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Thomas Judge
Thomas Judge, solicitor Advocate
Category: UK Property Law
Satisfied Customers: 32978
Experience:  award winning lawyer with over 15 years experience
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Afternoon I live in Belgravia and pay about £2000 per week

Customer Question

Afternoon I live in Belgravia and pay about £2000 per week to a Jersey Landlord. When I moved in at the beginning of April I found the property had a huge number od severe defects particularly relating to plumbing issues. The heating stays on all the time none of the 3 showers work properly the en-suite toilet didn't flush the water pump set it self going very 10 minutes so it was impossible to sleep at night. I offered a deal to the landlord as I am now being treated for stress by a local GP and my business is suffering massively. The landlord agreed to the early termination but not the 50% rent reduction for the period. I want to start proceeding against them before they start against me. I would want to sue for loss of earnings and stress what are your thoughts?
Submitted: 2 years ago.
Category: UK Property Law
Customer: replied 2 years ago.
Been 30 minutes haven't received a response how long do you think it will take?
Expert:  Thomas Judge replied 2 years ago.
Thanks for your question. Please remember to rate once you get my answer.
I have just been provided with this question - can I help?
What tenancy agreement do you have?
Customer: replied 2 years ago.
12months AST with 6 month break clause
Expert:  Thomas Judge replied 2 years ago.
Have you can tie any claim directly to losses experience at the property then you can bring a claim for compensation. You do need to show to the court that these are direct losses purely attributable to what is happening at the property - thus they can not be too remote. If you can show that then you have a claim for these sums. You can bring the claim in the small claims courts.
Customer: replied 2 years ago.
As the Landlord is Based in Jersey can you still issue in the Small Claims Court. As I have suffered a huge amount of sleep deprivation as a result of the water pump activating itself and pumping water through the system every 10 minutes during the day and night that means I now suffering major anxiety and stress symptoms causing me to resort to sleeping tablets and other medication can I claim for that? Also when they fixed one of the showers nd replaced a toilet last week after 10 weeks of continuous complaints it had the effect of causing the main drains to overflow through the manhole in the garage so last night the whole house tank of effluent. Can I claim for the 3 hours waiting for someone to arrive the cost of eating out because you couldn't eat in that stench and the next 3 hours lost because the workman were not authorised to spend the money required to fix the problem. The other point is as the rent is "£2000 per week and none of the bathrooms were working properly indeed in the main en-suite bathroom nothing worked properly and the Bath and Hand basins still don't is it feasible to force a rent reduction?
Expert:  Thomas Judge replied 2 years ago.
Is her only residence in Jersey?
Customer: replied 2 years ago.
No it's the Landlord in Jersey basically its Coutts Bank. Each property is held in an SPV and this is held in Fai Fat Ltd. How does that help?
Expert:  Thomas Judge replied 2 years ago.
You need to check where the contract states you can sue them - normally there is a jurisdictional clause. The fact that the property is in the UK is normally enough for you to sue in the UK but you will have to consider as to whether you need permission from the Courts as to service outside the jurisdiction (http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06/pd_part06b#2.1) although that is outside the scope of your first question.
Expert:  Thomas Judge replied 2 years ago.
Hi I hope that this answered the question. Please remember to rate.

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