How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

To whom it may concern, I moved into a flat in February

Customer Question

To whom it may concern,
I moved into a flat in February 14'. Upon my move in i had specified that expected to have furniture removed (Sofa, bed, and Couch). As i had been quite late in my search due to work related matters, the contract was only signed the day before i was required to exit my previous property. Upon my move in, these items were still in the flat and the agent told me his hands were tied and that the landlord did not wish to remove them. I swallowed it and moved on.
About 3months into my tenancy i started identifying a severe moth problem. On numerous occasions the landlord did not wish to get involved in the matter and stated that this was solely my problem, and that i was the cause for the infestation. When i moved from my old flat, i was very careful in how i transported my garments, and i am even in the midst of reaching out to my previous landlord to question whether there in fact had been any moth related issues after my move-out (I am positively adamant that this is not going to be the case - but will totally take it upon me if it is). After some further pushing, the landlord agree to split the costs of a disinfestation by a professional company. Moreover, I had a feeling that the moth infestation had come from the rugs in the flat which are in very poor and borderline unhygienic condition. The landlord accepted to remove the carpets, thus in fact accepting that the infestation was probably rooted there - progress i felt. However, he refused to accept the cleaning of all the infected garments. Without such a clean the infestation would never be managed properly, and in the event that the infestation should resurface i would easily be held accountable. As such i refused to budge on the matter until a resolution on the matter was resolved. In the mean time, my property manager was exchanged with a new one, whom had little understanding or concern for the matter. Ever since the account manager change, things have gone from bad to worse. Transparency has been increasingly diminishing, there only seems to be a concern for the landlords needs and there is no way for me to get any advice from them. The rep just keeps forwarding questions i have directed to her about how to handle the situation directly onwards to the landlord. On a separate occasion i had demanded she confirmed with me before forwarding a question or request to the landlord, so that i could ensure that the matter was delt with in a way that i could at least be comfortable with what was being written and requested on my part.
Furthermore, any requests i have had in regards ***** ***** infestation, dishwasher breakdown, washing machine malfunctions have been constantly stalled for time.
I am hoping someone may advise me on the matter as following. I wish to end my contract immediately for negligence of an infestation by pest. Moreover, i wish to seek damages for 1000's of pounds of ruined garments due to the negligence. I also wish in some regard to hold the Property management business liable as a result of their inability to identify the pest infestation upon moving in (but i am also wondering if the landlord might not be in a position to do this on his own behalf).
I hope you can help me on this matter in a timely fashion.
Thank you,
Nadim
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Alex Watts :

Hello Nadim my name is ***** ***** I will help you with this.

Alex Watts :

How long is your contract for, the fixed term please?

Alex Watts :

Are there any ongoing issues?

Alex Watts :

You said that there was a pest problem, but this was resolved, or is it still ongoing?

JACUSTOMER-i8q1icej- :

Hey Alex,

JACUSTOMER-i8q1icej- :

my contract was in fact for 2 years with 1 year break. I have been serviced notice though. and will evicted as of the 12th of April

JACUSTOMER-i8q1icej- :

the pest issue has not been resolved and has been ongoing since before summer14'

JACUSTOMER-i8q1icej- :

I have tried to be very accomodating and tried to meet the landlord half way on many occasions, but he keeps standing still and the property management agency is refusing to advice me properly

Alex Watts :

ok - so you want to move anyway

Alex Watts :

But you want to claim for loss and damage?

Alex Watts :

Given the problems you can move straight away

Alex Watts :

Then I will outline the process to make a claim for the losses you have suffered

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.



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?

JACUSTOMER-i8q1icej- :

That is very reassuring to hear. Based on your expertise, what would be my best stance on this? Moreover, what are the chances that i will in fact walk away case in my favour? What should i consider to ensure that i hold the upper hand?

Alex Watts :

I think based on what you have said, you have a decent chance of winning.

Alex Watts :

But you should be aware if there is a problem the longer you stay the more it is considered you have accepted the problem

Alex Watts :

Does that help?

JACUSTOMER-i8q1icej- :

Thank you.

One final question. What should i word/add in the formal request for refund? brand, garment, price, image, etc?

Alex Watts :

You should set out the losses and detail what you have lost and what it will cost to replace.

Alex Watts :

Clearly if something is 10 years old you can't claim for a brand new one

Alex Watts :

But anything less than a year old could be asked for new

Alex Watts :

Does that help?

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.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice