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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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 and other Property Law Specialists are ready to help you

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