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John
John, Solicitor
Category: Law
Satisfied Customers: 1677
Experience:  10 years legal experience
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Need help regarding my housing. My landlord and real estate

Customer Question

Hi need help regarding my housing. My landlord and real estate agency provided unsafe, poor and illegal living conditions. Which resulted in me having to go to hospital and would like take them to court
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: nothing yet
JA: Where is the property located?
Customer: w11 3hl notting hill
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not that i can think of
Submitted: 10 days ago.
Category: Law
Customer: replied 10 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 10 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  John replied 10 days ago.

Hello, how are you? Welcome to JustAnswer. My name is***** am a solicitor and I will be assisting you today. Please note there may be delays in responding as I am away helping other customers but I will get back to you as soon as I can. I may also need to ask you some clarifying questions to determine the legal position.

Customer: replied 10 days ago.
okay thanks John
Customer: replied 10 days ago.
Front door wouldnt open from the inside, No other Fire exits, faulty fire alarms, Mold growing, and buzzer broken
Customer: replied 10 days ago.
I was stuck inside for over 12 hours and couldnt get out, no one came to help been an on going issue since before august'
Customer: replied 10 days ago.
Had to call the police and have a case number
Customer: replied 10 days ago.
i have photos, screenshots and a video
Expert:  John replied 10 days ago.

Hello, thanks for your message and very sorry to hear about this, I hope you are recovering well?

Section 11 of the Landlord and Tenant Act 1985 provides for certain circumstances when a landlord has a duty to repair a property and, when they do not do so, damages or compensation can be recovered by the tenant. The landlord does have a duty to ensure that the home he provides is fit to live in pursuant to the Homes (Fitness for Human Habitation) Act 2018. Fit to live in means that they are safe, healthy and free from things that could cause serious harm. If rented houses and flats are not ‘fit for human habitation’, tenants can take their landlords to court. You can also report the landlord to your local council which you can locate here https://www.gov.uk/find-local-council

If you have problems with the estate agency you should consider reporting the matter to the redress scheme. Every agency should belong to one of two redress schemes. They are The Property Ombudsman https://www.tpos.co.uk/ and The Property Redress Scheme https://www.theprs.co.uk/ To find out which one they belong to, please ask them, or check on their website. You will need to first write a letter of complaint directly to them. If they do not respond or ignore you, I would suggest you escalate the complaint to the redress scheme above. The redress schemes are free and are designed to resolve disputes without the need to go to court.

But if you indeed wanted to take court action against then what you would need to do is write them a formal “Letter Before Action”. In this letter you will need to state the amount you are seeking to recover and the reasons why. You will also need to give them a deadline to raise the payment by, usually it is 14 days in which to receive payment.

If payment is not received within 14 days, then you will need to issue a claim against them in the small claims court. You can do this by visiting this site https://www.gov.uk/make-money-claim

Or you can do it by post by using form N1 which you can find here Form N1: Make a claim against a person or organisation (Claim form CPR Part 7) - GOV.UK and posting it to:

County Court Money Claims Centre

PO Box 527

Salford

Greater Manchester

M5 0BY

I attach a template letter you can use, please feel free to edit and tailor it to your needs.

I hope this helps and wish you well. Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help.

Expert:  John replied 10 days ago.

Hello, just following up on this to ensure you're satisfied with what you need to do. Please let me know if you need me to clarify anything or if you have any additional questions. I am happy to help. All the best, John

Customer: replied 10 days ago.
Thanks John just digesting all the info will get back to you with any questions
Expert:  John replied 10 days ago.

No problem, I am glad I was able to help. Have a great day.

Customer: replied 10 days ago.
For the “Letter Before Action” Is this appliicable for both the agency and the landlord?
Customer: replied 10 days ago.
can I have a lawyer to help me construct this case as I am new to the UK and unfamilar with law process?
Customer: replied 10 days ago.
what are the rates if so
Expert:  John replied 10 days ago.

Yes, but it is primarily for the landlord so if you wish to send one to the agency, you will need to amend it accordingly otherwise it may be easier to just write a new letter for the agency. The duty in law stands with the landlord. Your complaint about the agency should be referred to the redress scheme after who can assist.

If you want a solicitor you can find one here https://solicitors.lawsociety.org.uk/ The rates will depend on who you go with, as each firm is different but you can discuss that with them before instructing them.