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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am having problems with my letting agency which is also

Resolved Question:

Hi I am having problems with my letting agency which is also the property manager of the house. I have moved in on 8th of Feb and there are construction works that keeps going for a long time which needs to be solved. The landlord is living in the US so they cannot get anything done before the landlord approves. However, it has been too long. They might be trying to help but I need a road map or they should reduce the rent. For example I told them to change the door handles of the bathroom (which my father got stuck in last night), they told me that they will send somebody in on 25th of February and they didn't. I cannot use my home effectively as the walls needs to paintd and I keep waiting to settle down. I told them to come back with a plan before 7th April (which is the end of 2nd month of my moving in) or they should reduce the rent. I also told them to send someone to change the door handles or I will fix them tomorrow and deduct it from the rent. I asked them to get back to me before noon today, which they haven't. I called them twice but couldn't reach the person who knows about my apartment.
It is super annoying for me and I am out of ideas. I am sending them emails for almost more than 3 months(including before the time I moved in), I am super overwhelmed.
Thanks,
Ozge
Submitted: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.
Hello my name is ***** ***** I will help you with this.What is it you would like to know about this please Ozge?
Customer: replied 9 months ago.
Can I just fix what is necessary and not pay the rent totally?
Customer: replied 9 months ago.
If I don't py the full rent after fixing things will I be in danger?
Expert:  Ash replied 9 months ago.
Well, no. Otherwise you would be in breach of the tenancy and therefore could be evicted.What you should do is get the problems fixed, then sue the Landlord to get the money back. But you cant NOT pay rent. 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 9 months ago.
And If I sue them would I win? I cannot think of any way that I can make them do their job
Expert:  Ash replied 9 months ago.
Yes I think you would win.Does that clarify? Alex
Customer: replied 9 months ago.
of course not
Customer: replied 9 months ago.
If I fix it myself and not pay the total rent would it put me in danger?
Expert:  Ash replied 9 months ago.
Yes. Because you could be EVICTED for not paying the rent.So do NOT do that. Get someone in to fix.Does that clarify?Alex
Customer: replied 9 months ago.
But if they don't return back to my emails, what can I do? I feel like I did everything for two months to tell them I cannot use my house totally. What is the solution then?
Expert:  Ash replied 9 months ago.
You get the work done then sue the Landlord. Your agreement will have a UK address for service of Court paepers.Does that clarify?Alex
Customer: replied 9 months ago.
ok thank you.
Customer: replied 9 months ago.
How long should I wait before getting the work done?
Expert:  Ash replied 9 months ago.
Can I help with anything else for you today please?Get it within 7 days if they wont come back to you.Alex
Customer: replied 9 months ago.
And I pay the whole thing. Then sue them to get the money back? Is this right?
Expert:  Ash replied 9 months ago.
Correct.Then you dont risk losing your property.Alex
Customer: replied 9 months ago.
Ok and is there a chance that they are claiming that the landlord is abroad and they are doing everything to speed it up and that makes me loose the case after that?
Expert:  Ash replied 9 months ago.
No. The Landlord must give a UK address for service of Court documents that is the law.The fact the Landlord is abroad is NOT your fault.Alex
Customer: replied 9 months ago.
What happens I arrange someone to fix the house and tat that day they come up with a solution and then claim that they offered their help?
Expert:  Ash replied 9 months ago.
That is why you give them 7 days to sort it out. If you give them 7 days and they do not on day 8 you can get someone in.Alex
Customer: replied 9 months ago.
I don't want to go to court actually and solve things in a friendly environment but two months is a long time to wait. There are emails back and forth, some things got done, but there are still things that needs to be fixed, that is why I am not 100% settled.
Can you see a way that I can lose the case?
So I am assuming 7 days is a legal time period, right?
How should I tell them that in my email?
Expert:  Ash replied 9 months ago.
Of course. You can allow 7 days or 14 days.Yes you should say in email if they go over the deadline you will get the work done and seek those costs back.Does that help?Alex
Customer: replied 9 months ago.
Do you see a way that is against me in this situation? Like can they claim that they are giving more than I ask for?
Expert:  Ash replied 9 months ago.
Yes I think you would be successful.You should only claim for the actual costs incurred.Does that help?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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