Taking LL to small claims, but can I add to the claim for other issues.

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    Taking LL to small claims, but can I add to the claim for other issues.

    Dear Forum,

    Long story short, I have tried to recover deposit and damages from my LL for a number of years, and have another hopefully final court hearing.

    At the last hearing, a Judge explained that the fact that there was no Gas Certficate does not warrant any loss of money, but I explained the boiler was always going out due to problems with either the gas or water pressure. My rent included all my bills, so if I'm not able to get heating or hot water, which I pay for in my rent, then clearly this is a loss, but can I make a claim for this at the next hearing.

    I have also thankfully using google earth got a great old picture of my front garden, which shows that halve of it being used to make way for a new cycle path, as the LL had sold part of the front garden, but didnt tell me this until 4 months into my tenancy, so I had JCB etc in the garden, no secure gates to keep my young son away from the road.

    The LL have still not returned my deposit and caused no end of problems for me at the property, but claim that they repaired all issues when they were made aware of them, but they only visited the property once.

    If I can add my losses for no garden and no heating / hot water for which I paid in my rent prior to the next hearing that would be great.

    Any advice would be welcome.

    #2
    Forgive me for asking

    Are you posting for lorihoney http://www.landlordzone.co.uk/forums...7043-lorihoney

    Or yourself as rugbyroom !
    Thunderbirds are go

    Comment


      #3
      Replying for myself, Lori was a friend I was trying to help. Thanks

      Comment


        #4
        Originally posted by rugbyroom View Post

        If I can add my losses for no garden and no heating / hot water for which I paid in my rent prior to the next hearing that would be great.
        How much are you proposing for each issue?
        "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

        What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

        Comment


          #5
          Originally posted by Wannadonnadoodah View Post
          How much are you proposing for each issue?
          I feel that £250 for each issue over the 14 month term is fair. I rented the property as it had a large garden to play in, but I couldnt let my son play un-supervised, as for the boiler each week it would go out 1 or 2 times, with the first time it happened, I couldnt get access to the boiler as it was in a building attached to the house with a large padlock on it, which I was forced to cut.

          The picture if it attaches will show how the garden was for months, with dangerous spikes left in the ground after the developers erected a new fence.

          house front garden.jpg

          Comment


            #6
            Is that one house? Did you rent the whole property?
            "I'm afraid I didn't do enough background checks apart from checking her identity on Facebook" - ANON

            What I say is based on my own experience and research - Please don't take as gospel without first checking the gospel yourself.

            Comment


              #7
              LL prob had no option other than sell a strip of land to Council for cycle path (CPO?), hardly a significant loss of garden amenity. The back garden would be suffient and safer for most Ts with kids.
              Did you report bioler problems to LL in writing when they occurred, or just wait until property was inspected?
              LL has no duty to repair until reported in writing.
              Did you ask for key to padlock or just cut it off without permission?
              Are you suing LL for just return of deposit and/or deposit non -protection?
              I fail to see why Judge could not have ruled at last hearing.

              Comment


                #8
                Originally posted by mariner View Post
                LL prob had no option other than sell a strip of land to Council for cycle path (CPO?), hardly a significant loss of garden amenity. The back garden would be suffient and safer for most Ts with kids.
                Yes back garden would be safer, but tell a 4 year old child not to go to play in front garden as there is no gate to use before the main road. CPO was done prior to my renting of the property but never mentioned to me, I was shown a property with a front garden which was then out of use, my back garden was also out of use for months due to a trench being dug to lay new gas / water pipes, but never filled in correctly.

                Originally posted by mariner View Post
                Did you report bioler problems to LL in writing when they occurred, or just wait until property was inspected?
                Boiler issue was reported in writing, in person and by the phone. The boiler would switch off each time developer turned off water / gas supply or even if it was a windy day, would cause boiler to go out.
                LL has no duty to repair until reported in writing.

                Originally posted by mariner View Post
                Did you ask for key to padlock or just cut it off without permission?
                Cut off without permission as phone calls by myself and letting agency were never answered / returned for a number of days. The LL never gave me a key to the boiler so only action was to cut padlock to gain access to boiler controls.

                Originally posted by mariner View Post
                Are you suing LL for just return of deposit and/or deposit non -protection?
                Suing for just return of deposit as left the property a number of years ago. Deposit never protected and still not returned even after numerous requests and previous court hearing.

                I made my claim on MCOL, sent details to the LL address on tenancy which is a hospital trust. They didnt repsond within 14 days so I was awared the money. They appealed claiming that the person who was dealing with it had left the company, so I was informed that it would have to go to a hearing, even though I pointed out that the person who was dealing with it, still works for the company, who have their own legal department, but couldn't even put a tick in a box.

                Its taken almost a year to get another hearing due to court errors, but still no mention of my deposit return.

                The LL only visited the property once in 14 months, they didnt care about me nor even about there money, as all my rent was paid to letting agency who had no bank details for LL until after I left.

                Comment


                  #9
                  I don't know if you can add further claims to a case you've already won, on appeal.
                  If you can, claim away - can't do any harm.

                  Losing hot water because a contractor cut the power or water is normal, and I don't see that as the landlord's problem.
                  It would have been the same had it been your own property - that's not something you can repair.
                  You paid for power and water, not hot water, the supply of which was being interrupted for legitimate reasons.
                  But that's just my opinion.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                  Comment


                    #10
                    Thanks for your comments, but I paid rent to include all bills, gas / water (hot and cold) electricity etc.

                    If it was a one off that wouldnt be an issue, but the boiler would go out once or twice a week for 14 months at different times of the day. I'd wake up in a cold house with no hot water, which I felt that I should be getting as my rent meant to include all the bills. The property had no Gas Safety Cert nor was it maintained, with the exception of the water system being flushed through as there was dirt in the water, and a plumber telling me that he cant control the wind as the boiler flu was totally exposed.

                    I may have won via MCOL but will wait and see where I go at Court, but still dont think I can get my deposit back and will continue to get the run around.

                    Regards

                    Comment


                      #11
                      I'll bet you a (real) fiver that your rent didn't include hot water.
                      It might have included water bills, or all utilities, but hot water is not a utility.

                      The lack of a gas safety certificate is something you should report (or should have reported) the Health and Safety executive,
                      who might have written a strong letter to the landlord.
                      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                      Comment


                        #12
                        Reported lack of Gas cert, but Health and Safety executive not interested as I left the property.

                        Comment

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