How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7721
Experience:  Solicitor
96104960
Type Your Property Law Question Here...
Jamie-Law is online now

We recently rented a house for 16 months, for 14 months the

This answer was rated:

Hi, we recently rented a house for 16 months, for 14 months the radiator in the bathroom didn’t work, the land lady kept sending her uncle round to fix it, he would hit it with a hammer and it still didn’t work, eventually she paid a real plumber to look at it and it was up and running in minutes, the extractor fan in bathroom packed up after a few days of us moving in and never got fixed, we suffered a broken window for 14 months, Ill fitting windows for the entire tenancy, leak damage after the uncle tried to fix the radiator.
Also the landlady would turn up often with less than 24 hours notice to attempt to fix various issues with the house, but she would come in long before the “tradesperson” arrived and make herself at home, I know this as I had a cctv camera to keep an eye on her, she would go into rooms not affected by what ever she was there for
Anyway now we have moved on she has given us a £600 bill for cleaning and repairs. Can we counter claim for her inability to manage the property correctly or do we just have to accept her bill?
Thanks
Daniel

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

Was your deposit protected?

Customer: replied 3 months ago.
The deposit is with a deposit holding company and they want to pay her the 600 out of it and 120 odd pound for an exit inventory

Ok - the exit inventory can only be claimed if it was a term of the tenancy.

As for the £600, you can reject this. They would have to show that cleaning and repairs were needed. Indeed for the repairs, they would have to show that any damage went beyond fair wear and tear.
They can not claim for things which are just worn out

But to answer your question, yes, you can counterclaim, You can sue for loss and damage.

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 3 months ago.
Ok, our rent was £2000 per month, how much would you consider a fair amount to be claimed back in relation to the hardship (��) we suffered while living there? £100 per month? It’s only 5% of the rent so I’d consider that fair

Yes, I would agree.

Does that assist?

Customer: replied 3 months ago.
thank you

Great. If I could invite to rate 5 stars before you go today please? Otherwise, the site doesn't credit me for time spent. Thanks in advance.

Jamie-Law and other Property Law Specialists are ready to help you