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Category: Law
Satisfied Customers: 1785
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We recently searched for a property to rent and the agency

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We recently searched for a property to rent and the agency we dealt with got us to sign a contract and didn't deliver on any of our requests (they misrepresented the state of the flat & denied us access prior to signing). As a consequence there were fees to pay and we ended up losing quite a bit of money when we demanded to be released from the contract. The question would be - can anything be done to recoup part/all of the losses? We have the correspondence and photographic evidence.
Assistant: Where are you? It matters because laws vary by location.
Customer: London
Assistant: What steps have you taken so far?
Customer: We've talked to an ombudsman but nothing further
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: yes, we had to cover the time we couldn't live in the apartment with other last moment renting services, at quite a steep price; also, it was all very stressful to us - my partner has a condition which can be triggered by stress

Hello, thank you for the question.

I am a UK qualified lawyer and happy to help.

I would demand a refund given the agency did not act in your interests and my misrepresentation in contract law. I feel that it is entirely reasonable that you should reclaim your losses and would be confident that the county court would agree.

I would send them a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

You would then need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the refund and do not pay you. The website is very user-friendly and you would not need a lawyer unless the claim is worth over £10,000. All claims under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter would be dealt with on paper by a Judge, not at a hearing.

You would claim the sum for the refund, the court issue fee (details of fees are here: www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment.

I hope this helps - if you can please accept the answer and give me a star rating (there should be a row of 1-5 stars at the top of your screen to allow you to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Kind regards,

Jim

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