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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask chatham-chamber Your Own Question
chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 13388
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
12179604
Type Your Law Question Here...
chatham-chamber is online now

I had a question regarding my letting agent. i wanted to

This answer was rated:

hi, i had a question regarding my letting agent. i wanted to submit a small claim as throughout my 3 year tenancy he failed to provide services which made my flat unliveable (toilet issues, no hot water, electric issues) non of which were fixed promptly rather he would take months to get anything done. Now he is not releasing my deposit and I have vacated the flat over 2 months ago. Am I able to submit a claim to the courts even though these things happened in the past?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I have no prepared anything as I was not sure if I was able to make a claim to begin with.
JA: Where is the flat located?
Customer: Since the issues occurred in the past. The flat is located in Leicester City Centre It is a premium flat, in the highcross buildings I paid an extremely high rent, considering all other properties in Leicester. I expected the same level of service however, the letting agent failed time and time again
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes, the last months rent was no paid as I had a toilet issue that was not resolved even though i requested repairs for 3 months. The letting agent would completely ignore my emails and would not respond until I emailed the landlord directly.

Hi,

Are you still living in the property? If so, have you reported the matter to the Council?

Customer: replied 10 days ago.
No, I have vacated the property. I ended my tenancy 28th of August.
Customer: replied 10 days ago.
I just feel like this agent took complete advantage, and is still taking advantage by not returning my deposit.
Customer: replied 10 days ago.
would you advise that I am able to submit a claim? Can I claim damages, I have records within my emails to prove issues were never rectified in a timely manner.

Hi,

You can ask your landlord for compensation if they fail to carry out repairs within a reasonable time once you've reported them.

If your landlord agrees to a rent reduction or refund because of the problems, get this in writing if you can. You can claim for items that are damaged or destroyed because of poor conditions or during repair works.

You can claim if your physical or mental health is affected by the conditions in your home.

The amount depends on how you were affected and for how long.

You can also claim for:

  • loss of earnings if you were unable to work
  • extra expenses such as prescriptions or travel to hospital

Keep sick notes or hospital reports that show how your health has been affected.

You can take legal action to claim compensation during your tenancy or after it ends.

You must have reported the problem to your landlord during your tenancy.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

many thanks,

 

Customer: replied 10 days ago.
Do I apply to the counsel? What is the process? If I am not in the country am I able to submit a proxy?
Customer: replied 10 days ago.
Are you saying I am able to make a claim, although my tenancy has terminated?

Hi,

If you are not in the country, you will have to instruct a lawyer to issue a claim in the county court for you.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks,

Yes you can make a claim although your tenancy has expired.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks,

Customer: replied 10 days ago.
What is the process to submit this claim?

Hi,

You will have to issue a claim in the County Court.

As I have answered your original question, kindly rate the answer and provide feedback.

Your question will not close and I will be happy to answer any follow up questions.

Many thanks

Customer: replied 10 days ago.
That does not answer my question, as I have asked about the process. I am fully aware that the claim gets submitted to the Leicester City Counsel (Court in Leicester). I am asking about the process, as in what documentations would I need or what evidence is required to submit or do I go online to find the documentation to submit the claim - the process.

Hi,

You will need copies of the tenancy agreement, any communication and any pictures.

The aim will then have to be submitted to your local county court

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

Many thanks

chatham-chamber and 3 other Law Specialists are ready to help you
Customer: replied 10 days ago.
To start the claim, would I find the necessary forms on the county court website? I would like to start the process and do whatever I can remotely.

Hi,

The forms are available in the HMCTS Website. The form you need is an N1 Claim Form.

As a Claimant, you will need an address in the UK.

I hope this helps

Customer: replied 10 days ago.
It does, thank you.

It's a pleasure.

Good luck