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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an interesting case and not sure which way to go with

Resolved Question:

I have an interesting case and not sure which way to go with it.
I rented private for 15 months of which i was in full employment on taking over the property and went on maternity leave half way through the tenancy to have my son. All the way through i kept the landlord up to date on payments and what was happening and have evidence of this.
When it was getting close for me to return to work I decided that i would move closer to work and also put my son in nursery where i wanted to move so it made everything a lot easier, so I gave my landlord a months written notice, of which I had a nice phone call to say sorry to hear you want to move and also to inform me that they were moving too.
Hear is where it gets interesting,
I found a property that was perfect for me and my son, right where I wanted and within what i could afford, so I went ahead with referancing checks.
with a week before i had to move out I got bad news that I failed the checks for the ref that my landlord gave but went flying through a credit and emplyment check. This cost me the property as I was too high risk for a new landlord to take on with failing the ref checks so I lost my refrancing fee and would not pass another check on any other properties for my landlord.
I could not understand why the bad ref by the landlord and rang to ask and got told that I was the perfect tenant till I got pregnant and gave up work. understandably that knocked me for 6.
So within a week of the move I had planned, I had to put all my stuff into storage, move back to my parents and have to travel wasting fuel to take my son nursery as I could not move nursery as no time to change and already paid the money for him to go there.
I wrote and paid money to get the Referancing check paperwork as to what my landlord said and was quite shocked to find it said I was continually late on rent, no checks carried out on property and that they would not rent to me again. I left that property not owing any money and got my full deposit back.
Out of the 15 months of renting i was only late 7 times due to me having my son and waiting for everything to change over which they were informed over and evidence of this.
On speaking to shelter I found that my deposit information was not provided to me within the 30 days of when I first tock the property on allowing me to claim three times the deposit along with the lost ref fee and the cost of putting everything in storage.
The landlord also did not carry out work prommised when I first moved in of changing the windows, new shed, cleaning the guttering and paint the house as well as having illigal wiring in the kitchen and had a CO alarm fitted at the wrong hight by a quallifird engineer putting my son and me at risk.
What I would like to know is what do I claim for a false reference by the landlord as I was not contiunually late as claimed and have bank staitments to back this.
Shelter did also suggest defimation of character as a false ref has cost me a property and to lose money so would I have a strong enough case there or just stick to the small claims court.
Sorry this is so long but I have tried to fit all the facts in and i would be happy to answer any questions
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

How much do you want to claim please?

Alex

Customer: replied 1 year ago.
I know I can claim £2100 for the deposit, £120 for the lost ref fee and £82 a month for storage which goes up to full price after three months and is ongoing.
As for the false referance by the landlord and potential deformation I'm unsure what would be reasonable
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request a payment 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 pay 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 1 year ago.
Thank you for answering that's it's a small claims court case.
I have sent the landlord a letter of intension and not had a response.
On the false ref given it cost me to lose a property and a lot of hassle to change everything in a week which the landlord knew of this as they tried to change the statement given.
How much would you feel would be a reasonable amount to put to the court?
Expert:  Ash replied 1 year ago.

You need to put what you think you can justify. I don't think it would be more than a few thousand pounds.

Does that clarify? Alex

Customer: replied 1 year ago.
Thank you very much for your help as that's really helped in moving forward in what to do.
Expert:  Ash replied 1 year 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

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