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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We are in a dispute with our former landlord. The house was

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We are in a dispute with our former landlord. The house was riddled with damp. They did try to fix it but we moved out anyway. A number of items of ours were ruined by damp including a TV, 2 items of furniture and several items of clothing. In addition, our children's health suffered and when we moved out, we had to spend a LOT of time cleaning everything we owned. We moved out in December and we're still trying to get our deposit back (we disagreed with the things he wanted to keep money back for) and get compensation for the things that were ruined. He is now claiming that because we can't provide receipts for these items (we have provided photos of the damaged goods), he can't take the issue to his insurers so as a gesture of 'goodwill', he will return all of our deposit!!! Should we take him to the small claims court? Will we need receipts there? My husband is tempted to just accept his offer but I'm livid that he thinks returning our deposit is a gesture of 'goodwill'!! We asked for £400 to replace the items. We thought that was fair; we didn't ask for any of our £725pcm back for the last 2 months when the house was horrible...
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Posted in error sorry please ignore.
Expert:  Nicola-mod replied 11 months ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 11 months ago.
I have paid for the service to have my question answered. If it can't be, that's fine but I would then like a refund, thanks.
Expert:  Ash replied 11 months ago.
Hello my name is ***** ***** I will help you with this.How much are you owed in total please?Alex
Customer: replied 11 months ago.
Our deposit is just over £1000 and we had asked for £400 compensation to cover a TV, chest of drawers, shelving unit and some clothes/boots that had been ruined by damp. They have offered to return all of our deposit (had claimed they needed to keep part of it for various, unagreed reasons!) as a gesture of 'goodwill'!!! This is dependent on us dropping our request for compensation. They claim they can't take our request to their insurers because we can't provide receipts for the items. This has been ongoing since the beginning of the year and they've only just asked for receipts. We have provided photos of all the items that were destroyed. We also explained that we had to clean every item of our furniture and wash every item of our clothing when we moved out. The house was not really fit for purpose for at least a month but we didn't ask for rent back so we felt £400 was a very reasonable request. We don't really want to have to go to the small claims court but are so mad that they are messing us about so much. Incidentally, the damp issue was something they knew about before we moved in; there were vents in all the rooms which, on the day we moved in, the landlord said 'keep all the vents clear as we've had an issue with condensation'. Sorry, that was a very long answer to your question!!
Expert:  Ash replied 11 months 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/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 11 months ago.
How much is it to take it to the County Court?
Customer: replied 11 months ago.
Will it matter that we don't have receipts for things?
Expert:  Ash replied 11 months ago.
About 10% of the value claimed. No it does not matter if you don't have receipts.Does that clarify?Alex
Customer: replied 11 months ago.
Great, thank you for your help.Claire
Expert:  Ash replied 11 months ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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