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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5561
Experience:  Solicitor
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I have a property which I rent via a letting agency. tHERE

Resolved Question:

i have a property which I rent via a letting agency. tHERE WAS A DISPUTE WITH The tenant as heating was not available. after a while the agent said he could provide some heaters and I said go ahead. hE DID NOT QUOTE A CHARGE AND Did not follow up in writing with a quote/estimate (all other correspondence in 8 years has been in writing and the agent always asked explicit approval for the estimate in writing). this time there was nothing in writing, no follow up email... until 3 months later when I received a bill for £624 for rental of 2 heaters. bEFORE i RECEIVED THE BILL i had agreed compensation with the tenant for unavailable heating.. and the agent had made no mention that I would be charged for the heaters. i could have bought heaters for less than £624
when challenged, the agent says that they acted in this manner because 'to ensure prevention of a report to environmental health for the neglect of basic services to a tenant which would have resulted in a hefty penalty.'
my point is I was not given prior notice of a charge and was not able to make a choice of action to be taken.
they have deducted the £624 from rental income even though I have disputed this and said they could not
how should i PROCEED
Submitted: 6 months ago.
Category: Law
Expert:  Jamie-Law replied 6 months ago.

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

I assume you want to claim the £624 back?

Customer: replied 6 months ago.
ideally ... but would be prepared to make a contribution
Expert:  Jamie-Law replied 6 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?

Customer: replied 6 months ago.
how should I phrase it.............................they acted to prevent a penalty. Is there some wording I can use. Should I also mention taking them to letting agents association?
Customer: replied 6 months ago.
as they already have my money and I expect them to stop their services... it looks like a 'long shot' threatening small claims court
Expert:  Jamie-Law replied 6 months ago.

You can say it was breach of contract. I think you have an arguable case

Does that clarify?

Customer: replied 6 months ago.
i think socan i say the fact they took money for a charge i did not agree to is unlawful? There is no written or verbal approval considering costs... no information give. Is there any additional wording I can use in addition to breach of contract...
Expert:  Jamie-Law replied 6 months ago.

Indeed. All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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