How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I moved into a property almost 2 years ago with my husband

Customer Question

I moved into a property almost 2 years ago with my husband and 2 young daughters. The owner of the property was aware that we awanted to buy the house and agreed she would sell to us but was not ready to start the process due to a bereavment in her family. We agreed to rent until we ordganised contract....etc When I pushed the owner to give me a price, she agreeed to get hte house valuated. She sent a property agent roudn to take pictures and measuremanets. A few weeks later I received asection 21 notice and a letter to say she is no longer selling and she wants our rent to almost double form £1650 ro £3000. During our time int he house we had no gas safety certificate, our desposit was not put in a goverment schemee. We have down renovations as she told us it was going to be our house - which has obviously increased the rental value and selling value. Now that I have brought these things to her attention; she has deposited our deposit into t scheme and is trying to get someone to come round to do a ga safety check. As well as all the above; we have had no access to the main shower int he bathroom, our hot water does not come on unless we put the heating on (which wastes a lot of money). We want to buy a property and are viewing potential properties regulary but with 2 young children; its not going to be a quick process. What shoud I do......am I entitled to compensation?

Here is the Notice I sent to the owner of hte property:



15th May 2015







Notice of Breach of Contract, Breach of Privacy and Misrepresentation.







It has come to light the grounds upon which you have issued a notice under section 21 of the Housing act 1988 are invalid and I am entitled to issue proceedings for breach of contract. I shall not be leaving the property at the end of the month the specific reasons I shall itemise below.




It must be made clear that your agent has not only threatened me with court proceedings to evict me from the property but also with negative credit reference if a decision is made to evict me from the property. It is because of these threats and coercion that I had agreed under duress to leave the property unrealistically with such haste. Upon seeking legal advice it is clear that these acts are clearly misrepresentative of the facts as it is not possible to gain a possession order in 2 days as threatened by the agent acting upon your behalf.




Whilst living at Shirley Avenue several renovations have been carried out; these renovations were discussed with you first, and you stated that it was our house and we should treat it as such. It is for this reason the followings works have been completed on the property and to which you have not been asked to cover the costs of:





  1. Installing a wall partition in the kitchen which now separates the ground floor room and adjoining bathroom – turning it into a self-contained flat1.





  1. Several leaks within the house have been fixed, including the master bedroom toilet2.





  1. The insufficient ventilation where the boiler is situated which had to be fixed otherwise the house would be condemned3.





In addition; the shower in the main bathroom has not been functional for several months due to the poor tiling in the bathroom causing water to leak to the room below which eventually resulted in the kitchen ceiling caving in leaving us with no kitchen over the Christmas period- luckily nobody was hurt.







The temporary fix that was put in place on the faulty boiler meaning both hot water and heating needs to be switched on for either to work– incurring unnecessary charges (approximately £50 per month for 2 months)  all landlords are required by law to complete gas safety checks on their properties which you have failed to do for 2 years incurring further cost to me.




These issues have been bought to your attention and rather than suffer the cost of fixing them yourself you have continually conned and misled me into covering the costs as you led me to believe that I would be sold the property and I was happy to resolve them once I had purchased the house.




As a paying tenant never in arrears and paying you even without an active tenancy agreement; this is not acceptable and for living under these conditions whilst you were aware needed fixing; I will be seeking compensation for this as well.




You have been deceitful in your actions and have reneged on a verbal and implicit contract that you would sell the house to me. You send a unidentified agent to the property for a valuation which you led me to believe was in order to set a value to sell the house to me whom upon this pretence I allowed to take photographs of my home. It is now come to light that not only are these images of my home being used for advertising the property to be rented but images containing my personal belongings is on the internet without my express permission breach my privacy and posing a threat to the security of my family.




It brings severe concern to note that the advertisement further highlights your dishonest and dishonourable conduct in the demand for £3000 rent from myself in your letter dated 17th March 2015. However the advert in question is only asking for £2580 rent per month.




Upon seeking independent valuation it is become known that the renovations completed by myself have increased the value of the house significantly as well as the rental value by some £350 per month, money which I am fully entitled to.







As you know it is and has always been my intention to purchase a family home and with the sudden withdrawal from our original agreement because you have been advised that you can get £3000 rent per month, I and my husband have been forced to now take considerable time off4 work to view other properties at a considerable loss of earnings.




Considering the facts expressed above and the significant consideration of at least £5,800 put into the property and the only reason this consideration was made was because you had stated that it was our house, the costs of your sudden “decision” for my family to vacate our home in potential storage costs, removal and evicting our tenants from my other home a bill is attached for you to settle immediately in order for the property to be vacated swiftly however this will not be for at least 3 months.




In addition to the monies I have already invested in the property; £1650 was transferred to your account which you insisted I pay by way of a deposit. This deposit is required by law to be entered into a government backed tenancy deposit scheme (TDP) which you have not done. I have attached the reimbursement of this cost to my final invoice.







No contract exists between myself and the managing agents that you have employed therefore  no obligation exists to communicate with them and considering the dishonest and dishonourable conduct of these agents herein I respectfully ***** ***** offer to engage with them hereafter.




Should you continue to pursue to seek possession of the property through the courts hereafter without settling the invoice the court shall be notified of all the facts expressed and a counter claim for breach of contract and breach of privacy as well as breach of the Misrepresentation Act shall be issued.




Due to the dishonest conduct displayed kindly refrain from telephone communication and respond in writing within 28 days of the date of this notice outlining how you intend to proceed with remedial action (An invoice is attached kindly indicate whether you wish to offset the rent due upon the 18th May 2015 and subsequent months the property may be occupied) prior to negotiating handing over the property.




It is trusted this notice is sufficient to bring this matter to a positive conclusion. Sincerely








Ms.Shereen Stewart



All Rights Reserved- Full Commercial Liability

Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is,Alex and I will help you with this.
What is it you would like to know?
Customer: replied 1 year ago.

I'd like to know whether my points are valid.

What is the next thing I need to do as it seems the owner is quickly trying to fix the points I have made - which I think is too late but wonder if this will be looked at in a positive way shoudl this got to court. I have invested a lot of time and moneyinto this house....will i be entitled to compensation/reimbursment of money spent before I am forced to leave.

Is she allowed to force me to leave considering I have no active tenancy?

Please note my tenancy ended august 2014 so I have no active tenancy at the moment .

Expert:  Ash replied 1 year ago.
Well I can say that in any event if the deposit has been protected the landlord can't take any step whatsoever to evict. In any event the landlord needs a court order to evict you, the locks just can't be changed.
But yes the concerns seem valid.
Can I clarify anything for you about this today please?
Alex.
Customer: replied 1 year ago.

Your answer is very vague and leaves me with no where to go.

As hte landlord is now trying to tfix the things I have mentioned - will my points still be valid should this matter be taken to court.

I received a text this mornig to say she is sending a gas engineer to my house tomorrow - shodu lI not be given notice.

The landlord keeps trying to text me, howwve rI specified in my letter that she needs to communicate via post.

What can I insist to expect from her...what rights do I have...how do I get reimbursed for the money I have spent and the extra moeny I am having to spend becuase of the boiler situation.

rent was due yesterday, which I have paid....can I stop paying rent from now on until the matter is settled?

Expert:  Ash replied 1 year ago.
Sadly you shouldn't stop paying, otherwise that is a ground for eviction. However the landlord can't just Increase the rent. They must allow you to appeal and then go before a rent tribunal.
They can't just increase rent for you,not here is a proper procedure. As for the monies spent you can claim that back.
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 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?
Customer: replied 1 year ago.

Thank you

In the Notcie I sent to her last friday ; I attached my invoice of the money I have spent...is this enough?

Also, the landlord has already handed over management of my home to another company who are already advertising for new tenants. They are using pictures that they took of the inside of my house (with my personal belongings) can they do this? I have already sent them a letter to advise them to remove the picture as they do not have my permission. what else can I do to get these pictures removed?











To:


Liliana Grazcyk


6 Kelsall Close


SE3 0JJ


*****@******.***












































































DESCRIPTION



HOURS



RATE @



AMOUNT (£)



Installation of wall partition in Kitchen







1,800



Ventilation for boiler cupboard







350



Additional costs for heating due to faulty boiler for 30 weeks





£5per day



1,050



Fix to leak toilet in Master bedroom (Plumber call out fee, parts and labour)







180



Fix to leak from sink in main bathroom (Plumber call out fee, parts and labour)







120



Reduction in rent due to no Gas Safety certificate for 21 months





£50 per month



1,050



No access to shower in main bathroom for 20 weeks





£25 per week



500



Loss of earnings for 5 days (2.5 days Shereen Stewart + 2.5 days Derick Brown)





£150 per day



750



Deposit







1,650





TOTAL £



7,450



Make all cheques payable to: ***** *****

Expert:  Ash replied 1 year ago.
Yes that all seems in order and it's less than £10,000 so a small claim
Alex
Customer: replied 1 year ago.

thanks.

Are you able to answer my previous question regarding the mangement company advertisng my house for rent with images of my personal belonging which I have not consented to.

Expert:  Ash replied 1 year ago.
They can show images as long as it does not show things like photos, bank statements or anything that can identify you or disclose your personal information.
Does that clarify?
Alex
Customer: replied 1 year ago.

ok thanks for clarifying.

Since I raised this question regarding not having a gas safety certificate and my deposit not being in a goverment scheme. My landlord has decided put my money in a scheme as of today - she has backdated it to 2 years ago. She is also trying to gain access to the property to get the gas safety checks done - i have no problem with this. However should this go to court; will the judge say as she has rectified the problem; i no longer have a case?

Thesse are things sheneeds to do by law and hasn't, therefore only doing them because I have highlighted the situaion should demonstrate her dishonesty or is she witn her rights to fix the problem at any time?

Expert:  Ash replied 1 year ago.
No, you still have a case.
Alex
Expert:  Ash replied 1 year 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.