Hello my name is ***** ***** I will help you with this.
For now please let me know whether you just want to seek compensation ?
Yes, I do
Ok - well my view is that is they get you to move you do have a claim for breach of contract against the Landlord.
It makes no difference whether or not you have a licence for a room or a tenancy agreement.
The agreement said 4 months notice.
But he wants you out in a month
You can therefore sue for breach of contract and claim extra rent, moving costs etc.
You need to write and set out your losses and request a payment 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 pay 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?
Let's see if I get it:
I calculate my costs, then ask him to pay them via certified post
I give him two weeks do so, I guess?
And if he doesn't do so or refuses, I can start an online claim with a form N1
It should be small claims, so I don't need representation
Does that mean I can do the whole process from another country? because at the moment, I'm in Spain
Yes you can issue online. But if there is a trial for the small claim you would have to come back for that
If there's a small claim, does the quantity increase in any way?
You can claim up to £10,000 in a small claim
Also, other flatmates, including my girlfriend, who is in the contract, can attend court if needed?
Just to clarify, the quantity I'm supposed to ask is exactly what I spent to move out. No more no less.
is this right?
Yes that is right. You can probably claim a nominal sum for inconvenience around £250 but nothing more
Am I safe to try that?
Yes I would
the Judge can always say no to that element
Ok, I'll try then. One last question:
I spent on a truck to move my stuff out, trains and planes to get to Spain
But I kept part of my stuff in a storage facility in London that charges me every month
Well you can't claim for trains and Spain
You can only claim for storage etc
Well how are you able to justify moving to Spain?
My family is here.
Apart from the travel, it costs me nothing to live here
And I had no money to move again in London
Definitely not to face another rental + deposit
You can't claim the cost of going to Spain
You could have stayed at a B&B
Or when he gave you notice you could have gotten another property for 3 months
You didnt need to move to Spain
You wont be able to claim those costs
You can claim storage and moving etc
But not Spain
Ok, that's a shame
Can I claim storage for more than one month?
If you had a car accident and had a mini then by the same logic you could hire a Rolls Royce!
Yes you can claim 3 months storage
Ok, I understand the logic behind that :)
Thank you very much
I think that's all I needed
I don't think I need to worry about anything else, should I?
Great. Can I clarify anything else for you?
Can these hearings get complicated? Can I be in this process for half my life? Because that's how Justice works in Spain
No, its a small claim. It will be an hour or two at the most
Can I clarify anything else for you?
If that's all I need to worry about
Then I'm Ok
Can I help with anything else today?
Well, on tiiiny thing
My flatmates are still in the house with the landlord, and he's being more and more aggressive
Should he kick them out just like that
Can they call the police?
Yes they can call the Police.
Ok, I'll tell them then
Thank you very much, then
Bye & cheers
Happy to help
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If they move out, though, they'll able to claim three months of the next rent, right?
Brilliant. Thanks again.
Happy to help - please do take a moment to rate before you go
Hi, sorry to bother you again.
I forgot one cost. I had to send parcels to Spain. Can I claim that cost?Many thanks,
I sent a certificate letter to my landlord more than two weeks ago. Since he hasn't answered positively, I started a claim using Money Claim Online.However, the status of the claim is simply "issued". Apparently, I can force a judgement, but there's a couple of conditions I need to meet:
'you must have received a full admission from the defendant(s) that they owe you the money claimed' Knowing my landlord, that's not going to happen.
'14 days must have expired since the claim was served on the defendant(s) (the claim is considered served on the fifth day after it was issued) and a response has not been filed or served on you
If you served separate detailed particulars of claim on the defendant(s), you must have filed a certificate of service within 14 days of serving these and, where you've done this, you must confirm this if you proceed to request judgment.
You don't have to pay a fee to enter judgment. A judgment order will be sent to the defendant(s). It is your responsibility to enforce the order if the defendant(s) does not comply with the terms.'I don't really get this last point. What do I do next?