Hello my name is ***** ***** I will help you with this.
When did you sign the agreement and how long is it for please?
Well if you consider all these breaches to be serious then you can refuse to pay any fees.
They will have to take you to Court for the claim or deduct it from your deposit.
You need to write and set out your losses and request a refund of the deposit 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.
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.
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 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.
Can I clarify anything for you about this today please?
i wanted to know if they have breeched their contract because it took so long to fix the window in question. i thought section 11 of the landlord sand tenatsnt act required the landlord to fix problems in the property within a reasonable amount of time
Yes they could have. Section 11 is quite right
But that is why you can dispute any charges and claim your deposit back
Although Section 11 does not stipulate a reasonable time but a Court can infer that
Does that help?
so section 11 stipulates that the landlord should repair any damages in a reasonable amount of time but not the time frame which is why we ask the court?
Mainly its about hot water and heating.
Section 11 does not stipulate time but says LAndlord must use best endevaours
But yes you have a claim to get out.
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