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 Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8646
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

We moved out of a rental property a few weeks ago, we were

This answer was rated:

Hi there,We moved out of a rental property a few weeks ago, we were due to check out on Friday 6/4/18, I went to the property on the Thursday 5/4/18 to get the last of our belongings but on getting to the property I noticed our bins were full and over flowing, I simply thought "cheeky neighbours using our bins!" but on further inspection, it was our personal belongings that had been binned! Turns out the landlady entered on the Wednesday 4/4/18 without any permission or notice whatsoever and started helping her self to our belongings and throwing away items she didn't fancy for her self, this included some of my son's new born clothes! The estate agent, who I believe manage the property have agreed to reimburse us for the damaged items and had we been treated well whilst living there I would be happy to leave it at that! We paid our rent every month on time without fail. When we first moved in, there was no smoke or Co2 alarms present, the washing machine then broke and we waited 6 weeks for a new one (my fiancee was heavily pregnant at the time), the back door needed replacing and kept promising a new one (never happened), oven broke down and waited 10 days for a new one, we then gave (according to the front page of the tenancy agreement) our 30 days notice to which we were told "oh actually if you read all the small print and sub point you'll notice that its 60 days. Whe that happened and we never made a fuss, just swallowed it, so this was the last straw for us! sorry for the rant but i really want to see where i stand legally. Ideally i would like a months rent back (which we feel we shouldn't have paid any way) plus the damaged items.Many thanks luke

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

How much is a months rent? Just to be clear, you had paid for the day the Landlady had emptied the property?

Customer: replied 5 months ago.
We had paid up until the 6/4/18, the rent was £1200pm

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 5 months ago.
14 days has passed since we left, does that mean its not worth pursuing?

You need to write and give 14 days notice for Court.

You have 6 years to bring a claim

Does that clarify?

Customer: replied 5 months ago.
thank you, (last question) and if it did go to court, we would have a high chance of winning in your opinion? \

Yes I think you would. The Landlord should not be entering the property before the rent has ended.

Does that help?

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 5 months ago.
great thank you