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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex Sorry to bother you again. As you recall, I

Resolved Question:

Hello Alex
Sorry to bother you again.
As you recall, I have been emailed your with regard to my rights within a tenancy contract with a letting agent - took the lease out over 12 months on the 30 November, did not physically move into the 12th December, did have any hot water from this date and terminated my contract on 29 December as the problem had not been resolved
In our last correspondence you explained to me that as there had been a breach of contract S11 Land lord and Tenants Act, I would not be liable for any penalties for terminating my contract with the letting agent due to the lack of hot water etc. However,
I have this week received a call from the letting agent asking for rent from the 30 December, when I terminated my contract on the 29th (no outstanding rent on the property when I moved out)
In addition to this I have received a letter stating that I am liable for rent until a new tenant can be located and that there will be an additional cost of £298.00 for the land lord re letting fee.
In the letter they have also explained why the boiler was not fixed which does not fully outline the correct timeline, what happened
I know they advertised the flat again on the rightmove website on the 29th Decemeber, knowing that the hot water was not working and has had another let agreed.Can you please advise me on how to proceed - feel this is escalating and really unsure what to do!
thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Thanks for asking for me again.
Are you due any money back?
Alex
Customer: replied 1 year ago.
I am due my tenancy deposit back
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?
Alex
Customer: replied 1 year ago.
Thanks Alex.
What do I do about the letter that have sent me stating that I owe them money? That I have broken the clauses as mentioned?I do not expect a reply this evening, tomorrow will be fine, sorry for making you work so late!
Expert:  Ash replied 1 year ago.
You didnt - they broke the contract by failing to supply hot water!
its a breach of the law!
Does that clarify?
Alex
Customer: replied 1 year ago.
Thanks Alex
I will write a letter as you suggest outlining the money I am owed in relation to my deposit.
Do you think I would also be able to claim back other costs e.g.removal, additional costs for having to move to another property e.g another reference.
Do I also need to write a letter to explain that I won't be paying any rent, other payments they have requested as it is them that are in breach of contract.
Thanks again for your help so far
Expert:  Ash replied 1 year ago.
Yes any additional costs etc as a result of the breach as long as you have evidence.
Does that help?
Alex
Customer: replied 1 year ago.
Thanks Alex
I am only going to ask for my deposit.
Removal costs
Money left on the electric metre
Legal fees with yourselves
Would be able to request a refund of rent for the time the property had no hot water
Also as I had to find money for further referencing for new property, can I claim this?
Thanks Llwyd
Expert:  Ash replied 1 year ago.
Yes you could claim these additional costs.
Does that help?
Alex
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Alex
You have been a great help!