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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently (July) moved out of a flat which I rented. I

Resolved Question:

I have recently (July) moved out of a flat which I rented. I was paying £925 per month rent. That flat was effectively uninhabitable since March 3rd because of a leak upstairs which severely compromised the ceiling to the extent that workmen who came round to inspect said I shouldn't be living there. I am aggrieved. Another point. 3 weeks work was carried out to replace the balcony of the flat shortly after I moved in. I was not informed that there were any issues with the balcony prior to moving in, let alone that work would be carried out. Do I have any rights / case for compensation?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Is your deposit protected please?

Customer: replied 1 year ago.
I don't know what 'protected' means in this context. I filled out the form with bank details.
Expert:  Ash replied 1 year ago.

Ok - when you paid the deposit did it go into an approved scheme?
How much do you want to claim from the Landlord?

Customer: replied 1 year ago.
Ah sorry, I misunderstood. Yes, my deposit (£1230 I think) went into an approved scheme. I'm waiting to get that back, should be any day now. I recently agreed that he could deduct 1 weeks rent from that (so I'm getting c. £1000 back). I agreed because I wanted to move out early so he's deducting 1 week's rent from it. I thought it would be best to get it all done and dusted with him and then see if I had any rights about the conditions I was living in (hence me visiting this site). Maybe that wasn't the right thing for me to do!
Expert:  Ash replied 1 year ago.

Ok, so how much do you want to claim from the Landlord?

Customer: replied 1 year ago.
I don't know. What's possible / legally realistic? Technically we're talking 5 months with a seriously compromised ceiling. Rent was £925 per month. 5 x 925 = 4625. I would assume that is the upper bound of possibility?
Expert:  Ash replied 1 year 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?

Customer: replied 1 year ago.
That's very useful thank you. One point of clarification only. My tenancy ended on July 28th i.e. longer than 14 days ago. Or did you mean 14 days after I write and set out my losses. Thanks for your help.
Expert:  Ash replied 1 year ago.

14 days after you write - does that clarify?

Customer: replied 1 year ago.
thank you
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance and good luck.

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