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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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My daughter is living in a flat. There are four other

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My daughter is living in a flat. There are four other tenants, one small bathroom between 5 and a small kitchen between 5. One of the tenants has bullied my daughter, she has a police number for this. The other tenant has also upset all other tenants and plays music loudly until early hours of the morning and dancing, screaming in the communal hallway. Also the condition of the flat has been awful. My daughter and another tenant have been trying to get all this sorted out, however today the management agency sent a woman around to intimidate them, demanding to know exactly what they want to say to the landlord, they have not been allowed to contact the landlord at all. She left after being rude and nasty. When the boss of the management agency was contacted he basically said that the bully/unreasonable tenant will not be evicted and that maintenance staff have refused to go back in their flat. Maintenance staff actually called my daughter directly a few weeks ago, shouting and threatening her over something someone else had done, not her. So my question is, is there anyway we can prove breach of contract by management agency and landlord to enable at least my daughter and one other tenant to move out.
Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: My daughter and her flat mate have spoken to Kingston University. The local authorities and have actually been told they need counselling by the doctor. The doctor said they can not physically help and wished they could. The uni are supposed to have dealt with the other tenant and her behaviour because she is actually studying nursing whilst declaring she hates humans. The council have said they need to see the flat and conditions of living but haven't made an appointment to do that yet. I'm not sure what paperwork we need to fill out
Assistant: Where is the flat located?
Customer: Kingston upon Thames, Surrey
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: The four tenants sent a document of complaints about the fifth to the management agency about her behaviour etc... This document was signed by all four of them. My daughter has just been told she needs a brain scan. Her headaches are so bad that although the doctor believes it is stress related he now wants to be sure. I am her guarantor. I have spoken to the agency about bullying and the abuse from the maintenance man, but things are actually getting worse. My daughter's emails and messages are being ignored and the other flat mate has been told she won't be getting a meeting with the landlord after becoming upset again this evening. That will leave my daughter alone in a room with people that are either trying to intimidate her or ignore het

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

You are saying its the Management Co fault that another tenants is abusive and playing music loud?

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 5 days ago.
No, I am saying that the management company are aware that the other tenant is abusive, has laid hands on my daughter, stolen from another tenant, had complaints about the noise levels after 11pm until 3am (This happens a lot) and have basically stated that although she is in breach of contract she will not be evicted. This means the noise and intimidation from her continues, my daughter is scared to ask her to turn her music down or to talk to her directly about anything. I am also saying that the Landlord/Management Agencies staff have been abusive towards my daughter and another tenant. When they have tried to tell the Management Agency about this they are made to feel as though they are disbelieved or at fault.
They have been asking since Septemebr 1st for the landlords details. They were told his name finally last week. They still have no way of contacting him, they asked for a meeting after the management agency said they could arrange one. Tonight a woman came round, unannounced, demanding to know what they want to say to the landlord in a meeting. Then accused a tenant of being rude because she said she didn't have time to talk as she was on her way out. The woman then said that the tenant was banned from any meeting and that they would only allow my daughter in alone with the landlord and this woman. So much has gone on beside this, it is difficult to explain. But heating has been an issue, smoke alarms in their flat don't work properly. They told the agency manager this, held a naked flame below the smoke alarm in front if him, it took just over two minutes to set it off. I witnessed them last week. Lots of smoke from the oven and toaster not a peep. I also witnessed the same maintenance man that was abusive and threatening to my daughter be rude and antagonising to another tenant. My daughter is being either abused or ignored, whilst living in a flat that is causing her to have health issues because of the atmosphere and fear of being bullied
Customer: replied 5 days ago.
Sorry have I been charged the £44 for the phone call, that isn't happening?
Customer: replied 5 days ago.
Do you need any other information?

I am just on the train, I can call when I get to a fixed point?

Customer: replied 5 days ago.
Ok thank you
Customer: replied 4 days ago.
Hi Jamie
I have just spoken with your associate Alex. He explained that the management agency is not responsible for a tenants behaviour, they have issued a breach of contract notice and their responsibility ends there, I accept this and fully understand. He said that the abuse etc... from the landlords staff is classed as harassment and my daughter and her flatmate should report it to the police. I asked was it to late to do that now, I think he said they could do it now even though it happened last weekend and a couple of weeks before that, am I understanding that correctly? I explained that I just wanted to know how we are able to get my daughter out of the flat because her contract has a no break clause meaning she cannot leave unless she finds another tenant for her room. She doesn't feel able to do this and her health is suffering. Alex said she can just move out because the contract is not legally binding and that she should sue the landlord for stress and health etc... I have asked him to email this to me as I am not sure I have understood this properly though. Thank you for getting Alex to call me, could you just clarify if my understandings are correct please? Many Thanks Lynn Hemmings

Yes, contracts are not always binding especially if unfair.

You should report the matter to the Police as harassment.

You can also claim compensation

You need to write a letter, set out your losses and request compensation within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not compensate 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.

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. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

 

Customer: replied 4 days ago.
Thank you for your prompt reply. I will advise my daughter to take her contract to the Citizens advice bureau and ask them to look at it.
I will also advise her to report the maintenance man and landlord for harassment.
Fingers crossed she will be able to move out and have her health improve. Would the compensation be for stress etc... The harassment has caused?

Yes harassment is criminal

Customer: replied 4 days ago.
Ok thank you for your help.