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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 moved into this rented property last month which was

Resolved Question:

Hi,
I moved into this rented property last month which was advertised with garage. When I moved in I was given a key to the garage which I was using since then. Couple of weeks back my neighbor who does not live on the property questioned why I have parked my car in front of his garage and I was told it was his garage. On checking with my letting agent who further checked with the landlord and deeds came to know that there is no garage for the property.
I though have to move as I had paid a deposit for a motor bike which I wont be able to store in the garage and I have other stuff as well that needs to be stored in the garage. I was told by the letting agents that the 1 year lease can be broken as there is not garage now without any fee, which is fine.
Since taking up the tenancy I moved a lot of stuff from my previous home and from my brothers and I got some new furniture and other stuff. Can I get the landlord/letting agent to pay for the move? I have gone into contract for Broadband, TV et al which I may have to break. I also need to find some extra cash for advance and other fees to secure a new tenancy.
I was wondering if I could ask for damages for misrepresentation, distress, and inconvenience.
Thanks
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 :

You can claim for any additional costs as a result of the Landlords breach of contract

Alex Watts :

So you can claim for any EXTRA rent you have to pay because of the move, you can claim for moving costs, new agent fees etc

Alex Watts :

So any losses as a result of the Landlords breach then you can claim for these.

Alex Watts :

Can I clarify anything for you about this today?

Customer:

Hi Alex

Customer:

Thanks for the response

Customer:

Will I be able to claim on costs only or for the inconvenience and distress?

Alex Watts :

That would be nominal.

Customer:

and if so to what sort of amounts

Alex Watts :

Maybe £250

Alex Watts :

£250

Customer:

so the moving in fee, removal and all, are they to be claimed on actuals?

Alex Watts :

Yes

Alex Watts :

But you have to mitigate your loss

Customer:

sorry but what does that mean

Alex Watts :

So if you did not get a removal firm in when you moved originally you would struggle getting a firm now.

Alex Watts :

You could claim for van etc

Customer:

since moving in I got new furniture which I would not have got initially

Customer:

and I would not have bought those had I not moved in to this property?

Alex Watts :

Whatever you do you must mitigate your loss, ie minimise your loss

Customer:

yes...

Alex Watts :

So if it fits in a van, that is fine, even if several journies

Alex Watts :

But you can't just claim for a removal company just because you want the Landlord to pay for it

Customer:

can I claim for a handyman then?

Customer:

I live alone and the furniture was delivered to my home

Customer:

obviously I cannot move the furniture alone

Alex Watts :

You can claim for any and all costs associated with the landlords breach of contract.

Alex Watts :

So yes Handyman

Customer:

do I claim these to the letting agents or to the landlord direct?

Customer:

how do I initiate a claim?

Customer:

the property was to be fully managed by the letting agents

Customer:

and the letting agents signed the contract on behalf of the landlord

Alex Watts :

You claim everything from the Landlord.

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.



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?

Customer:

Yes please

Customer:

with regards ***** ***** tv et al

Customer:

the current property gave me fibre broadband, tv et al

Customer:

what if the property I select does not have fibre broadband

Customer:

and has to downgrade the service?

Customer:

which my provider may not agree

Alex Watts :

Well what do you expect to claim for?

Alex Watts :

What do you think broadband is worth?

Alex Watts :

BT sell it £16 a month

Customer:

it is not about claiming

Alex Watts :

Say regular is £10 a month

Alex Watts :

Thats £6 a month you can claim

Alex Watts :

For the remainder of what would have been the term at the old property.

Customer:

it is not just about claiming damages

Alex Watts :

That is all the Court will be interested in

Customer:

will I have to compromise and pick a property that provides fibre broadband

Alex Watts :

To put you back into a position had the contract not taken place

Customer:

oh

Alex Watts :

Did you tell the landlord that you were only picking the property because of broadband?

Alex Watts :

If not - then he can not be expected to know so you can't claim anything beyond that

Customer:

picking the current property?

Customer:

that I picked due to a whole lot of things

Alex Watts :

Well don't pick a property that does not have fibre then

Alex Watts :

Then it wont be an issue

Customer:

ok...

Alex Watts :

Can I clarify anything else?

Customer:

that will be all for now...thank you for your time...

Alex Watts :

Happy to help. Can I help with anything else today?

Customer:

thank you...nothing else

Alex Watts :

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

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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