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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have recently been to view a property and liked it, but

Resolved Question:

Hi, I have recently been to view a property and liked it, but when i went to see it the house was full of clutter. I paid the letting agency £240 to do reference checks and credit checks that came back fine. The previous tenants were moving out on the 7th October so the letting agents said i needed to have transferred them the money for my bond and first months rent which was £1080. Went to the property to sign and it was horrible, such a mess the front door was smashed the boiler wasn't working properly the carpets,blinds and walls were filthy. Some of the kitchen cupboards were broke, a hole in the kitchen floor. It brought me to tears. I refused to sigh and she said she would ask the landlord to pay for it all but I haven't had a reply. I asked the woman for my £1080 back as she said I wasn't entitled to my £240 admin fee back. I have asked her twice for the money but she said she has given £540 of it already to the Bond company. I didn't think she was aloud to do that until I had signed anything?? Help?.
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 :

Was a tenancy agreement signed please?

Customer:

No I haven't signed anything not even for the £240 admin fee.

Alex Watts :

Ok - then the Landlord is in breach of contract.

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.

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:

Do you think I am entitled to the full amount back £240 + the £1080 bond and rent. They are arguing that I have been to view the property twice and that If i didn't like it I shouldn't have paid the £240 admin fee. The letting agents are waiting for a reply back from the landlord if she will pay for the bits that need repairing. i have asked that the £1080 is transferred back to my account while i wait. That was 2 days ago and she said she can only give me £540 back as the Bond company has the rest. Do I have the right to give her a time scale for the repairs or demand a full refund including the admin fee. Also how much will the small claims court charge me?

Alex Watts :

Yes you should claim back EVERYTHING

Customer:

She hasn't refunded me anything yet.

Alex Watts :

Small claims is inexpensive

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

As I said above you should write and claim everything back

Alex Watts :

Does that help?

Customer:

Do you think I still have a case although I have no evidence other than the my bank transfers to them?

Alex Watts :

Yes I think you have a case, a good one

Alex Watts :

Bank transfer is enough

Alex Watts :

Does that help?

Customer:

Thank you for your advise, this payment is it a one of payment of £32 I have just paid?

Alex Watts :

Yes that is correct.

Alex Watts :

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

Customer:

Thank You

Alex Watts :

If you need more help please click reply

Customer:

Yeah I will do. Thank You

Alex Watts :

Great

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