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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HiI have tenant who moved in on 5 October 2015. He owns

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hi
I have tenant who moved in on 5 October 2015. He owns a building company and we also agreed on refurbishment of property where he lives. His rent was £1,300. Refurbishment work cost £4,900 and we agreed that for the first 7 months he will only pay rent of £600 and £700 he pays less will cover refurb work.
1.) he didn't pay rent this month
2.) I am not happy with his refurb work, it's well below standard and far away from what we agreed on and I am not prepared to pay him any more money and I am actully thinking of making claim against his and his partner company for bad work which they did.
Please advise on steps I can take?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
For now please let me know what type of tenancy agreement he has?
Alex
Customer: replied 1 year ago.
Hi Alex, It is AST agreement which started on 5 October 2015
Customer: replied 1 year ago.
I visited property today. The refurb work which he (my tenant) and his business partner did is very low quality and very unprofessional. Several things are not completed, one room has - 1/2 one colour of wooden floor and second half is alsodifferent color, kitchen is pretty much ruined - new kitchen units are only half way through, old tiles are still there etc. I documented all of that in form of video and pictures.I do not trust them and their quality of work and I am not prepared to pay anymore money and I would like to raise complaint against them, ask for refund and norify them that from next month, tenant will have to pay full £1.300 in rent, as I certainly won't be paying any more money for that cowboy work.How can I do that to ensure I protect myself and wont loose any more money?
Customer: replied 1 year ago.
also, there has been hughe problem with leak to flat below, and although they started with work on property 4 months ago, I still keep receiving calls and messages from tnenats below that leak still appear and it is causing damage to their flat.They have 4 kids, if one of them slips and hurt himself, would that make me legally liable and can they sue me for damage caused?
Expert:  Ash replied 1 year ago.
Ok. You need to serve a section 8 notice requiring payment and to bring the property up to standard. However you can't start court proceedings until he is at least 2 months or 8 weeks now arrears. Once he is then you can apply to the court for possession.
You can do this by completing form n5b
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf
The court will consider it and decide whether to give possession. Once you get possession he can be evicted with bailiffs and you can ask that his deposit go towards arrears.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 1 year ago.
thanks, ***** ***** to form which you sent to me, is that Section 8 notice?i also have another version on section 8 notice. On what grounds can I serve it now?
Customer: replied 1 year ago.
I see - it is Claim for possession of the property form. Have you got template for Section 8 form?
Can I serve it over the email?
If tenant will pay once this form received, then it will become invalid and I can not ask him to leave based on section 8 notice?
Customer: replied 1 year ago.
just fyi - he did not pay any deposit
Customer: replied 1 year ago.
and yes, I also need clarification on issue with refurbishment contract. How should I notify him that
1.) I am not happy about the stage property looks like
2.) i won't be paying any more fees, as clearly work has not been delivered as agreed
3.) how can I ask for compensation or refund on money already paid to them? So far it is £2,800; £2,100 would remain to be paid, but I do not wish to pay as work which they did is below standard and awful
4.) what can i do if they disagree
5.) comments regarding legal liability - if something happen to people living below - i.e. they slip due to leak and injure themselves, can they make any claim against me?Thanks
Expert:  Ash replied 1 year ago.
If you look online you will find templates.
You can notify him in writing you are not happy and ask him to rectify it. You can set out losses and claim these as part of the breach. If it goes to court you can ask the court for that too.
Can below claim against you, yes they could but then you could claim against him.
Does that clarify ?
Alex
Customer: replied 1 year ago.
in respect of claim, if his company just uses contractors - some polish workers who can dissepear anytime, who would at the end be liable to pay such claim? If i make claim against him and he will blame such contractor?
Customer: replied 1 year ago.
regarding section 8 notice - do you mean online on your website or on the internet?
Customer: replied 1 year ago.
so, can I send them an email today, with pictures of their unfinished work, and say that as they did not deliver what they promised, I wont be payning anything further to them, and remaining payment will be made only once all work is completed?What steps can they take?
Customer: replied 1 year ago.
I didn't get answer on what grounds can i serve section 8 notice. That need to be specified in section 8 notice form
Expert:  Ash replied 1 year ago.
He would have to pay the clam. You can search online using google for a template. They could only seek to make a claim, nothing else.
Alex
Customer: replied 1 year ago.
ok, thanks. But if our original agreement was that £700 will be deducted from his monthly rent for the first 7 months, and now I'll ask him to pay full amount per month of £1,300 (on the basis that their work has not been done as agreed etc), and next month he will only pay £600 again, then will i be able to issue section 8 notice again for remaining outstanding amount?
Expert:  Ash replied 1 year ago.
Yes. You can issue for rent arrears of at least 8 weeks and breach of tenancy, ie not getting the work done.
Does that he,o?
Alex
Customer: replied 1 year ago.
actually, provided that he has not yet paid his january rent, can I ask him to start paying full amunt of £1,300 from january? So I will chase him for £1,300 instead of just £600?
Expert:  Ash replied 1 year ago.
Yes but you can't really do it retrospective. So only from now on full months rent.
Alex
Customer: replied 1 year ago.
ok, noted.So, on what grounds can i issue section 8 notice? It needs to be specified in the form.
Expert:  Ash replied 1 year ago.
Rent arrears and other breach of tenancy. There should be a box for that.
Does that clairfy?
Alex
Customer: replied 1 year ago.
do you know the number for that?
Expert:  Ash replied 1 year ago.
Ground 8 and 12
Alex
Customer: replied 1 year ago.
thanks Alex.i just checked my contract with company for refurbishment work.
1.) contract is between myself and SLG Construction Ltd; according to the companies house website, Solviu (my tenant's business partner), is the only director of the company. Can fact that my tenant (his employee) signed contract matter in any way?
2.) refurbishment contract has my and my tenant's signature, however, witness signature's are missing. Can that cause any problems or make the contract invalid?
3.) i just noticed that my surname in contract is misspelled, can that matter or cause any issues? (it is SOTOKOVA instead of SOTAKOVA)Thanks
Expert:  Ash replied 1 year ago.
It makes no difference you can serve a section 8 and seek possession
Does that help?
Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer before you leave today.
I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen.  Please do not forget!  Thank you.
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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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