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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 8973
Experience:  Solicitor
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We have been a tenant of our landlord since 2005, they're a

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We have been a tenant of our landlord since 2005, they're a charity that lets some of their building to companies and other charities. We are a small business – an LLP.We moved into a new space in a part of the building in 2011, our landlord had their office manager (rather than a chartered surveyor or qualified professional) measure the space and our tenancy agreement (a license to occupy) drafted on the basis of the measurements taken.Between 2011 and 2016 inclusive we paid for 660 square feet of office space but in producing a new tenancy agreement in 2017 and having had actually had a surveyor into measure, it became clear that the new space was in fact 580 square feet once reduced height areas (less than 1.5m) were removed from the lettable area. The old agreement specifically mentions the area that we were paying for.We calculate we have overpaid by around £12000 and we advised our landlord that they have made a mistake and that we wish to discuss a refund for the overpayment. Their finance manager has told us to, essentially, get lost + that the advice they have received is that they have no responsibility to repay the money and as a charity are obliged to make as much as possible.We have a piece of paper (the tenancy agreement) that proves they've made a mistake presumably as a result as using a member of unqualified staff to take the measurements.We would like to receive advice as to the strength of our case against them, beyond the moral / natural law position that we feel quite strong. We can supply a copy of our tenancy agreement for reference if you'd like (it's a 9 page document).Many thanks
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No we want advice first...
Assistant: Where is the property located?
Customer: London, UK. E2 9PF
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: no

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

Is the square meter in the tenancy agreement ?

Customer: replied 1 month ago.
the square meter area is in the tenancy agreement

Ok. I assume you didn’t get it measured? Are you charged per sq meter?

Customer: replied 1 month ago.
we didn't get it measured... the landlord measured it
the formula the landlord users has the per square meter so yes

ah ok. You need to write and set out your losses and request a refund of the overcharge within 14 days from the date the letter was sent in the post, 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7 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.

You can only go back 6 years under the Limitation Act 1980

You can get a public access Barrister to represent you at trial. You can find one at www.clerksroomdirect.com

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
thank you. so we definitely have a case because the square meter measurements in the teancy agreement was
incorrect?
Customer: replied 1 month ago.
it would be good to know how strong our position is... many thanks!

Yes. If you have been charged per sq m and have been overcharged then you have a case.

But only for the last six years.

Does that clairfy?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
that's great thank you!

Pleasure