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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Alex Wsorry to bother you againI have set the ball

Customer Question

Hello Alex W
sorry to bother you again
I have set the ball in motion with the courts regarding the issues I had with the hot water. The letting agent has sent a counter claim - stating that they are not the landlord and got no legal liability (I don't understand, as the contract is taken out with letting agent and not directly with the landlord)
Anyway, they are still stating that I have had a legally binding contract and that it is me that is in the wrong - that they have acted in the best interests of the property and put it back on the market - deducting money from my deposit to cover costs and sent £31.69 to the court to pay me what it left.
The events that they have mentioned are not in line with what happened - they are saying that I cancelled the appointment for the boiler to be fixed on 30 December (which I didn't) - and they eventually fixed it on the 11 January 2016
Stated they offered a discount of rent - this was not discussed in any context by the agent, they said maybe it could be considered, they actually suggested moving back to my parents until sorted
They state they have been trying to contact me - no correspondence received except letter for rent arrears for payment after I moved out
The court are wanting to go down mediation but I don't think there is any common ground, if they are still working on the basis that I am in breach of contract and they can't see they have broken the law.
I was wondering how you think I should proceed - I am thinking court - but do you think I should seek some additional advice from a local solicitor and see if they will pick this up on my behalf?
I hope this makes some sense thanks for your help
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.Just to clarify why did you name the agent, rather than Landlord?ALex
Customer: replied 9 months ago.
I took out the tenancy with the agency so named the agent. Didn't know had to name the agent. Does that mean I need to go through the process again? I don't have the landlords details just a name.
Expert:  Ash replied 9 months ago.
No, you need to make an application to substitute the Defendant for the Landlord. Its a legal requirement to gvie you a UK address for service. The agent MUST give you this.So you need to apply to amend the claim using form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfCan I clarify anything for you about this today please?Alex
Customer: replied 9 months ago.
thanks - I have tried to obtain the address previously but will try again
Expert:  Ash replied 9 months ago.
You must do that. Its a legal requirement to give you a UK address for service.The agents will know this.Can I clarify anything else?Alex
Expert:  Ash replied 9 months ago.
Alex
Expert:  Ash replied 9 months 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.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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