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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I privately rent a flat. We had significant damp and mould

Customer Question

I privately rent a flat. We had significant damp and mould due to cracked exterior rendering which I made my landlord aware of as soon as it started. The landlord did nothing about it for 14months despite issues I was having with my health and damage to my belongings (which my contents insurer won't cover because they say it should be covered by my landlords insurance!) and acknowledged by text that this had been negligent. I requested a rent reduction until building and repair/redecoration works were completed, which my landlord agreed to by text. 10 days after agreeing the reduction suddenly the works were started, but have not been finished. My landlord has suddenly changed his mind and is now demanding going back to full rent despite ongoing mould problems and bare plaster all over the flat that is incomplete. I informed them that I wasn't happy with this and would move out, however they are now claiming arrears and refusing to give a reference unless I pay them.
What is my position legally? Do I have to pay the supposed arrears, and is there anything I can do to claim back the money I have lost through high bills, property and health damage?
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

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

What is it you want to achieve ?

Customer: replied 11 months ago.
I have incurred nearly a thousand pounds worth of costs between my heating bill more than doubling to try to keep the mould under control, damage to belongings and furniture, and damage to my health! On top of this my landlord is now changing their mind on the rent reduction and claiming I'm in arrears so is asking for even more money and refusing to give a reference unless I pay so I can't even escape! Ideally I would like to claim some of my losses back, but definitely not have to pay the supposed arrears.
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/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