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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My Son signed a Tenancy agreement on 14 September 2013 for

Customer Question

My Son signed a Tenancy agreement on 14 September 2013 for a period of one Year and at 1600 per cal month and paid the whole amount in advance to the letting agent plus a deposit of 2214. The Boiler for hot water stopped working on 10 August 2014 as did the washing machine and dishwasher. My son called the Landlord but no repairs were carried out. In early September 2014 my son agreed a new tenancy for six months on the condition that the repairs were carried out. My son signed the Tenancy and paid £665 pounds to the Landlord in cash. No Bank details were supplied for further payments and the Landlord wanted all payments in cash. My son told the Landlord that he cannot pay the rent in cash. The Landlord did not provide the Bank account details or carry out any repairs.
The Landlord served an eviction notice in November 2014 and my son took a lease on another flat from January 12 2014 and asked the Landlord for his deposit to be returned and Bank details to pay the balance of rent, neither of which happened. I carried out a search of DPS and was (wrongly) informed by email that no Deposit had been made on the flat or in either the Landlords name or my sons name.
My son entered a counter claim for £8.0 per day from 10 August for there being no hot water, washing machine, or dishwasher and three times the Deposit.
At the Court Hearing the I produced the email from the DPS which stated that no deposit had been made and in light of the Landlord showing the Deposit Certificates the judge said that I was a victim of the Digital age, which was the case.
The Landlord told the Judge that he had emailed the Deposit Certificates to My son, and the Judge accepted her word albeit no email was produced and my son insisted he had not received any email from her with the Certificates. My son told the Judge he had called to inform the Landlord that the Boiler and washing machine had not worked since August and the Landlord said he had not received any calls. The Judge asked my son if had any proof of informing the Landlord of the appliances not working and he replied that he did not. The Judge said without proof he could not accept the the calls were made and did not allow any compensation for not having any bathing facilities in the flat for over four months. So the Judge accepted the Landlords word regarding the emailing of the Certificates, but did not accept my sons word that he informed the Landlord albeit I told the Judge that my son came to my flat every day for a shower and twice a week to use my washing machine. Judgment for possession and arrears of rent was given in favour of the Landlord for the sum of 6000.00 plus 250.00 in costs. My son sent the Landlord an email requesting the Bank account details so that the full amount of the Judgement could be paid.
My son had been unable to work due to having suffered a stroke about eighteen months ago has some progress and is now able to work. He signed on for Job Seekers Allowance and Housing Benefit on 27 October 2014. He informed the Housing Benefit officer of the position of arrears with the Landlord and the Council paid the Landlord 935.45 on 5 January 2014.
The Landlord, having received the money on the 5 January from the Council, emailed my son with her Bank account details requesting he pay her 6,000.00 into the Bank account on the 8 january. Clearly the Landlord thought that my son did not know that she had received the 935.00 and requested that he paid 250. less than the Judgement of 6250.00
The whole amount was paid to the Bank account that the Landlord provided by email in response to my email on the 14 January 2014 and the Landlord at my email request has confirmed by email, receipt of the money and that the Court has been informed accordingly. The Landlord met both my son and me on 14 January at the flat and signed for keys and added appliances not checked. No other comments were made and no other correspondence has been received from the Landlord.On the 13 January the flat was cleaned by a commercial cleaning company. Unknown to the Landlord a full Inventory of the flat was carried out.
The Landlord has informed the Deposit holder not to release the 2214.00 deposit and has not responded to my email requesting the return of the 935.00 to the Bank account that paid the 6,250.00 to her and provided the Bank details. I emailed the Landlord requesting
My son now intends to issue Proceeding:
No hot water, washing machine, or dishwasher from the December 12 2014, the date the counter claim was submitted on line up to 14 January 2015, when he vacated the flat on 14 January 2015.
Return of the 2214.00 deposit
Return of the over payment from the Council of 935.00 plus interest
Up to three times the rent Deposit for not providing proof of supplying the rent deposit Certificates (email she told the Judge she sent)
Need to know best method to pursue this and is the claim correct
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : i assume your son raised the no hot water etc at the initial hearing for possession ?
JACUSTOMER-z27kqrxq- :

I explained in detail in the text I sent you that the judge asked my son to prove he contacted the Landlord and ad he could not show proof at the hearing could not accept that he did so.

Alex Watts :

Yes I needed to clarify that it was raised.

Alex Watts :

So your son wants to issue a claim based on matters that were raised before a previous Judge - have I understood that correctly?

JACUSTOMER-z27kqrxq- :

The main reason for the claim is for the return of his deposit plus the £935.00 paid to the Landlord by Council. He has paid the full amount of the judgment to the Landlord. The previous Judge did no allow his Claim on the basis that he could not prove that he informed the Landlord that the boiler et.. was not working. The claim will now be from the date of the Court hearing on 2 January to 14 January or from the date he entered his Claim on 15 December. The Landlord

Alex Watts :

Ok.

Alex Watts :

You need to write and set out your losses and request compensation 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 compensate 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

Just to add. The claim is:

Alex Watts :

1) The deposit

Alex Watts :

2) Breach of contract

Alex Watts :

3) Breach of the Landlord and Tenant Act (heating and hot water)

JACUSTOMER-z27kqrxq- :

certainly new about the boiler etc. from that date onwards. The Counter claim in the first case was for not placing the Deposit in a scheme, which the Landlord showed the judge she did. The Judge accept the Landlord word that she sent the Certificate to my son by email. I hae requested copy and t no proof has been provided.He now intends to ask the Court to rule bearing this in mind

Alex Watts :

Indeed.

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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