Hi I'm a student in Exeter and I want to sue my landlord. Here's my situation.Sinve I've moved in the landlord have refurbished the kitchen, bathroom and toliet one after another and it all took more than a week to do that. During the time we were more than one week without kithen and bathroom, but the landlord refused to give any compensation. What's more, after the refurbishment for the bathroom the water has kept making noise for at least a month which severly affected our life. And when the noise was making the room cant be live in anymore I moved into a hotel but the landlord still refused to pay for the money.I'm wondering in circumstance like this, is it legal for me to ask the compensation and how much shall I ask ? Thank you
Optional Information: System of Law: England-and-Wales Already Tried: I've asked the landlord for compensationn but they refused.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.What type of tenancy do you have?
Type of tenancy? I'm not quite sure what that means but my tenancy is from last year's Dec till the end of Aug this year, and I've prepaid all the rent at the beggining.
Hi, you there?
Is it an assured shorthold tenancy?
Yeah I think so . I saw that Any new tenancy since 28th February 1997 is automatically an assured shorthold tenancy and students lets are usually shorthold tenancy.
Yes you are entitled to claim compensation.The property has to have working toilet facilities. If not he is in breach of the Landlord & Tenant Act.Further, there was noise and you had to move out.What you can claim is the cost of the hotels and a nominal amount for loss of amenity and pleasure. I would say 50% of the rent for that period itself.You should write to the Landlord and outline your claim and demand payment within 14 days.If the Landlord refuses then you can issue proceedings in the small claims Court.You can do this online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.If the claim is below £5000 it will be a small claim and you wont need a Solicitor.You will be surprised how quick matters are resolved once proceedings are issued. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Experience: Called to the Bar in 2007
Thank you very much I'm very satisfied with the answerJust one more question, Before I move in I havent been informed that there will be a construction site less ten 15 meters to me, and they started 7:30 till 18:00 everyday and it kept for 8 months. SO the room is basically can not be stayed in during day timeIs it legal for me to ask compensation for the noise thing as well? If so , how much should it be?
For for outside the Landlords control or building - no........ Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
I'm just following up with you to see how everything is going. Did my answer help?UK-Justice
Hi, yeah.. I wrote a letter to the landlord and told him I've had legal service and this is how he should compensate me. But he denied everything and refused to compensate with the reason that" Ive refurnished your flat and now you have new kitchen and bathroom you're enjoying the facility for free," completely regardless of the four weeks when we were out of kitchen and bothroom. I'm wondering what is the best way for me to reponse to the landlord?
Then you can threaten to issue proceedings.......... Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
About that proceeding, do i need to provide any evidence and how long approximately will it take?
Yes you will need to provide evidenceIf contested a hearing would be 6 months away. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. The question does not close and you can ask follow ups. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist