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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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We happened to be in a following situation: we have been

Resolved Question:

Hi there,
We happened to be in a following situation: we have been renting a property in Canary Wharf since May 2015. Our contract was enclosed for 2 years with a breaking clause after 1 year. In March 2016 our landlord told us that she had decided to sell a property and that we could expect a real estate agent to contact us regarding scheduling viewings. It was bit of a shock as we had not been in a property for even a year at the time. However we did not want to be painful and patiently allowed access for potential buyers (even due to the contract we had no obligation). For some time it was ok-ish, bit of admin, our time, energy and rescheduling our plans, but kind of manageable. Also our landlord clearly stated that she would try to sell for 4 months max. and if not successful she will take the flat off the market as she is not in an urgent need of money etc. After 4 months nothing happened, the property was overpriced so we just had lots of people coming but nobody wanted to buy. But instead of taking the flat off the market she kept trying to sell the flat and the real estate agency started going out of control – they started bothering us every other day with viewings, did not even try to respect time frames we gave them to organise viewing, coming late for viewings etc. Our privacy was gone, our comfort was gone, on top of our busy jobs we had to deal with tons of emails, phone calls etc...it was just unbearable This took another 3 months. In the end we decided to give our notice as we could not stay there anymore and obviously her promise to take the property off the market is not happening. Now we do believe we deserve some compensation for all the passed 6 months, when our live was very far from being comfortable at this home, which I can not even call a home.
Therefor we proposed we would not pay the rent of the last month of our stay. Of course she does not want to hear about it saying we should have told her before, we did not need to do that etc. We have tons of emails when the real estate agent asked us for viewing few times even the landlord herself. My question is now: Do we have any legal power to get this money back from the rent we paid for last 6 months. Just FYI all the tenancy was organised via a real estate agency Knight Frank (which is a different from the one, who is selling the flat now).
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

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

How much are you owed please?

Customer: replied 8 months ago.
Well we are not owed anything at the moment (if I take a word "owe" in the straighforward meaning) ...we have been following the contract and paying what we are supposed to pay, which is 2080 GBP per month...but I think that for all the months since March 2016 when our privacy and comfort went gone we should get deductions on the rent and not to pay full amount...I know it is bit tricky to ask for it now and apply for the months which passed, but I believe there must be some way....that's why I suggested not to pay the last rent, which is November..so far we still have two rents to pay - for October and November
Customer: replied 8 months ago.
We were happy to pay full rent for 4 months and wait if the flat gets sold or not...she said she wanted to wait until Brexit...but nothing happened and we feel we were kind of cheated...
Customer: replied 8 months ago.
but anyway the basic princpal to me is - no matter what we thought or she said - we let people in, we could not use the flat the way it was stated in the contract, we were dealing with tons of emails etc..so we should have some compensation...this is not what I expect to get for 2080 GBP per month
Expert:  Jamie-Law replied 8 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://hmctsformfinder.justice.gov.uk/courtfinder/forms/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?

Customer: replied 8 months ago.
OH, ok. Thanks you! I have few more questions:1. send the list of losses to who? Landlord or the real estate agent we enclosed the contract with? 2. you are saying within 14 days....these 14 days start counting from today?what kind of limit is this - this is just for my info 3. If we proceed with County court - is it any fee related to this we need to pay? Thanks
Expert:  Jamie-Law replied 8 months ago.

14 days from today. You could say 21 days or 28 days. But 14 days is reasonable.

You send the letter to your Landlord and copy the agent, as this is who your contract is with.

County Court fees are here:

https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-court

Does that clarify?

Customer: replied 8 months ago.
Ok, makes sense! thanks a lot for your help! Just a last question - as I am here for the first time - if I need anything lets say next week, does this fee I paid today (38 GBP) cover a full month? or is it just for today? Many thanks and have a good day. Adela
Expert:  Jamie-Law replied 8 months ago.

It is good for today Adela. If you have any more questions you can just post a new one.

I think the site also offers a subscription based service, which may be useful if you end up having a few questions.

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!

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3277
Experience: Solicitor
Jamie-Law and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Ok, no problem, thanks! Have a good day. Best Adela
Expert:  Jamie-Law replied 8 months ago.

Thanks

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