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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 26796
Experience:  Senior Partner at Berkson Wallace
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I had no Hiv box to control my heating for a month and no

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I had no Hiv box to control my heating for a month and no hot water for a month can I claim compensation
JA: The Lawyer can help you determine if you have a case. Where are you located? These laws vary by location.
Customer: wa3 6th
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We had just moved in £1,200 rent, they did eventually sort it out but took a month Alos two sheds were included in contract, then after we moved in they said they were no longer included and would not be fixed.

Hello. My name is***** you for the question.

It is my pleasure to assist you today.

I have been in the legal profession, in High Street practice, for almost 30 years so I have wide range of experience in a great many different aspects of law.

Please bear with me and I will be online and off-line from time to time and therefore, may be delayed getting back to you.

Although I am shown as online, I may be dealing with other people, on the telephone, or typing.

Please be assured that you will receive an email once I have written a reply.

Just Answer is not a chat service, it’s an email reply board and therefore sometimes it will be minutes, sometimes it may be longer, even hours or overnight.

I apologise in advance if you suffer a delay.

Kind regards.

How long were you without heating and hot water in total?

were you expecting to use these sheds?

and is it in contract?

Customer: replied 13 days ago.
29 days without a control box for heating. 35 days before they fixed the hot water
We said in email before we moved in the alarm and sheds were important to us, are they included? Answer was yes. In emails they said someone would come and fix them, then later they said they wouldn't be fixed.
Contract says we must set alarm when property is empty
Customer: replied 13 days ago.
What do I get for £44 please?
Customer: replied 13 days ago.
The contract is standard , they are mentioned as good condition in the inventory . On emails the agent said the sheds and alarm would be fixed

You are entitled to compensation because with no hot water, the property is unfit for human habitation and the landlord is not only in breach of covenant to repair under the terms of the tenancy is also in breach of section 11 of the Landlord & Tenant Act 1985.

The same applies to the sheds in that you are renting them and you were unlawfully excluded.

You have probably seen a pop-up offering you the chance of a telephone call at an extra cost. It is up to you whether you have a telephone call or not but do bear in mind that a 15-30 minute telephone call covers an awful lot of ground and you can get an awful lot of information in that time. So you can ignore it or go ahead or go ahead later. It’s your choice.

Meanwhile, we can carry on on here.

It would be worthwhile seeing if you can get a local solicitor to deal with this because you may be eligible for legal aid.

You might need to ring round an awful lot of solicitors but you can search by postcode and specialism on the Law Society website www.lawsociety.org.uk find a solicitor link which is at the top left hand corner of the page.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 13 days ago.
Thanks everso much, very helpful. I want to leave the property, the contract says I need to pay (about £1,000) could I claim that much compensation? Or could I claim they breached the contract already so I am not liable to pay the fees to leave?
Customer: replied 13 days ago.
We had two showers so does that still count as unfit fit habitation? We certainly were not getting what we paid for. We used kettles and electric heaters, so we were not suffering but it cost us quite a lot extra on our heating bill.
Have you got any idea how much compendium we might get?
Customer: replied 13 days ago.
Sorry about predictive

Please don’t apologise. Sometimes technology is better than we are :-)

Potentially you could get more compensation from that so my suggestion would be to tell the landlord exactly what I’ve told you in the if you let you go you will walk away from it but if he pursues you for the rent, you will town to claim in respect of his various breaches and you expect the counterclaim to be 2 or 3 times more than what he is claiming.

Customer: replied 13 days ago.
thanks again. they seem determined to stand their ground, threatening to not find a new tenant so I'd have to pay rent, although a prospective new tenant viewed today and like the house. If I pay what they ask and leave so the new tenant is in, then my contract has ended and they cant threaten me any more. Do you think I stand a good chance of getting more than £1,000 compensation if I went to the small claims court then?

Keep the messages where they say the they have no intention of trying to find a new tenant because that would defend any court proceedings because they are under a duty to mitigate their loss.

The same applies if they have a tenant view the property and they just reject it out of hand.

I can never guarantee the outcome if anything goes to court and I’m not in the habit of giving people good news if the news is bad. In your particular case, I’m pleased to tell you that I think you have a reasonable chance of success. If It was a no-hoper, I would tell you now. Fortunately, I don’t think it is and I do think it’s worth going for.

I emphasise once again, I can’t guarantee the outcome.

Thank you for letting me assist you with your legal question. I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart

Customer: replied 13 days ago.
Vety much appreciated, thank you

Thank you. I’m glad to help.

If you don’t have any further questions, I will mark this question thread as complete for now, but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

By the way, if you would like to ask me a new question in the future, (not just clarification on this thread, then please just type @ (the at sign) followed by my name and you’ll be able to select my username to tag me in the question.

If you like, you can also put “For Stuart J only” in the question thread and then the other experts will know that it’s for me.

You can also tag me as one of your favourite experts.

Thank you

Kind regards.

Stuart

Stuart J and other Property Law Specialists are ready to help you
Customer: replied 13 days ago.
Last thing, do you think (with no guarantees I understand) I could try this myself through the small claims court or would it be much better to find and pay a solicitor?

Absolutely DIY. That’s one of the reasons the Small Claims Court exists.

You will not recover solicitors costs apart from about hundred pounds so that is not worth doing. That was why the Small Claims Court was introduced, to discourage people using heavyweight lawyers.

Customer: replied 13 days ago.
Thanks again, I'll get everything together when I have more time, then could I call you and chat please

No problem. Just post another question up with my name, as I said earlier, when you are ready, and I will deal with it for you. I am online most days although only sporadically during annual leave and weekends. But nonetheless I do touch the website every day just in case someone is waiting.