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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have recently submitted complaints to Property Ombudsman

Resolved Question:

Hi, I have recently submitted complaints to Property Ombudsman because my agency and the landlord misled me in respect of internet availability. There was no BT landline installed inside of the building and I lived without internet for 3months, as a result this affected on my work. Since I work as a software engineer, broadband connection is obviously a top priority. If I knew that there was no broadband connection, I would not have moved in therefore I requested that they compensate for giving false information to obtain a new tenant, and for the loss of my income ( more than £5000) - This number I gave them to show much work I couldn't do.
This is their (agency) response to my complaint.
Whilst the landlords were willing to tolerate occasional working from home you stated in your email that you couldn't work for over a month and were consequently losing £350 income a day, this clearly constitutes using the property as commercial premises and contravenes the term of the Tenancy Agreement. I refer you to item 1.50- Permitted Use in your Tenancy Agreement (i) "Not to carry on at the property or allow the property to be used for any profession trade or business."
I want to know a definition of work here. Even checking work email is park of work. I didn't use the property as an office but you can still work from home if you don't go to the office or if you need to do more work. I'm employed but also working as a self employed - working on a personal project. Am I not allowed to do work at an rented property?
They sent me a notice terminating my tenancy agreement at the end of the initial six month term. I will move out but I still think this is not fair. At least they should make any offer or apologies for giving me a false information.
Thanks
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 : What is it you want to achieve please?
Customer:

I first want to know if the landlord can terminate my terminate agreement for the reason that I worked from home.

Customer:

my tenancy agreement*

Customer:

What is the exact definition of work here - "Not to carry on at the property or allow the property to be used for any profession trade or business."

Customer:

My agency/landlord even didn't say sorry for misleading the information. So I want to request again that they compensate for this. They terminate my tenancy agreement for occasional working from home.

Alex Watts :

But to confirm the Landlord is ending the contract at the end of the fixed period?

Alex Watts :

What amount of compensation are you seeking?

Customer:

yes. at the end of the initial six month term.

Alex Watts :

ok]

Customer:

I paid 6month rent upfront.

Alex Watts :

Ok

Customer:

I didn't want to pay rent until I have broadband but I have no choice.

Alex Watts :

So on what basis do you consider a 100% reduction reasonable on the basis you only have not had broadband and I assume the property was otherwise habitable?

Customer:

I wouldn't have moved in the property if I knew that there was no broadband.

Customer:

So I want at least one month rent which is £2000.

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:

Do you think this is fair?

Alex Watts :

I do not

Alex Watts :

Does that help?

Customer:

Yes. Thanks!

Alex Watts :

Can I clarify anything else for you?

Customer:

As long as I don't generate money from subletting or using other purpose of this property, I can work from home. Right?

Alex Watts :

I dont think that is unreasonable.

Alex Watts :

That is what I am doing right now

Customer:

Ok. That's clear then.

Alex Watts :

Hopefully!

Customer:

Thanks

Alex Watts :

Can I clarify anything else for you?

Customer:

No for now.

Alex Watts :

Great. Can I ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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