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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 6795
Experience:  Solicitor
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I am a private tenant, I have a private residential assured

Customer Question

I am a private tenant, I have a private residential assured shorthold tenancy agreement in a furnished flat, directly with the owner.Last week I suffered a kitchen fire whilst I was sleeping, the kettle had bust into flames and set of the Carbon monoxide alarm ! there was quite a lot of damage, when the fire brigade arrived they told me there wasn't a smoke any where, when I challenged my landord he replied that he thought there was one.According to my research, there should have been one here at the beginning of each new tenancy and he should have been here to check it.He refused my several requests at the start of the tenancy to come and visit me so we could draw up an inventory, he declined each as he was far to busy, he lives in Dorset.I need some advice and guidance as what to do next.
Submitted: 1 month ago.
Category: Property Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 1 month ago.

You mean smoke alarm?

Customer: replied 1 month ago.
there was no smoke alarm fitted in the flat
Expert:  Jamie-Law replied 1 month ago.

There should have been. What is it you want to ask me about this?

Customer: replied 1 month ago.
did you not read my original form
Expert:  Jamie-Law replied 1 month ago.

Yes I have. You say you need to some advice and guidance. But you don’t say in relation to what. Do you want to see compensation?

Customer: replied 1 month ago.
I am seeking guidance on what my options are, could i sue for negligence, should go for compensation for the fact i could have died, the kettle issue is being looked by the trading standings officers, there must be a legal path i can take to be compensated for the trauma i have been through simply because my land lord was remiss of his legal duties
Expert:  Jamie-Law replied 1 month ago.

It only really matters if it would have made any difference. If the answer is no, then there is no negligence. If the answer is yes, then you can seek compensation.

You need to write and set out your losses and request compensation 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.

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 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf 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. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
There was no alarm in the flat,if there had have been i would have woken much earlier and been able to deal with, as it happens i was only woken by the carbon monoxide alarm. the damage is being sorted as a good will gesture, his words.
i want to know how much to claim for, forget the items, its the trauma i suffered seeing a kettle in flames and an alarm for a deadly gas going off, this would have been avoided if he had have done, what is a legal responsibility to fit and test an alarm at the start of any new tenancy, i need to know if there is a precedence for this, i need guidance on what i should be looking in the amount of compensation to seek.
Expert:  Jamie-Law replied 1 month ago.

There is no, there is only a guideline for psychological trauma. But for that you need to have suffered a recognised condition,

So you need to get a psychiatric report saying you have a condition and then it is directly related to the incident.

If you can then you can claim. For a one year Injury it would be about £5000

Does that Clarify?

Expert:  Jamie-Law replied 1 month ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the bottom of the screen. Please do not forget as it is an important part of the online process! If you need anything further I am available for a follow up at no extra cost. Thank you.