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Category: Law
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I rent a single storey property from Network Rail which we

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Good afternoon, I rent a single storey property from Network Rail which we have been waiting for 4 years for all the repairs to be made to the building. When we signed the tenancy agreement there was no dispute that the repairs would be made yet timescales and broken promises meant we only moved into temporary accommodation 2 weeks ago whilst the works are finally carried out. We have been told to put what we feel is justifiable to claim from Network Rail and I would like to suggest 2 years rent be repaid to us. We have never missed a monthly payment. I believe that paying the monthly rent for the last 4 years to a very sub standard building entitles us to claim back the last 2 years rent. Please let me if this is feasible. Many thanks
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have been E-Mailing and talking on the telephone over the years and there has never been a dispute that the works needed doing. It turns out the building was so bad it couldn't be repaired and has just yesterday been completely demolished and will be completely rebuilt. I just feel that asking for 2 years rent refund is justifiable from 4 years.
Assistant: Where is the property located?
Customer: Edenbridge TN8
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not really. Network Rail have suggested we put in a claim. I just need some guidance whether my request for 2 years refund of rent is too steep! I don't want to appear greedy, just need to get this right. Thank you

Hello, thank you for the question.

I am a UK qualified solicitor and happy to help.

I would agree that 2 years' rent is reasonable in the circumstances which you describe and cannot see the company being obstructive. If they are, 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

Jim1079 and other Law Specialists are ready to help you
Customer: replied 22 days ago.
Thank you very much for this. We started paying rent for the building at £579 a month and 4 years later it is now £616.39 a month. I have just done a very quick calculation of £600 x 24 and that equates to £14,400. I am just checking if you still think this is viable? Many thanks