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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am a student in newcastle and 4 days ago we got given

Resolved Question:

Hi,
I am a student in newcastle and 4 days ago we got given a letter from a bailiff saying our land lord had lost a court case with the free holder of the property she owned and was renting to me and my house mate. (We payed a total of £11000 up front for the years rent)
The eviction happened yesterday despite the people from shelter trying very hard to help us. Now we have had to take out over 1500 pounds of overdraft to get housing on such short notice and we have not been contacted by the landlord and our estate agent has washed their hands of us, they have said they were just facilitators of the contract and managing the property for the landlord and that they have no responsibility to re house us temporarily. any advice would be great as we are in a hotel currently with all our possessions waiting for Monday when the university and shelter have managed to find us somewhere short term to live.
Thanks
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.
Hello my name is ***** ***** I will help you with this.I am sorry to hear of this. What would you like to know about this please?Alex
Customer: replied 8 months ago.
so i have a few main questions,
How do i get the rent me and my flatmate have already payed upfront back?
Is my landlord or estate agent liable to be paying for my rehousing ?
can i rebate the costs of things which i have had to pay such as short hotel stay, my 12 month sky contract for the property which i have to pay a large cancelation fee and many other costs we have incurred?
Sorry for the long list
Thanks
Chris
Customer: replied 8 months ago.
hello ?
Expert:  Ash replied 8 months ago.
Sorry for the delay, I was just in Court.The Landlord is responsible for you as you have an agreement, the agent is not. You must sue the landlord for the return of the monies and any extra costs of being rehoused.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 8 months ago.
Thanks, ***** ***** wasn't sure if my connection had gone.
Thanks thats very helpful, does it make a difference that the court proceedings against the landlord began in may last year so before we even looked around the property let alone signed the tenancy in September? we were obviously angry when the bailiff told us that because it means not only did the landlord nor the estate agent tell us about this potential for eviction but we got less than a weeks notice about the eviction even though they had been told 3 weeks before and not communicated that to us?
If the housing we have had to get through the university is more expensive than the rent we would be owed can we claim for that too as we had no option in the matter but to find a new place to live?
As this has happened when my dissertation was due in today, and we have exams in 3 days time is there any compensation for the disruption of our studies?
Thanks
Chris
Customer: replied 8 months ago.
Also the only contact details we have for the landlord is her name and her husbands email address, so would sending the request for money be possible over email or if not how can i compel the estate agent to give me the address of the landlord.
Thanks
Expert:  Ash replied 8 months ago.
No, it makes no difference whether or not proceedings were already in place. I imagine you are angry. You ask for details for service. You can use the last known address.Does that clarify?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
yes thanks, ***** ***** there would have been some rule where they would have to tell the tenants and at least in enough time to make alternative arrangements. but if not ill just try and recoup my losses
Thanks

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