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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have asked reduction in rent as a tenant re

Resolved Question:

Hello
I have asked for a reduction in rent as a tenant re a 6 months rental contract starting 14th March 2015, from £2,150 pm to 2,000, which I paid all in advance before starting.
This is because there have been so many things going wrong, as well as not doing repair/redecorating work before we started, as advised when we agreed the contract.
Most especially works not foreseen, such as the last 10 days having no heating or cooking from a oil fired Rayburn, due to motor burning out, but now just repaired; and not being able to use wood burning stove, since sweep has confirmed not fit for purpose, leading to us being freezing. Landlady offered £80 to buy c.3 heaters - after much chasing up, but would have made little difference and ramped up heating bills. We have still to have a shower water leak through ceiling to be repaired, and mains water leak on our entrance drive/roadway curtilage area for the 2nd time, which I dealt with first time re organising water authority, but 2nd time left to management agents who 2 weeks later have still not had worked started - such that our neighbour has asked to help chase up since affecting his driveway?
The agents always need authorisation from the landlady, who ALWAYS moves very slowly and requires usually 2 or more quotes - with the end result that 2 months into the 6 months contract we have endured one problem after another (23 defects) - and she has refused to reduce rent request - despite so many outstanding repairs to be done, including replacing wood burning stove now, plus replacing entire chimney liner.
She says she reduced rent - because of repair works needing to be done - from £2300 pm to £2150, which she did, but we agreed to come in one week earlier, and the defects mentioned above have nothing to do with her decorating works - not that having o/s repairs was the basis for the rent reduction - but that we simply could not afford £2,300!
Please advise what my legal options are. I have my wife and 2 grown up children living with me. Thank you.
Mark
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How much in total are you seeking?
Customer: replied 2 years ago.

Hi

£900 (6 mths x £150) i.e. from £2,150 pm to £2,000 pm.

Thank you.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund of the £900 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 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 for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thank you Alex.

My £900 claim would be based on no actual cost, but my estimate to make good the upset caused by having to spend so much time with emails and phone calls chasing up emergency repairs and non-emergency repairs.

Thus I have no evidence to substanciate my £900 figure - it is just my figure based on the upset to me and my family caused - and still with so much work outstanding - 1/3rd into the contract.

Thus would the court query the legitimacy and accuracy of my figure?

Thank you.

Expert:  Ash replied 2 years ago.
It can yes.
Alex
Customer: replied 2 years ago.

If the court can query my figure then surely this weakens my case because I have no 'actual' cost substanciated e.g. by say an invoice, in which case does this not seriously undermine me pursuing this further?

Expert:  Ash replied 2 years ago.
No. But it would be breach if contract by the landlord.
Does that help?
Alex
Customer: replied 2 years ago.

Sorry to continue - but I hope we are now there re my understanding.

Are you saying that my legal case is based on being a breach of contract since the property was not fit for purpose re being adequately maintained to a reasonable standard, and aftercare was inadequate being too delayed and not streamlined and efficient.

Thus if the court agree then defacto they would - all other things being equal - g with my £900 figure as effectively damages?

Thank you.

Expert:  Ash replied 2 years ago.
Correct.
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex