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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

im in a private rented flat with very bad damp landlord has

Resolved Question:

im in a private rented flat with very bad damp landlord has done nothing to sort but is houndin me for rent
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 type of tenancy do you have please?

Customer:

are we havin this chat or not ive paid nearly 30quid now ur not there

Alex Watts :

I am here but the system shows I am on and offline when I switch screens

Customer:

can u help advise me please

Alex Watts :

Did you see the question I asked?

Alex Watts :

What type of tenancy do you have please?

Customer:

it was a 6month one ive been in flat 4 years this november damp reay is bad

Alex Watts :

Ok - what is it you want to achieve?

Alex Watts :

Have you reported it to the Council?

Alex Watts :

Are you able to respond?

Customer:

i l ost signal im bac now

Customer:

ive not reported it to counci as landlord tod me my rent arrears would rent arrears would go agaisnt me

Alex Watts :

Ok - you should get a surveyor report or the Council around so they can look at the damp

Alex Watts :

It may be the Council take action and prosecute the landlord

Alex Watts :

But if there is damp you can take the landlord to court for that

Alex Watts :

If you have rent arrears then any claim against the Landlord can be offset against those arrears

Alex Watts :

But if you issue proceedings against the landlord you do run the risk that he will end your tenancy if it is a periodic tenancy, ie outside the fixed term

Alex Watts :

Sadly you can not do anything to prevent that

Alex Watts :

But I would report it to the Council and if appropriate get a survey done so you know where you stand

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

ive been payin a monthy amount for ages rent and sum off arears surely its not rite to leave us livin like like this im asmAtic and my son has mebabolic acidura

Alex Watts :

Yes I would agree

Alex Watts :

That is why any claim against the Landlord can be offset

Alex Watts :

The Judge may consider a reduced rate

Alex Watts :

Therefore you can still sue

Alex Watts :

Does that help?

Customer:

i cant giv u a good report i only went on this site as id thought u could help me its cost me days wage n im no were nearer knowin wots gona hapen to my family worst 30quid ive ever spent

Alex Watts :

You mean you thought we could sue them for you?

Alex Watts :

Well good luck then - bye

Customer:

no not at all i dont want to sue ANYBODY I JUST WANT SAFE HOME FOR MY FAMILY 30QUID WAS ALOT FOR ME TO PAY FOR USELES INFO THHAT I COULD OF GOT FOR FREE FROM CAB I FEEL CHEETED N LET DOWN

Customer:

I WIL NOT B RECOMMENDING YOUR SERVICE AS I FEE UVE BEEN NO HELP ILL TEL MY ASSOCIATES N OT TO BOTHER WASTREIN THEIR CASH

Customer:

U WHICH NOTSIN YR SERVICES

Customer:

ME ANT TO PUT YR SERVICES EEARENT WORTH THE CASH U CHARGE

Customer:

I FEEL SO LET DOWN REALY HOPED U COULD OF HHELPED ME

Alex Watts : You asked what to do. I have told you.
Alex Watts : You need to get a surveyor to confirm if there is damp
Alex Watts : You need to write and set out your losses and request a refund of rent 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : 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.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

MY LANDORD HAS TOLD ME AS IVE ARREARS WORK DOESNT HAV TO BE DONE

Customer:

I WOULD LIKE FULL REFUND YR USELES INFO HAS NOT HELPED ME AT ALL ITS JUST TOOJ

Customer:

CASH I COUD

Customer:

ITS JUS TOOK CASH I COULDNT AFORD

Alex Watts : The lanldord is lying.
Alex Watts : the work has to be done.
Alex Watts : He can not stop doing the work just because you have arrears.
Alex Watts : He still had to make the property is good condition.
Alex Watts : What you have to do is complain to the council to see if they will come out and prosecute
Alex Watts : Or you can issue proceedings and claim ALL your rent back.
Alex Watts : If you can't afford the court fee you may get fee remission
Alex Watts : Does that help?
Customer:

YES IT HEPS THANK YOU

Alex Watts : Can I clarify anything else for you?
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
 
 
 

Related Property Law Questions