Yes but they want to leave or compensation?

Customer:

No they don't, at this stage ,want to leave so what are the options re compensation?

Alex Watts :

OK - they need to get quotes for getting all the work done - this forms their loss

Customer:

And then.....

Alex Watts :

You need to write and set out your losses and request the work done or 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 do the work or pay 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:

where do I stand if I deduct some of the loss from the monthly rent? Say if I have to pay for 3 nights local car parking at £11/night and I deduct £33 from the monthly rent?

Alex Watts :

You cant that is a breach of tenancy and you can be evited.

Alex Watts :

* evicted *

Alex Watts :

You can ONLY ask for payment and then sue if it is not forthcoming'=

Alex Watts :

Does that help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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