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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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hi i lease a premises from a private landlord, pay £1365 per

Resolved Question:

hi
i lease a premises from a private landlord, pay £1365 per month, they wanted £2400 per month. i offered £1600 and they declined. later the arbitartor reported the rent should be £1525 per month. landlrds want me to pay 50% of the arbitration cost. I think they should pay the full amount as i offered more than that before he was employed. also their surveyor wrote to me before employing the arbitrator that if i lost he will asked the arbitrator to allow the landlords to recover the full cost from me. now they have lost should thay not pay for the full cost. do i have a case?
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 : For now please let me know what does it say in the lease about arbitration cost ?
Customer:

shared equally, but the point i am raising is that we did not need to go to arbitration if the landlords were not too greedy. we offered £1600 prior to arbitration being appointed

Alex Watts :

Ok - has arbitration happened?

Customer:

yes and rent was decided £1525

Alex Watts : Ok, so you won?
Customer:

that is right

Alex Watts :

Did the Arbitrator make any award for costs?

Customer:

no, but he was not aware that we offered £1600 per month before he was employed

Alex Watts : Why did you not raise when the decision was made the offer please?
Customer:

we were told not to disclose any offers/counter offers as this may affect the independant valuation

Alex Watts : Ok.
Alex Watts : Then you should pay the arbitrator as he/she could claim the fees from you.
Alex Watts : bUt you certainly have a case against the landlord.
Alex Watts : Clear
Alex Watts : Clearly you offered £1600 and only £1525 was awarded so you should have your costs
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 signed 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:

the bill was sent to the landlords directly and they paid it. now they are trying to recover it from me. threatening me with bailiffs

Alex Watts : Ok. They can't get bailiffs without a court order. So You don't need to worry.
Alex Watts : .If they issue proceedings you can defend on the baiss they secured a lower amount than you offered.
Alex Watts : Therefoere you should not have to pay those costs.
Customer:

but they claim that they can send baillifs without going to court and close the shop

Alex Watts : in that case you can seek an injunction to prevent them from doing that. It's form N1 but also N16a as well.
Alex Watts : The process is the same but you seek an Injunction rather than money.
Customer:

can i download it

Alex Watts : yes
Customer:

which site?

Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
Alex Watts : And
Alex Watts : http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
Customer:

excellent. thanks

Alex Watts : can I clairfy anything else?
Customer:

this is good . thanks

Alex Watts : Great. If I could ask you to rate my answer before you go, the button should be at the bottom of the screen.
Alex Watts : if you need more help plesse click reply.
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