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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There. Please refer to Order ID:15679643-317 and see the update.

Resolved Question:

Hi Ben. Please refer to Order ID:15679643-317 and see the update. Sorry to come back to you but the situation has worsened. Selena was locked inside the house twice by the other tenants. We not know which of them locked her in on the second occasion. We have had to move her out of the house as the bullying had become a serious safety issue for her. As we had to move her in a hurry and student accommodation had mostly been taken before the new uni year started, she is now in more expensive accommodation, which she really cannot afford but there was no choice.
To recap, the tenants agreed to move into a shared house and to share all the friendship, social events and to make the home a place that would be conducive to study for their respective degrees whilst they lived there. They had also agreed before signing the landlord’s contract, which room Selena would have when they moved in. They subsequently reneged on every part of that agreement.
We are now considering court action to recover everything she and her guarantor have spent since being induced into the landlord’s agreement by the pre signing agreement between the girls.
The claim will include:
1. All the rent she has paid since she signed the landlord’s contract. She would not have signed had she known they would not keep to their agreement.
2. Expenses she has incurred by having to eat away from the home due to the harassment she faced when trying to prepare meals in the kitchen of the shared property
3. The expenses we have all incurred either trying to resolve the situation or to protect the property we were Guarantors for.
4. The future expenses she will continue to incur due to the higher rent she is having to pay elsewhere.
5. Recompense for Selena’s holiday in New York which was ruined by the barrage of What’s Apps sent to her demanding that she changed rooms.
6. Loss of earnings as a result of Selena’s mother having to pull out of a contract, she had already signed, that was to take her on board an ocean liner in the South Pacific for 4 months. Obviously her daughters well being had to take precedence.
I have five questions:
1) We have a mountain of “what’s app” evidence of the agreement, before the landlords contract was signed. These show beyond doubt that each girl had agreed which room was to be Selena’s room. They clearly evidence the relationship which existed before she moved in and the deterioration of it immediately afterwards; the harassment, bullying and exclusion etc is evident. Will the agreement between the girls, before the landlords contract was signed, be construed as a contract?
2) If the agreement between the girls before the landlord’s contract was signed CANNOT be construed as a contract, can such an action be brought in the small claims court or is the small claims court only for contractual disputes?
3) Is this case one of harassment that can be heard in a civil court?
4) If the case cannot be settled in the small claims court, where can we go to seek a legal remedy to recover the expenses we have all sustained as a result of the bullying and harassment of the other tenants.
5) The claim may well exceed £10,000 due to Selena’s mother having to pull out her contract. However, if the small claims court cannot take a case of such value, we would be prepared to reduce the amount of claim. Please advise on this aspect
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
1) We have a mountain of “what’s app” evidence of the agreement, before the landlords contract was signed. These show beyond doubt that each girl had agreed which room was to be Selena’s room. They clearly evidence the relationship which existed before she moved in and the deterioration of it immediately afterwards; the harassment, bullying and exclusion etc is evident. Will the agreement between the girls, before the landlords contract was signed, be construed as a contract?
Yes. A contract is a contact, so it could be the agreement between the girls.
2) If the agreement between the girls before the landlord’s contract was signed CANNOT be construed as a contract, can such an action be brought in the small claims court or is the small claims court only for contractual disputes?
Yes it can do
3) Is this case one of harassment that can be heard in a civil court?
Yes, County Court, but it wont be a small claim
4) If the case cannot be settled in the small claims court, where can we go to seek a legal remedy to recover the expenses we have all sustained as a result of the bullying and harassment of the other tenants.
You can't. You can only take it through the County Court.
5) The claim may well exceed £10,000 due to Selena’s mother having to pull out her contract. However, if the small claims court cannot take a case of such value, we would be prepared to reduce the amount of claim. Please advise on this aspect
You need to keep the claim at £10,000 or below to keep it a small claim. Any amount over will take it into the 'Fast Track' where Court rules and cost consequences apply if one party loses.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.

we have paid for a personal phone call

please advise how this works.................

Expert:  Ash replied 1 year ago.
Do you have a number?
Alex
Customer: replied 1 year ago.

Yes *********** Selena's Mother will answer (Jaki)

Expert:  Ash replied 1 year ago.
Ok. I am currently in USA on holiday so I will call in a couple of hours.
Alex
Customer: replied 1 year ago.

Mr Gardiner has been handling this on my behalf until now.

I thank you for your reply. I am very surprised that I have been assigned someone who is in the USA on holiday or otherwise.

I am wondering if all just answer experts are all based there and not related to the UK at all. I have lost trust in your site and ask that you refund the money that Mr Gardiner has just paid in good faith for your service i.e. a personal call.

I cannot wait 2 hours for your call today. I wait for confirmation of the refund you will process.

regards

Selena's Mum (Jaki Jenkins)

Expert:  Ash replied 1 year ago.
I should explain - I am a UK based Solicitor but in the USA for 2 weeks on holiday.
I will call now.
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already 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