Alex Watts :
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts :
In short its for 12 months and you wanted 6? Was it changed AFTER you had signed it please?
JACUSTOMER-6zxhganr- : The tenancy agreement was filled out by me for 6 months and signed by me so it was the scanned version that was altered in the Basingstoke office. I had taken original to the local letting agent in Torquay earlier that day. After it was altered in Basingstoke it was scanned again and sent to second tenant who was already in Torquay. No permission was given by me to alter the agreement.
Alex Watts : Do you know who changed it whether it was the agent or the tenant that changed it?
JACUSTOMER-6zxhganr- : It was the agent who changed the date in front of the tenant. He phoned someone in the administration team in head office who gave the okay for this.
JACUSTOMER-6zxhganr- : My tenant has provided me with a letter stating this is what happened.
JACUSTOMER-6zxhganr- : The agent altered the date in front of the tenant, who has given me written confirmation of this.
Alex Watts : Ok. What is it you want to achieve please?
JACUSTOMER-6zxhganr- : I want to know if I can claim losses from letting agent as have paid out already for cancelling a holiday booking and also distress at being placed with a tenant that may not agree to move before December which may also jeopardise a potential sale of the property as now have tenants until December which was not the agreement when I placed the flat with the agents.
Alex Watts : What would your losses be? I assume you didn't actually need to cancel your holiday as you could have still gone?
JACUSTOMER-6zxhganr- : I think you misunderstand me the flat was only to be let for 6 months from Dec to June , thereafter I had holiday makers booked in, to the flat so had to cancel the booking and pay holiday letting agent which advertises the flat a termination fee as the intention was to summer let the flat. My losses would be the usual holiday rental tariffs during high season, particularly July and August. The point is the agent acted dishonestly and because of this I have had to let other people down and want to know if I have a case against the letting agent to claim for such losses.
Alex Watts : How much have you lost In income? How much will you get in rental income?
JACUSTOMER-6zxhganr- : Rental income is £450 per month Holliday let for July / August is £400 per week.
Alex Watts : How much are your losses in total? Bearing in mind it would be actual bookings not theioretical.
JACUSTOMER-6zxhganr- : £500 in total so far. However I would like some compensation for the fact this has caused great worry and distress, as won't be able to sell my house with a sitting tenant. And the agents acted fraudulently.
Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund 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 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : 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.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-6zxhganr- : That is very helpful but should like to know exactly who I make the claim against. This is a national chain, of estate agents/ letting agents. My agreement was with the local office in Torquay but the administration and finances are dealt with, I believe in their head office in Colchester. The actual tenancy agreement was altered in the Basingstoke branch.
Alex Watts : You need to sue the head office address.
Alex Watts : Does that help?
JACUSTOMER-6zxhganr- : Just one more thing, if I need to make a claim, can I do it in my local county court.
Alex Watts : Yes that's fine.
Alex Watts : If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Alex Watts :
Can I clarify anything for you about this today please?
JACUSTOMER-6zxhganr- : Thanks for your help so far but do I have to name an individual on my claim or is it sufficient to name the company.