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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14219
Experience:  Senior Associate Solicitor
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I have moved out of my rented house and have had lots of

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I have moved out of my rented house and have had lots of problems with the landlord in the past including, no working heating for over a year. No working cooker for 4 months.I held back a month payment when I left which they taking out of my deposit held by government deposit. Plus some extra fees. If I accept the refund, can I still seek legal action against the landlord and also the agent due to the problems I had?

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Yes you can accept it but you should insist the refund does not affect your rights to claim further damages within the 6 year limitation period - you do not want to compromise your further compensation claim by accepting a refund for monies already paid. So, yes, write to them and tell them you accept but this is "without prejudice" to any further claims you may decide to make in future.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
we can still claim back the fact they charged us for changing lock even though we handed back keys? Also if we do take further action how do we Put the cost of not having an oven or heating in £ claims? Is this processed through small claims court?

Yes, you can do so - the small claims court will deal with your claim, you can issue one at http://www.moneyclaim.gov.uk though you should send the landlord a letter before action first to avoid litigation. If you had no heating then the claim is based on breach of Sections 11 to 16 of the Landlord and Tenant Act 1985.

Customer: replied 1 year ago.
That’s great but when I do the small claims court what do I put as an amount and how do I justify the cost of not having working heating and also no working cooker for 4 months? Want to make sure I get this right

You should claim the rent back for 4 months - the heating is an essential term to the contract meaning you could have terminated it back then. You would need to send a letter to set out the figure you want, give them 30 days to pay and avoid a claim at court - if they refuse then issue the claim. You can threaten to report them to the housing department at the council (who gives a landlord a licence to rent assuming they ensure the properties in a good state of repair)

Customer: replied 1 year ago.
could I say I’m going to claim 4 months in court or will accept a certain amount out of court? Is this the same principle with a working cooker. Do I need to copy the agent in on this as well? Sorry for all the questions

It's up to you what you claim, but this is breach of contract, so in theory you should claim your rent for the time you were without heating. If they protected the deposit then you need your deposit back too (if it was unprotected, you can sue for 3 times the deposit sum). You can copy the agent in, yes but if you have now moved out, just the landlord is fine - the claim is against the landlord and not the agent