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  • FIRST POST
    • twilight_groove
    • By twilight_groove 16th Jun 17, 8:38 AM
    • 3Posts
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    twilight_groove
    Letting agency with holding compensation for flooding
    • #1
    • 16th Jun 17, 8:38 AM
    Letting agency with holding compensation for flooding 16th Jun 17 at 8:38 AM
    Hi,

    I'm hoping someone can help me. I had a flood in my rented bungalow before Christmas. Since then I have had to move out the property as the insurance company ripped out the bathroom. They offered me compensation whilst I was out the property so that my family had somewhere to stay whilst the house was inhabitable, I still continued to pay rent.
    It has been 10 weeks since I left the property, the letting agency have only passed on 6 weeks worth of money. So I am massively out of pocket and have used all my savings and wages. I now have to battle with the letting agency to release the compensation to me as it was paid directly to them. Does anyone know what my rights are in this situation? I am struggling now to provide for my young family and don't know what to do. When I speak to the letting agency they tell me that they have released the money into my account but there is no sign of it.
    Please help.
Page 1
    • agrinnall
    • By agrinnall 16th Jun 17, 8:44 AM
    • 18,541 Posts
    • 14,267 Thanks
    agrinnall
    • #2
    • 16th Jun 17, 8:44 AM
    • #2
    • 16th Jun 17, 8:44 AM
    It's the Landlord who is responsible, contact them directly, they can either instruct the Letting Agency to pay you or if they don't you can sue the LL yourself.
    • twilight_groove
    • By twilight_groove 16th Jun 17, 9:03 AM
    • 3 Posts
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    twilight_groove
    • #3
    • 16th Jun 17, 9:03 AM
    • #3
    • 16th Jun 17, 9:03 AM
    My Landlord lives in New Zealand and I don't have any of his contact details :-( The letting agency won't give them to me, I've asked.
    • SerialRenter
    • By SerialRenter 16th Jun 17, 9:08 AM
    • 578 Posts
    • 584 Thanks
    SerialRenter
    • #4
    • 16th Jun 17, 9:08 AM
    • #4
    • 16th Jun 17, 9:08 AM
    My Landlord lives in New Zealand and I don't have any of his contact details :-( The letting agency won't give them to me, I've asked.
    Originally posted by twilight_groove
    You'll need to send them a letter quoting Section one of the Landlord & Tenant Act 1985. You have a right to know their address, and they must provide it to you within 21 days of you asking.

    Have a read of this, which outlines your rights and what you can do:
    http://www.landlordlawblog.co.uk/2014/05/29/a-tenants-right-to-know-his-landlords-address/
    *Assuming you're in England or Wales.
    • Guest101
    • By Guest101 16th Jun 17, 9:58 AM
    • 15,128 Posts
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    Guest101
    • #5
    • 16th Jun 17, 9:58 AM
    • #5
    • 16th Jun 17, 9:58 AM
    If you continued to pay rent on this place, were you also paying somewhere else?
    • twilight_groove
    • By twilight_groove 16th Jun 17, 10:31 AM
    • 3 Posts
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    twilight_groove
    • #6
    • 16th Jun 17, 10:31 AM
    • #6
    • 16th Jun 17, 10:31 AM
    I have continued to pay rent on the property and have had to pay for hotels/b&b to stay in too.
    • Guest101
    • By Guest101 16th Jun 17, 10:36 AM
    • 15,128 Posts
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    Guest101
    • #7
    • 16th Jun 17, 10:36 AM
    • #7
    • 16th Jun 17, 10:36 AM
    I have continued to pay rent on the property and have had to pay for hotels/b&b to stay in too.
    Originally posted by twilight_groove


    Why? - so frustrating when no-one seems to have basic understanding.


    Your LL was responsible for rehousing you during this time.


    Anyway, it's letter before action time, followed by court and a charge on the property - if they aren't playing ball.
    • Pixie5740
    • By Pixie5740 16th Jun 17, 10:37 AM
    • 11,103 Posts
    • 15,377 Thanks
    Pixie5740
    • #8
    • 16th Jun 17, 10:37 AM
    • #8
    • 16th Jun 17, 10:37 AM
    What about asking your landlord to suspend rent payments whilst you cannot live in the property or for a mutual surrender of the tenancy which would allow you to find somewhere else to live?

    http://england.shelter.org.uk/housing_advice/repairs/housing_help_if_your_home_is_flooded

    Perhaps you could also contact Shelter for advice 0808 800 4444
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Pixie5740
    • By Pixie5740 16th Jun 17, 10:38 AM
    • 11,103 Posts
    • 15,377 Thanks
    Pixie5740
    • #9
    • 16th Jun 17, 10:38 AM
    • #9
    • 16th Jun 17, 10:38 AM
    Why? - so frustrating when no-one seems to have basic understanding.


    Your LL was responsible for rehousing you during this time.
    Originally posted by Guest101
    Not according to Shelter.
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • Guest101
    • By Guest101 16th Jun 17, 10:42 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    Not according to Shelter.
    Originally posted by Pixie5740


    Terrible article, uses the word 'may' far too often, but the simple version is:


    1: LL accepts rent, contract not frustrated, expected to carry on - LL responsible to rehouse
    2: Rent stops temporarily, contract continues, expected to carry on, LL not responsible
    3: contract frustrated and void.
    • saajan_12
    • By saajan_12 16th Jun 17, 1:34 PM
    • 955 Posts
    • 649 Thanks
    saajan_12
    Rather than argue rehousing responsibilities, sounds like the LL/LA have agreed to the compensation.

    1. How much have they agreed to pay?
    2. Do you have this in writing? If not, email them to confirm how much compensation was due.
    3. Ask what amounts and dates the LA think they have paid.
    4. Ask your bank to check for the missing payments.
    5. Ask the LA for the payment confirmations for the missing payments.
    6. If above doesn't work, write a formal letter to the LA stating you haven't received £x that they had agreed to pay you, and ask for it to be paid within 10 working days.
    7. If the above doesn't work, file a Money Claim Online to sue for the money. Note this will incur a filing fee so make sure you double check before doing this. It should be covered by the LA if you win, but lawyer costs wouldn't be covered.
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