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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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I recently moved into a rented property and it became apparent

Customer Question

I recently moved into a rented property and it became apparent that there was a fairly serious damp problem, after having arranging for a surveyor at my own cost, they advised that there was indeed a damp problem, that it was a long standing problem and that in all likelihood the bathroom and kitchen would need to ripped out to rectify the problem. As it transpires, the previous tenant who I have spoken to, reported the damp problem to the agent and was told to use dehumidifiers.
The landlord has given me the option to sever the tenancy which I think I am going to do, however am I entitled to pursue recompense for the rent I have already paid as the agent was aware that there was a problem when they let it? I have been in the property just over a month and as such have paid 2 months 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 :

For now please let me know what type of tenancy you have ?

JACUSTOMER-oa48ghg6- :

I'm not entirely sure, just a standard tenancy, I can find out from my agreement if it is needed?

JACUSTOMER-oa48ghg6- :

Residential rather than commercial

Alex Watts :

What is it you want to achieve? Have you reported it to the Council yet please?

JACUSTOMER-oa48ghg6- :

I would like to recover the rent I have paid already as clearly the house wasn't in a fit state to live in when it was offered for rent and it has caused me and my children a lot of disruption.

Alex Watts :

ou 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.

JACUSTOMER-oa48ghg6- :

It is a private tenancy through a letting agent so I've not notified the council

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?

JACUSTOMER-oa48ghg6- :

Is it my right to claim back the rent in this situation?

Alex Watts :

Yes you could. I will outline the process

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 signed delivery and keep a copy.

JACUSTOMER-oa48ghg6- :

thank you

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?

JACUSTOMER-oa48ghg6- :

How would I justify rent paid as losses?

Alex Watts :

I think there must be a system bug - that appeared twice!

Alex Watts :

You have a surveyor report saying there is a rent problem

Alex Watts :

That is enough for breach of contract

Alex Watts :

Does that help?

JACUSTOMER-oa48ghg6- :

yes that's great

JACUSTOMER-oa48ghg6- :

thanks

Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-oa48ghg6- :

No I think thats it

Alex Watts :

Great. If I could invite you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-oa48ghg6- :

great thanks

Alex Watts :

Thank you

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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