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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My landlord and state agency breeched the Tenancy Agreement: 1.

Customer Question

My landlord and state agency breeched the Tenancy Agreement:
1. They started to sell the flat in March this year, 2 months too early than the tenancy agreement allows to do so
2. The landlord visited us unexpectedly with a member of another state agent.
The flat was sold recently (in June) by the second agency to an ordinary buyer, although they were promising and assuring they want to find an investment buyer.
In the flat lives 2 women, me-28 years old, and my mother 59.
What can we do with this situation? Can we claim, complain, get any refund, longer notice? Where? Please advise. What if I take my Landlord to court for breeching the agreement? How much would I need to pay and what will I gain?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Is the new owner trying to remove you from the flat? Have you suffered any losses as a result of this? Did the contract say specifically the landlord could not sell it or could not show people around?
Customer: replied 1 year ago.
There is no new owner. We rent the flat from a state agent and as well as them as the landlord are the same all the time. Our contract is a year contract from 10/07/14 until 9/07/15, with 2 month notice till 9/09/15.
In our agreement there it is written that the landlord can put the property on market and do viewings 2 months before the end of contract, so in our case it should be from 10th May. But they came to me in beginning of March - both my state agent and landlord - told me they are putting it on the market. In May the landlord came without notice with a state agent from a different agency (not ours) - that is a breach as well, the landlord cannot come without notice.
Expert:  Nicola-mod replied 1 year ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 1 year ago.
ok, yes please
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it I can help you about this please?
Customer: replied 1 year ago.
HI THERE!!! ATTENTION! AS YOU CAN SEE UP THIS PAGE, NOBODY MANAGED TO HELP ME. MY QUESTION WAS NOT RESPONDED, THERE WERE SOME PROBLEMS FINDING PROFESSIONALS.., AND THAN I HAD A TECHNICAL PROBLEMS WITH THE PAGE..!! BUT MY MONEY OFCOURSE WAS TAKEN!!! - FOR NOTHING!!! I WOULD LIKE TO CANCELL ALL OF THIS AND RECEIVE A REFUND (ALL OF MY MONEY BACK) ASAP!!! AS SOON AS POSSIBLE!!!
"THANK YOU" VERY MUCH!!! :-///
Expert:  Ash replied 1 year ago.
So you dont need help from me today?
Customer: replied 1 year ago.
well so far either you or nobody did answer my case question??
Expert:  Ash replied 1 year ago.
I can help you, do you want me to do that for you today?
Customer: replied 1 year ago.
this site is ridiculous
Expert:  Ash replied 1 year ago.
How much compensation do you want to claim, less than £10,000?
Customer: replied 1 year ago.
How many can I claim?
Expert:  Ash replied 1 year ago.
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?
Customer: replied 1 year ago.
yes, more details about setting out losses
Customer: replied 1 year ago.
28/07/2015 07:18
yes, more details about setting out losses
Expert:  Ash replied 1 year ago.
You just set out what you want to claim in compensation and why.
Does that help?
Alex
Customer: replied 1 year ago.
U mean like: breeching the agreement (selling the flat too early than the agreement allows, uexpected visit from landlord - no notice), causing stress and disturbancy. Because the landlord and agency were dishonest i need to move to another place now, although they promised to find an investment buyer. My main loss is that I didn't get what I was paying for, regularly each month, my rights were not obeyed, and they were behaving unfairly towards us as tenants. I asked the landlord to give me more months to move out, but she said she doesn't care and just gave me 2 months. But herself she was not right. I was forced to sign a Notice of Possesion, with the breech of my rights before. So what I want to know now can I claim anything and how. If I eventually take her to court to give me back some of the money, is there any chance i am going to win etc.
Customer: replied 1 year ago.
Can I claim to the estate agency that the last month of tenancy should be free of charge?
Expert:  Ash replied 1 year ago.
Yes you can claim the agency the last month should be free. You can claim for breach of contract because your rights were not obeyed.
So you need to set out what went wrong, why and whose fault it was.
Does that help?
Alex

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