How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3980
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

I was renting apartment from private landlords for 12

Resolved Question:

Hi! I was renting apartment from private landlords for 12 months, tenancy ends today. After first month, I reported the problem with window (converted mill, massive 3m window) - wooden structure was broken and during rain, water was coming inside the flat damaging the carpet. Problem was reported immediately. Landlord came over, took some pictures and reported this to building management, as they are the one responsible for window frames, landlords only for glass inside the windows. Problem remained unsolved for the rest of tenancy, so about 10-11 months. Room represents about 20-25% of apartments total space, but we were not able to use it due to water coming inside and very low temperatures due to faulty windows. We were hit with massive heating bills, as we used all three heaters inside the room (it was our bedroom) to keep temperature up, which did not work. In effect, we had to move bedroom to other room and we almost stopped using this room. Landlords defense is that in contract we signed it says that he is not responsible for 3rd party fixtures. He failed to inform us before we signed contract that windows are such a 3rd party fixture what can leave us with leaking windows. We could not contact management agency ourselves anyway, as we were only tenants, not owners. Second problem was with boiler which was switching on in peak tariff hours, 2 hours every day for 365 days. Problem was reported, electrician was sent but he did not have any expertise in boilers, problem remained unsolved for the rest of tenancy. From my calculations, we paid extra 100-120GBP in energy bills because of that.
I would like to seek some kind of compensation for the situation we were put in. Please advise if in this case it will be possible.
Regards, *****
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

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

What is it you want to achieve in total? How much?

Customer: replied 9 months ago.
I am not sure, something realistic really. Room represents about 20-25% of the apartment, it was off use for almost 11 months, rent was 650GBP pcm, so I was thinking along 1625GBP (25% x 650 x 10).
Expert:  Jamie-Law replied 9 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/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 9 months ago.
Thanks for the information. I would need also your professional interpretation - do I have any chance for this compensation to be granted? Is this case, you know, solid? Can I even demand such a compensation based on i.e. faulty window that stopped me from using quarter of the whole apartment. Is the amount I am asking for reasonable and calculated well? I really just need some indication if I should proceed with this case as I have chance to win it, or it will be a waste of time as compensations in such situations are not usually granted by courts.
Expert:  Jamie-Law replied 9 months ago.

No case is solid, there is always a litigation risk. But based on what you said I do think you have an arguable claim for compensation.

Does that clarify?

Customer: replied 9 months ago.
I would need to know one more thing - in a rental contract there was a point saying that landlords are not responsible for third party fixtures. But they failed to inform us before we started rental that windows are such fixtures. I am just worried about this, can they claim that it was not their responsibility and avoid compensation based on such point in a contract?
Expert:  Jamie-Law replied 9 months ago.

No - they needed to inform you beforehand. In any event you could argue that such a term was unfair as it was onerous and not reasonably brought to your attention
Does that clarify?

Customer: replied 9 months ago.
Thanks for clarifying that. In your opinion, is my calculation of compensation logical? I do not want to look in front of court as I am trying to rip landlord off, just genuinely get compensation for loss of one room in apartment I was renting.
Expert:  Jamie-Law replied 9 months ago.

Yes I think it has merit.

I understand how it is calculated.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 9 months ago.
I guess this is more than less everything I wanted to know.Thanks!