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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8052
Experience:  Solicitor
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I rented a flat and paid the deposit in good faith for 6

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Hello , I rented a flat and paid the deposit in good faith for 6 months rent. Then discovered that a number of items did not work. The most important was the radiator, which did not work during one of the coldest winters. The apartment had no insulation so living consitions were terrible. We ended up buying radiators and also the washing did not work initially causing more costs on our side. We are now being charged dilapidations for mould growing on the bathroom ceiling due to no ventilation (probably did not use anti mould paint) and also some other minor dilapidations. We are choosing not to pay and see if we can get a reimbursement of the value we paid.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Was this an assured shorthold tenancy agreement ?

Customer: replied 6 months ago.
It was a contract for 1 year with a 6 month break clause. I then requested to leave after 6 months as I moved to a family house. I requested another month extension from the 6 months but they forced 2.

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?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 6 months ago.
Is there a possibility for getting some of the rent value back? Is there a standard charge (for example 30% of rent value). As the living conditions were terrible I just wanted to see what I can get back and the probabilities. I moved out in february and we have recently started discussing dilapidations they kept avoiding the issue. Is it 14 days from day I moved out or initiated dilapitations?

Yes I think so. It was in poor condition. It is a breach of the landlord and tenant act 1985 not to provide hot water and heating.

Does that clarify?

Customer: replied 6 months ago.
Perfect. Thanks for your help.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

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