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Legal matters

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Original poster

Can I take my old Landlord to the small claims court for this?

37 replies

sillymillyb · 26/11/2013 18:56

I'm just after a bit of advice please! I'll try and be brief, thank you so much for reading! This was a fully managed property by the way, so I have not dealt with the LL at all.

I moved into a flat in April, and before I signed the lease I made the agents double / triple check it would be a long term let as I had a 1 year old but wanted to be in that catchment area for the school later on.

I signed 12 month contract after getting assurances from the LL it was an investment property and he was planning on keeping it until retirement (he is professional LL with many properties apparently)

4 weeks into the let the LL asked if I would increase the rent I was paying to cover having double glazing put in, I said no. 5 weeks in to the let, he gave me notice that he was selling the property and he would be releasing me from the tenancy to leave as soon as I liked (but obviously I could have stayed the full 12 months)

I was gutted, really totally gutted, which is by the by I guess. Anyway, I complained to the agents that I would never have taken on this property had I known that it was not going to be a long term let, and I had indeed checked that explicitly before signing the lease. I asked for the estate agency fee's to be returned to me (£300)

The Agent explained this to the LL and the LL offered to pay half the fee's back to me, if the agency agreed to pay the other half back to me. So £150 each.

Aprox 3 months ago £150 was put into my account. I moved out of the property a month ago. I have been chasing the other £150 with the agency ever since and was told it was on it's way / it had been posted out to me / they were on it.

Last week I chased the £150 again, and was told that the LL had sent an email to the agents saying that he was not going to pay this any more, that he thought releasing me from the tenancy was enough and I should stop asking for the other money.

I'm so cross! I have an email from the esate agency saying the fee's would be returned to me with the LL paying half and and them paying the other half. If I take LL to small claims court, would I stand any chance of recoving this money? I know it isn't loads, but I'm on my own with DS and I've had to move twice in 6 months which is SO expensive. Plus, its kind of the morality of it now of him stringing me along then waiting till I was out of the flat before renegading on the agreement.

Sorry this is so long, is there any thing I can do?

Thank you!!

OP posts:

RenterNomad · 02/12/2013 08:41

Does it follow, though, that the agency undertook for the money to be repaid and must swallow the "cost" of not getting it in writing?

Original poster

sillymillyb · 02/12/2013 08:47

Sorry, I'm not sure I totally understand.

Are you saying that the ea are the ones who I have the agreement with and should be chasing the none payment by the ll themselves?

Thank you so much by the way, I wish this was straight forward. I'm pretty certain someone owes me this money, just not sure who!

OP posts:

RenterNomad · 02/12/2013 12:30

Co-defendants is an idea!

Otherwise, can you get an early Christmas present from someone in your family, of legal advice?

Original poster

sillymillyb · 02/12/2013 15:34

Ill be honest, I'm not even sure what co-defendants mean!

Does it mean they are both liable to pay? Should I call ea and warn them this is what I'm going to do and see if they will settle it without me having to go down the legal route? Up till now they are aware I'm chasing ll for money but I haven't asked them for it....

I've made a mess of this haven't I?!

OP posts:

RenterNomad · 02/12/2013 16:19

I'm sorry, this is beyond my competence.

girlynut · 02/12/2013 17:12

You are not suing for a breach of your tenancy agreement. You are suing for breach of the agreement to pay you a sum to leave early.

Write to both the LL and the agent setting out the facts and that you consider you are still owed the balance. Head the letter "Letter Before Action".

If you've not had a substantial response within 7 days, issue proceedings for the amount plus interest at Money Claim Online. Name the Defendants as "Landlord (1), Agent (2)." This is what co-defendants means - you are suing two persons. You'll need to succinctly set out the offer that was made to you, when you accepted it and that the full payment has not been made.

The court will serve the claim form upon both parties who will then have the opportunity to file a defence. If the claim is defended there is likely to be a hearing so the judge can consider both sides arguments and then make a decision. You can represent yourself (with a Mackenzie Friend) to help you or appoint an advocate.

You have to pay the court fees up front. If you win you may recover them.

Original poster

sillymillyb · 03/12/2013 07:00

Renter you have been brill, thank you for all your help!

Girlynut, thank you. That makes sense to me (a minor miracle at this time of day!)

I hope this is resolved soon, thank you all so much for your help

OP posts:

RenterNomad · 03/12/2013 13:14

Ah, well, I think my "bumping" the thread has been more helpful than my advice!

RenterNomad · 09/12/2013 19:21

How are you getting on?

Original poster

sillymillyb · 09/12/2013 19:43

Hello! Thank you for checking in

I spoke to ea last week who said the ll felt that as I had not moved out as soon as he gave notice that I didn't deserve the fees refunding (it took me 2-3 months to find another flat)

The ea said then said that as a goodwill gesture they would look to refund fees on his behalf.... Then changed their mind because when I rented my new property from them I negotiated a discount on the fees.

So! I sent the letter of action to both parties recorded delivery last week.... They have until a week on thurs to reply..... Will keep you posted! I was really nervous but I'm past that now and am just annoyed by their changing stories. It feels slightly ridiculous the rubbish they are coming out with!

Thank you again for all your help and support, it has been invaluable

OP posts:

Original poster

sillymillyb · 18/12/2013 16:06

I just wanted to say thank you for all your help with this.

The 2 weeks deadline for the letter of action is tomorrow, and I received a letter today from the estate agents saying they would pay the full fees owed.

The landlord wrote to me yesterday saying he had always been planning on selling the flat - as was known by my ea as they had been the ones who had valued it, and that the offer to reimburse my fees had not been accurately communicated to me as it was only a valid offer if I left immediately. They sent same response to ea, saying that they would counter claim against them if this went further and they had to pay costs to me.

So, all in all, it was messy but it worked!!! I'm so pleased its behind me now.

Thank you all again :)

OP posts:

RenterNomad · 18/12/2013 16:09

HAPPY CHRISTMAS!!

Great news. (but what a bunch of shysters) Did they say when they would pay?

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