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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5590
Experience:  Solicitor
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I have a question about my tenancy

Resolved Question:

Hello Sir/Madam I have a question about my tenancy
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jamie-Law replied 1 year ago.

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

Could you please explain your situation a little more?

Customer: replied 1 year ago.
Hi Jamie
Situation is that landlord is evicting us from property and reason for that is that he didn't wanted to repair isues in property so we complaned in council and now after that he recived notice o section 21. We are livinh here since 23 /12/2015 and all the time here have was some problems .When we mocev in this property it was so dirty all around fron and back of property so we cleaned it I have even a pictures of that. Then after we moved in started show up he things what they was hiding with paint on the walls etc. We have two kids girle 5 years and newborn boy. Here was leak in ceiling and we was telling them about it since begining of March 2016 but still they didn't do anything so we didn't see any option how to go to council. Then here are big isues with noise here is no sound isolation what so ever,during my pregnancy I was living in stress because of that there was inwolved ouncil and police but still landlord didnt do anything about it. Here was owen witch was with rust,fungus and mouse fecies with big arguing at the end we got owen changed.For all of this I have a proofs.And regardless to all this we still was paying rent on time what was agreed with agents, we not behaind on our bills. Now by recieving this notice we feel that this is unfair eviction and wanted to know if I can take landlord to court and get compensation form him. Thanks
Expert:  Jamie-Law replied 1 year ago.

Has your deposit been protected please?

Customer: replied 1 year ago.
According to our letting agent it is protected but we weren't provided with any evidence of it.
Expert:  Jamie-Law replied 1 year ago.

So to be clear, you have no arrears or in breach of tenancy?
The only reason this is being done is because you wanted repair?

Customer: replied 1 year ago.
we haven't been in any sort of arears in anyway and only because we asked for repairs and we've been served with the section 21 notice.
Expert:  Jamie-Law replied 1 year ago.

Ok - then there is a new law which prevents the Landlord from issuing the notice on the basis for demanding they comply with the agreement.

The law says: A Section 21 notice is invalid if before the Section 21 notice was given the tenant made a written complaint to the landlord or a complaint to the local authority (which can be written or verbal) regarding the condition of the property and since the complaint was made the local authority has served a Housing Act notice (as defined above). The intention is that the notice has to be re-served but only once this is permissible at the end of the period of 6 months from when the Housing Act notice is served.

Therefore if you do not comply with the notice, the Landlord must go to Court to get a possession order.

You can defend it on the above basis and a Court will dismiss the possession application

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
Thank you and we are aware of this thing. The complaint has been made about 5 weeks ago and they did the repairs and the served us with the notice on the 6th of september. So in this case I want to know if I can build a case against the landlord and get compensated for that?
Expert:  Jamie-Law replied 1 year ago.

Yes you could.

You need to write and set out your losses and request compensation 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 compensate 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.
Ok thanks very much but what could we consider as our losses?
Expert:  Jamie-Law replied 1 year ago.

Stress, inconvenience and you could plead exemplary damages because this is malicious

Does that clarify?

Customer: replied 1 year ago.
Thank you. Wanted to ad that I was pregnant with my third baby but unfurtunately I lost my baby with all this stress. Could ypu please tell me how to make it official case? Thanks
Expert:  Jamie-Law replied 1 year ago.

Can you see above? I have outlined the process and the Court service website?
If you need me to repeat it, I am happy to do so.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you Jamie you helped us today a lot. Best Regards, Hussain's Family
Expert:  Jamie-Law replied 1 year ago.

Thanks.