Help from the other side.

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    #31
    Correct. Actual loss is zero. Punitive damages will probably be nominal (or more likely not exist at all because the OP doesn't seem bothered).

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      #32
      There are a number of ways of calculating "loss".

      One of them is what value would have been fair if the parties had actually negotiated and agreed the same result.
      So how much would the landlord have had to pay the tenant to void the contract?
      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).

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        #33
        I saw the title of this thread and thought it was about help for Landlords or Tenants from the spirit world. I must confess I am disappointed.
        Unshackled by the chains of idle vanity, A modest manatee, that's me

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          #34
          Don't assume some of us aren't dead...
          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).

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            #35
            Haha......

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              #36
              Originally posted by mattl View Post
              Actual loss is zero.
              Any day that access is prevented incurs a loss of at least the daily rent rate.

              Originally posted by mattl View Post
              Punitive damages will probably be nominal
              A good solicitor would probably be able to extract a few grands...

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                #37
                Originally posted by jjlandlord View Post
                Any day that access is prevented incurs a loss of at least the daily rent rate.



                A good solicitor would probably be able to extract a few grands...
                Indeed

                Housing Act 1988 ss27 and 28 etc etc...
                Housing Act 1988 s27 creates a cause of action in tort against a landlord where the landlord, or anyone acting on his or her behalf, ‘unlawfully deprives the residential occupier of any premises of his occupation of the whole or the part of the premises’ (s27(1)). The tort also applies where a residential occupier gives up occupation of premises as a result of conduct falling short of an actual eviction (see s27(2)).
                http://www.legislation.gov.uk/ukpga/...t/I/chapter/IV

                Civil cases awarding £10ks are on record...

                Step carefully for you may be stepping on your wallet.

                Cheers!
                I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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                  #38
                  The OP said he will move in unless he is compensated. He isn't going to get compensated by this LL now IMHO, so he should move in, is the point I was making. Yes, he might have a civil claim but, on the information provided, I think he has a slim chance.

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                    #39
                    elniinio,

                    How wrong you were

                    A fair settlement has been offered without the need of a solicitor, so Im happy enough and will walk away and let the sale go through.

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                      #40
                      How much did you accept?

                      pm
                      Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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                        #41
                        Originally posted by Snoozer View Post
                        Ram, you just seem to like the sound of your own voice.

                        You dont have to try to appear like you some sort of legal commando. The bit where you were saying " you are not me " made me laugh. You must have a high opinion of yourself. I bet your one of those people that describe yourself as not suffering fools. Bless

                        Thanks for your input, but maybe step away from the keyboard. This isn't about you and your shortcomings.
                        ram - apparently you need help? Maybe you are beyond help? ;-) often, posts reveal more about the author.

                        pm
                        Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

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                          #42
                          Certainly beyond help, but at least I don't "reluctantly" give tenancy start dates.

                          Nope ! can't see anything wrong with the advice I gave, which was ,
                          there is NOTHING the landlady can do to you, as you hold the trump card "illegal eviction" she ends up in jail, or just get your money back.

                          He got his money back, a settlement of compensation, therefore my advice was right !
                          In his position I would have taken my advice and said, go to jail, And be fined a substantial amount or compensate me.
                          He has been compensated -- job done, I'm happy I could help.

                          P.S. I will certainly keep away from the keyboard when seeing the O.P. on here again, and will not be the first one to give the correct answer to his question. ( Post number 6 )
                          Last edited by ram; 11-11-2014, 23:21 PM. Reason: P.S. ADDED

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                            #43
                            You can not stay away ram. You have a pm to help you. But, I bet you have to reply to this post.

                            Absolutely PSLM :-)

                            pm
                            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                            Comment


                              #44
                              No reply needed, or expected.

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