How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

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: 9 months ago.
Category: Law
Expert:  Ash replied 9 months ago.

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

How much do you want to claim please?

Alex

Customer: replied 9 months 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 9 months 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 9 months 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 9 months 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 9 months ago.
Thank you very much for your help as that's really helped in moving forward in what to do.
Expert:  Ash replied 9 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
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice