Hello and thanks for requesting me.
What damage has been done please?
There was a lot of damp on the internal bedroom walls, causing major mould which forced the tenant to move out for health reasons - the walls were absolutely black. This was due to water leaking in from the roof.
How much do you want to claim?
780 for cost of repairs and 1,500 for loss of rent for 1 bedroom for 4 months = 2,280
If they don't respond and I have to take legal action I would like to get reimbursed for all the repairs and lost rent I've paid for over the last 5 years
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?
I am trying to avoid court and I don't think we're at this stage yet
I really need to find some written text to show that asking for loss of rent as part of my cost of the water damage is reasonable - just like in the Austral***** *****nk I included - surely there is a precedent? They are not denying it yet - they just want some confirmation that it's reasonable http://www.propertyinvestmentlawyer.com.au/renting_part6_Strata%20Renting.htm
The answer is yes, you can claim for loss.
A reasonable loss is any loss connected to the breach that has occured.
So if it was not for the breach would have the losses occured.
So if you had to go somewhere in the car as a result of the breach you can claim that
If you have lost rent because of the breach you can claim that
So any losses directly related to the breach can be claimed.
Does that clarify matters for you?
Thank you - I just need that loss of rent referenced to somewhere on a legal site which I can pass onto the other owners - I paid the highest price on this site for a detailed answer and just needed something like the Austral***** *****nk I provided in the question
If you want the Direct Gov information that is here:
Loss of rent is breach of contract.
Breach of contract is not an act of Parliament - it is common law. Therefore not writtten down
Can I clarify anything else for you, or anything specific?