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 ?
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?
yes and rent was decided £1525
Alex Watts : Ok, so you won?
Alex Watts :
Did the Arbitrator make any award for costs?
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?
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?
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.
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.
can i download it
Alex Watts : yes
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
Alex Watts : can I clairfy anything else?
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.