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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning, My question is: My son who is a farm worker

Customer Question

Good morning, My question is: My son who is a farm worker lives in a farm cottage on site but has to pay £600 a month rent (which is a struggle) there are a few major problems with the cottage including a gas boiler which doesn't work properly (the owner has been advised it should be replaced) and the bedroom wall which has a chimney breast in it which leaks water through into the bed room every time it rains. Last month they put the rent upto £700 a month, but my son asked that the rent stay at £600 until the work had been completed. At this point they gave my son a notice to quit!! Which we know they are able to do, as per his tenancy agreement, and they have given the requisite 3 months notice.
But this month, they have taken the £100 that he was with holding due to the poor condition of the property, direct from his weekly wage, without his consent.
Can they do this? and if not what can we do about this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know what type of tenancy agreement he has ?
Customer: replied 2 years ago.

Assured short hold tenancy

Customer: replied 2 years ago.

Do you need any more information

Expert:  Ash replied 2 years ago.
In that case the £100 can not be taken. If the tenant disagrees there is a proper procedure to resolve rent disputes. The tenant should have been told of the rents tribunal.
But in short the rent can NOT just be increased without agreement.
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?
Alex
Customer: replied 2 years ago.

Thank you for your help

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex