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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good morning! We- my husband and me)- third year rent room

Resolved Question:

Good morning!
We- my husband and me)- third year rent room in East London. All this time paid cash in hand and didn't receive some paper- not contract, not receipt. First time didn't think a lot because money was enough, now starting to rise problems- first- when need proof of address for gp- person, who collect money said NO. If somebody living alone- no problem to leave this room and move. We are family. Then husband lost job- I could receive housing benefit, but again receive answer No from renter about contract or some letter from landlord. Ok- I continue to pay- now think that was my big fault to wait so long. Lose money- now I have two jobs, working around 37 hours per week, husband still without job. Month ago I changed job- I can't strait now ask for tax benefit, had second offer for housing benefit, but don't have contract. Till now paid from loan, now must put it step by step back. How I understood- this is council flat and person who collect money- from Moldova- rent it from some Englishman. Maybe this flat is private property now. We now only first name and mobile phone number of renter. Now really we don't have money to pay, this tree years I paid 150 hundreds to this man... he doesn't give even paper about eviction, only threaten that bring our belongings on street. We asked about advice in council housing department- if we will become homeless- what to do. There answered- no problem- don't need to pay money if this person doesn't give receipt. If coming in room- call police... seems simply, but how it will look in practice? Where to complain about this person? Maybe I will ask back my 150 hundreds, because this is illegal renting and I lost my benefits. We didn't need to pay at all, now stay with little money that is not enough to move normally in normal flat.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

What is it you want to achieve please?

Customer:

I want receive back my money because I could receive benefit but renter said NO- he will not give contract or letter for that. Understood that we are living illegal but too late. We are from aboard. Room found by advert, didn't have experience what must ask first- receipts, contract etc. trust only. If not possible get back money- what to do first to receive some roof above, what papers we must have- contract or paper about evction we will not receive.

Customer:

Other- maybe complain about this illegal renter at all?

Alex Watts :

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 recorded 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 matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Can I clarify anything for you about this today please?


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