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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have rented our property since July 1988. Our initial

Resolved Question:

We have rented our property since July 1988. Our initial lease expired after seven years and we are now statutory tenants.
In June 2005 we sought and were given permission to replace the old coal fired boiler with an oil fired boiler and we paid for this. At no tine were we informed that maintenance and servicing was the responsibility of the landlord (the estate) nor were we informed of their preferred technicians. The landlord states that "they can find no correspondence asking us to service and pay for the maintenance of the boiler."
Whilst reading the Housing (Wales) Act 2014 and doing further research we belatedly realised that since 1985 landlords are responsible for the maintenance and repair of heating and hot water systems. We have over the years paid all these bills and serviced the boiler regularly. We have copies of all bills and the sum involved is £1232.90.
We have asked the landlords (the Estate) to recompense us for the total amount we have paid out but they are saying "I contest the historical invoices as this work has never been requested by the Estate (landlords)".
What is the legal position please?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Are any of the invoices within the last 6 years?
Alex

Customer: replied 1 year ago.
First invoice dated 5/11/2010
Expert:  Ash replied 1 year ago.

Ok - thats ok because under the Limitation Act 1980 you can only go back 6 years.

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/n1-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.
I have spreadsheet detailing all invoices
Expert:  Ash replied 1 year ago.

Sure. That helps. Alex

Customer: replied 1 year ago.
Can I email it to you?
Expert:  Ash replied 1 year ago.

You dont need to - can you see my response above about what you need to do?
Alex

Customer: replied 1 year ago.
I have got <start my free trial> or click for £38 <live discussion via phone>
Expert:  Ash replied 1 year ago.

If you want me to call, that is extra. Otherwise you have a free trial.

Otherwise you just need to click on a happy face or stars.

That means the site credits me for the time spent.

Thanks in advance. Alex

Customer: replied 1 year ago.
I hate to be so stupid but I rate you now before I get the advice? There are star ratings at the top but can't see any other happy faces or stars
Expert:  Ash replied 1 year ago.

I will repeat it here again:

Ok - thats ok because under the Limitation Act 1980 you can only go back 6 years.

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/n1-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

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Perfect, we will follow your advice. Thank you.
Expert:  Ash replied 1 year ago.

Happy to help! Alex

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