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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I'm a tenant and have just moved into a brand new

Customer Question

Hello.
I'm a tenant and have just moved into a brand new property. We are had a few issues!
Landlord didn't want to have the property cleaned prior to us moving in as she felt it was clean as its a new build (it was filthy with builders dust). I asked for the keys 2 days earlier so I could arrange a cleaner. I was not able to get a cleaner until the day of moving in.
We arrived at the property (with a lorry full of furniture having moved house) to find the keys were incorrect. They had been cut upside down. We called the landlord and she told us to call out a locksmith. Locksmith confirmed the keys were incorrect. Landlord, says " I don't have time for this, You deal with it" So we had to have the locks changed.
Landlord is refusing to pay the locksmith costs of £320.00 as she says we had plenty of time to have checked the keys worked prior to us moving.
Also - The property comes with secure parking. The details given assured us we would have parking from day 1. We were not provided with the correct FOB. We were told to park elsewhere which we did and got parking ticket.
Parking FOB was eventually sorted by us (not the landlord). Can I claim compensation for lack of parking for the days we were not able to?
We have had a few irate emails from her as we have asked for reimbursement - landlord has asked us to leave at the end of the tenancy (6 months from 27/01/2016) or she said "leave earlier if you like" assuming 2 months notice.
Its got very nasty - but wanted to see where we stand?
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you.What is you would like to know about this please?Alex
Customer: replied 9 months ago.
Take landlord to court to order her to pay for costs incurred.
Locksmith and no parking as per contract
Expert:  Ash replied 9 months ago.
You need to write and set out your losses and request compensation 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 compensate 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 9 months ago.
Do I have a case or is it a waste of time and money?
Expert:  Ash replied 9 months ago.
You have a case yes.Alex
Customer: replied 9 months ago.
From a legal point of view and having read the "story" - is the landlord in the wrong for withholding costs incurred for the locksmith (bearing in the mind the situation at that time)?
Also, the fact the parking was not set up in time. The landlord is blaming us for not pre-checking that everything was working prior to moving in. Surely this is the responsibility of the landlord?I am trying to ascertain the strength of the case before I go down this route. Can you please advise how strong the case is and why you think so?Thank you
Expert:  Ash replied 9 months ago.
I would give it 60% but you only need 50% to winAlex
Customer: replied 9 months ago.
Ok - can you please advise why only 60%? I don't think that is a very high percentage to win the case and waste further costs.
Expert:  Ash replied 9 months ago.
No lawyer would ever tell you above 60%.Alex
Expert:  Ash replied 9 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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