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I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.
thank you. May I confirm that you have also checked with the other two deposit protection services please? you can find all three services at the link below:
Approximately how long were you without a working boiler please?
thank you. Based upon what you describe, you will be able to claim the deposit back and also in about between one and three times the amount of the deposit as compensation. A court has discretion as regards ***** ***** to award but must award an amount in compensation between one and three times the amount of the deposit.
In regards ***** ***** the landlord has a statutory obligation under section 11 landlord and tenant act maintained among other things the boiler and heating system. From what you describe, the landlord took circa two months or more to repair the system and that would amount to a breach of contract during which time you can claim damages for loss of amenity by way of a rent reduction.
You can consider issuing proceedings against the landlord in the County Court. initially, need to make a claim in writing against the landlord which you can do either directly or via the agents setting out the amount you claim warning that you will be issuing proceedings in the County Court if you are unable to reach agreement. If you are not able to reach settlement, you can issue proceedings in the County Court and the simplest way to do so is by using the following link. You can also claim court fees and interest at 8% per year:
may I clarify, do you mean complain and claim directly against the agency rather than the landlord?
from your point of view I cannot see that would be possible. The agents actions bind the landlord and therefore you can effectively regards ***** ***** as if they are the landlord as their actions are legally directly on behalf of the landlord. However, you should not be unduly concerned in regards ***** ***** landlord in this respect because if the landlord can demonstrate that the issues you have experienced the results of the agents negligence, then the landlord could seek a complaint or claim against the agent for any damages he ultimately has to pay to you as tenants so if he is not at fault, then he need not be out of pocket
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it is a common misunderstanding among lettings agents, indeed so common that I suspect in at least some cases, it may be a deliberate misunderstanding as it suits them that there is no requirement to give notice to end the tenancy in order for the tenant to leave on or before the end date given in the fixed term. Agents will often point a tenant to a provision in the tenancy agreement that states you must give two months notice to end the tenancy but this ignores the point that the tenancy expires on the last day of the fixed term and providing the tenant has moved out on or before that date, the tenancy ends automatically without any need to give a written notice.
The position is different if the tenant remains in occupation after the last day of the tenancy because if that happens, the housing act intervenes and creates what is known as a statutory periodic tenancy which runs month to month. To end a statutory periodic tenancy, the tenant must give one months written notice and the notice can only come to an end on the day before rent is payable because a statutory periodic tenancy cannot end partway through a rent.
Accordingly, if you wish to leave on or before the last day of the tenancy, you can submit do so without notice but if you wish to leave after the end of the fixed term, you will need to ensure that you serve a written notice and give at least one clear months notice which must only end the day before rent is payable
it is not at all relevant for the precise reason we discussed above that providing you leave on or before the last day of the fixed tenancy period, the tenancy agreement comes to an end - that is what the fixed period of the contract is it is the term of the contract. If you stay after the last day of the term of the contract, the above rules apply instead.
I can't see any reason you would need a solicitor and it would likely be uneconomic to retain one
I would suggest you consider a claim, for 30-40% rent reduction for the period you were without heating and hot water, a slightly lesser amount for the period of water leak, and for your deposit less any damage you may accept that you caused on check out.
Simplest to deal with the whole matter as a county court claim rather than part county court part deposit dispute with the protection scheme most likely:
Would be small claims so easy to undertake yourself
there is no specific need to wait for the agency to provide certificates of protection in respect of the deposit if you believe that the deposit has not been protected. You can relatively easily establish the position yourself by carrying out online searches using links to the three protection companies that can be reached from the above link and base any claim upon the results of those searches
There is no need to sign the inventory in order to bind you to it. They would ideally need to show that it was sent to you allowing you an opportunity to comment. If they could then silence in your part following receipt could amount to implied acceptance though it would be for a judge to decide what degree of inference he draws in this respect
Many thanks for the above. Under £10k will almost always be heard in the small claims court where neither party can claim legal costs at least of any substance. If you elect to seek damages in the county court, as you suggest, you would first need to issue a letter before action giving the landlord an opportunity to settle the matter and warning the landlord of your intention to issue proceedings in the county court if they do not. You should ideally give 14 days notice before issuing proceedings