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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18371
Experience:  Solicitor
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I took possession of a rented flat and it was filthy. The

Customer Question

i took possession of a rented flat and it was filthy. The agents forgot to have it cleaned and sent a cleaner after I complained. Do I have recourse for compensation as I was not able to move in and am standing in the hall with all my possessions whilst the cleaner cleans the flat.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Signed a lease, gave deposit, fully complied for my end of the agreement. I am still standing in the hall waiting to be able to move into my new flat. Is there anything I can do?
JA: Where is the flat located?
Customer: Dalston, London
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Clearly this is unacceptable that the flat was filthy and I'm waiting now after complaining to the agents - to actually get into the flat. The check in occurred earlier today and the check in clerk noted down the state of the property. Also, there is damage to the walls which was supposed to be fixed before I moved in and it wasnt.
Submitted: 9 days ago.
Category: Law
Expert:  Jamie-Law replied 9 days ago.

Hello, my name is ***** ***** I will help you. I am just reviewing your question. Hopefully, we can get this resolved quickly.

Expert:  Jamie-Law replied 9 days ago.

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 9 days ago.
thank you for your clear response. I am not clear, however, as to whether I have a claim here? Is the managing agent (who is acting for the landlord) in breach of contract? How do I calculate the compensation for my time and my partners time hanging around in the hall - with all our possessions piled on the balcony and around us - whilst we wait for the cleaner to finish? and am i entitled to pursue compensation?
Customer: replied 9 days ago.
Hello - Just wondering if you are going to respond to my question?
Expert:  Jamie-Law replied 9 days ago.

Yes, you have a claim.

Its the landlord who is breach as that is who your contract is with.

I don't think you can claim more than £15,000 or so in damages

Does that assist?