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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Am staying at a rented property since August 7th,2014. Have

Customer Question

Am staying at a rented property since August 7th,2014. Have paid 6 months rent in advance and 6 weeks deposit. The heating in the flat does not work. This was brought to the notice of the landlord and agent in September 2014. The problem was checked by the landlord engineer and parts were to be ordered to fix the heating. Meanwhile , the landlord provided 3 blowers till the problem was to be fixed. It's been 6 months and still heating not fixed. Again the landlord send an engineer who reported that the heating is not working. Now the agen wants further 6 months rent in advance. What are my options?
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts : my name is ***** ***** I will help you with this.
Alex Watts : please let me know what is it you want to achieve ?
JACUSTOMER-btea0xzf- : They are asking me rent, there is no heating, what are my options?
Alex Watts : Do you know the cost of repair ?
JACUSTOMER-btea0xzf- : I want a reduction in rent already paid since no heating. Willing to pay full rent as per contract only after the heating is fixed. Want to withhold future rent.
JACUSTOMER-btea0xzf- : Waiting
JACUSTOMER-btea0xzf- :
Alex Watts : You can't withhold rent
Alex Watts : That is a breach of tenancy and you can be kicked out. So don't do that.
JACUSTOMER-btea0xzf- : What are my options
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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Alex Watts : Can I clarify anything about this today please?
JACUSTOMER-btea0xzf- : how much refund can I ask
Alex Watts : i would think 50%
JACUSTOMER-btea0xzf- : i don't live her, I live in India. Have rented this daughter who is a full time student. She can't be bothered as she is in an intensive masters program
Alex Watts : sure you can still bring a claim online
JACUSTOMER-btea0xzf- : Why do I need to pay further rent when they have not solved the problem since 4 months. My daughter avoids the flat since it's so cold , has fallen sick 6 times and needs to sit with a blanket inside the apartment
Alex Watts : because that would be a breach and she could be evicted
JACUSTOMER-btea0xzf- : How much would a lawyer cost me. I want to hire a lawyer since then he would deal with this and my daughter would not be disturbed in her studies
JACUSTOMER-btea0xzf- : The landlord has already breached the contract by not providing heating. The money is in the bank. I don't want to pay further till is sure resolved.
JACUSTOMER-btea0xzf- : Waiting
Alex Watts : you Asked if use a lawyer and I said yes but can't recovet those costs
JACUSTOMER-btea0xzf- : That's fine, but I can ask the court harassment caused, which then could cover lawyer expenses
Alex Watts : No. Unless you please harassment then it won't be a small claim.
JACUSTOMER-btea0xzf- : can I sue both the agency and the landlord?
Alex Watts : You would also need to prove a loss and that a mental condition was suffered because of harassment such as anxiety or depression
JACUSTOMER-btea0xzf- : We are foreigners in this country, the very fact that they letter out the property without heating amounts to cheating and is a criminal act. Am I right in thid
Alex Watts : No
Alex Watts : thats a civil dispute not criminal
JACUSTOMER-btea0xzf- : pleae explain, as other websites have clearly stated that it is the legal obligation of the landlord and the letting agency to provide heating
Alex Watts : Yes that is correct. Under the Housing Act. But the Housing Act is civil. Not criminal
JACUSTOMER-btea0xzf- : if you hide the problem of heating and let your property is it not cheating. It's not that the heating stopped working. It was never working from day one.
JACUSTOMER-btea0xzf- : under a legal action, what is the time I can expect a FINAL JUDGEMENT
Alex Watts : it's still civil, not criminal. Any action is civil through the county court
JACUSTOMER-btea0xzf- : Can I not complain to the police?
JACUSTOMER-btea0xzf- : file an FIR
JACUSTOMER-btea0xzf- : I FEEL UNLESS I FILE A CRIMINAL COMPLAINT AGAINST BOTH THE AGENCY AND LANDLORD, I WILL NOT GE TAKEN SERIOULY BY THEM, SINCE THEY WOULD PROLONG THE MATTER IN A CIVIL COURT AND MY DAUGHTERS COURSE FINISHES IN JUNE THIS YEAR.
JACUSTOMER-btea0xzf- : Waiting
Alex Watts : But it's not a criminal offence, the police won't do anything. They will say its a civil matter which it is
Alex Watts : Housing act is civil, not criminal
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to givr you, but I have a duty to be honest.
Alex Watts : You can claim up to £10,000 as a small claim
Alex Watts : Does that help?

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