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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5027
Experience:  Solicitor
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My flatmates and I are in dispute with the property manager

Customer Question

Good afternoon,
My flatmates and I are in dispute with the property manager and landlord of our flat. We were without water in our kitchen for a month recently. The copper pipes in the property need replacing according to a plumber who has inspected the issue. However, the landlord insisted on a second opinion which decided that only the pipes under the sink were in need of replacing. Our plumbing issues have persisted.
The landlord offered a 10% discount to rent as a "gesture of goodwill". We understood this to mean 10% throughout the rest of the tenancy but the property manager has subsequently suggested it was for one month only. In the last month our plumbing issues have continued and expanded; the water supply to one of our showers has been turned off for two weeks whilst the shower has been resealed (it was leaking into the flat below). This has meant that 4 tenants have had to shower in one shower every morning, and all of us need to get to work at the same time each morning; a huge inconvenience.
We have paid rent with a 10% discount again this month, and the property manager is now threatening to escalate the arrears. We are minded to take this situation further but just want to confirm our legal position. We are under a fairly standard AST.
Can you please advise?
Many thanks,
James
Submitted: 11 months ago.
Category: Property Law
Expert:  Jamie-Law replied 11 months ago.

Hello James my name is ***** ***** I will help you

What is it you want to achieve please?

Customer: replied 11 months ago.
I'd like to know whether we can pay a discounted rent
Expert:  Jamie-Law replied 11 months ago.

I would pay full rent and then seek to reclaim it.

That is because if you pay a shortfall you could be evicted. Therefore I would pay full rent but seek to claim it back from them

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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?

Expert:  Jamie-Law replied 11 months ago.

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