Taking Landlord to small claims advice please

Dippity_2

Hi Guys. I need advice on best place to get template letters to ensure wording is correct and legally water-tight please. Scenario: privately renting (Wales) on an assured shorthold tenancy and have been given notice that landlady wants property back at end of initial 6 month fixed period. had this checked out by Shelter and it's pucker, can't do diddly squat about it. However, there are issues I can do something about and now I have to leave, well, I have nothing to lose.
Firstly, Landlady's builders plugged their extension into the dining room socket for 8 hrs a day for 12 weeks to power cement mixer,grinder,drill,etc and LL refuses to cough up (#1)
Secondly, I wasn't notified about the major building works that were commenced days before I moved in, with my family - including 5 week old baby - property was empty for months and there was adequate time for works to be done between us viewing and moving in. This caused disruption( ever tried to breastfeed with a builder by the window?), noise, dirt, etc etc and we were unable to use gardens and drive for this time, even to hang washing out, which in turn meant using tumble dryer for everything, including cloth nappies.(#2)
Garden has been left unfinished so I complained to Environmental Health that it was unsafe. They came, inspected and agreed and have sent notice to LL to inform and instruct works that need to be carried out, so we haven't been able to use garden, again even to hang washing out for the duration of tenancy, which will be 6 months when we leave at end of Feb.(#3)
LL has turned up out of the blue - 5pm on a Sunday, for example, even though they live 2hrs away - to inspect progress of building works. I am advised by Shelter that this is harrassment.(#4)
LL has used their key to gain access to the rear of property to inspect progress, take photos and drop building materials off, whilst we've all been out, without notice, and told us afterwards - ever felt violated? I have txt message and photo evidence to support this, again Shelter have advised that this is trespass.(#5)
All of this means that the LL is in breach of several clauses of the contract - not giving notice of visits, using key to gain access, not allowing quiet enjoyment of property, etc (#6)
So I have been advised by a solicitor not to use a solicitor but to go through small claims court, but need to send them a "14 day notice of action" letter first and I thought you guys would know where to find a template.
Yes, I did ask nicely for electricity money and diplomatically expressed my disappointment at building works and lack of use of garden direct to my LL, but instead of an apology and a couple of notes, I'm getting kicked out. So, please, any advice would be gratefully appreciated.Thanks muchly.

BitterAndTwisted

It's called a "Letter Before Action" and you don't need a template, just use those words as a heading as every single letter can be about very different circumstances and reasons for issuing it.

The difficulty of issuing such a letter is that you can't instigate a claim in the Small Claims Court unless you can prove actual, financial loss and that you have also exhausted all other means of reaching an agreement with your landlord.

I think you should start by putting your observations in writing and inviting your landlord to compensate you fairly for all of the things which you have objected to.

The very next thing I would do is to change the barrel of a lock on both the front and back doors to prevent the landlord gaining unapproved access if that is what you want.

G_M

The way to deal with this was when it started happening.

Builders arrived? Refuse them access.
Builders plug into your socket? Tell them not to and remove it.
LL turns up unannounced? Write and tel her not to and change the locks.
etc.

Going to court retrospectively, when you cannot show you have taken appropriate action at the time, and when it will be very difficult to quantify your financial loss, will be difficult.

I don't want to sound unsympathetic but if you are on the point of leaving, I would just leave.

Dippity_2

Thanks for that advice guys.
I am unable to change, or even add locks under the terms of the contract, without LLs consent and giving them a key.
I can show financial loss with the electricity and the rental difference for a property without a garden and drive, for starters.
And I understand what you're saying about not allowing the electricity to be used in the first place, or telling the builders to go away, but in reality, when you've just arrived at the house with a five week old baby, 2 other kids, from the added stress of selling your home to pay off your IVA, and you want to get along with your new neighbours and LL, the request to plug in an extension lead from a pleasant builder who's already been there for a few days, seems quite reasonable. I didn't know it would be for 12 weeks and as soon as I found out the extent of the works I did ask for recompense nicely. Unfortunately, this was all that the LL needed to tell me to leave. If I had told builders to stop I would have been left with a mudbath outside as well as becoming homeless.
I'm not looking for sympathy, but I sure don't need extra stress, I just want to retain a smattering of dignity and justice. I have been advised that I have a case, I am choosing to pursue it and want to do it properly.

Dippity_2

And I did tell LL that she shouldn't come without notice, apart from anything because they are not local so it would be a wasted journey. Their reply was that they would come in anyway, which they did, and that "it's only a short term contract anyway". This was six weeks in...

G_M

Dippity wrote: »

And I did tell LL that she shouldn't come without notice, apart from anything because they are not local so it would be a wasted journey. Their reply was that they would come in anyway, which they did, and that "it's only a short term contract anyway". This was six weeks in...

Well there you are! Illegal entry. If you had changed the locks she wouldn't have been able to come in would she?

Yeah, contracts say all sorts of things. Doesn't make it legal! They could put in the contract:
"The tenant agrees to use the 2nd bedroom to cultivate cannabis and all proceeds to be passed to the landlord"
Would you do it?!
If you'd written to the LL refusing access, then when she found the locks changed she could.... do what exactly? Admit she ignored your rightful refusal and tried to come in anyway?

As I said before, now is not the time to resolve these issues.

sequence

The landlady cannot deny you the right to change the locks, regardless of what any contract says.

You have the right to quiet enjoyment of the property, you can refuse all builders, the landlord anyone, and in your shoes, I would.

Dippity_2

I don't understand your insistence that now is not the time to resolve these issues? I have tried all reasonable attempts within the terms of the tenancy to resolve them, which I must show I have attempted to do before a court will look at the case, and rent abatement etc can be claimed even after the tenancy has ended - though I am still a tenant. You may think it not worthwhile to pursue and that I should just give up and move on, but I was not raised to be treated in this manner. I have done nothing wrong or unreasonable yet my family is being made homeless, and I'm expected to say "ok"? You may not want to seem unsympathetic, but I think you are. I don't think anyone would relish taking their family to the homeless office on 1st March but that's where I'm headed at the moment so I would appreciate constructive advice please, not "let them walk all over you" remarks.

G_M

G_M wrote: »

The way to deal with this was when it started happening.

Builders arrived? Refuse them access. Did you?
Builders plug into your socket? Tell them not to and remove it. Did you?
LL turns up unannounced? Write Did you? and tell her not to, and change the locks. Did you?
etc.

As I said, I don't want to sound unsympathetic but if you are on the point of leaving, I would just leave.

The homeless issue id seperate to the problems you encountered during the tenancy. It was a 6 month contract. 6 months is passed, and the landlady has decided not to renew. Unfortunate but that's the reality of renting on short term contracts.

BitterAndTwisted

You have received notice that your tenancy is ending after the six month fixed-term has expired. This surely cannot have come as much of a surprise. This was always a risk, as it is with any fixed-term agreement. Under the circs I wouldn't have wanted a longer tenancy with this despicable landlord in any case.

I honestly think that you should be concentrating your efforts of finding alternative accommodation for your family in the time you have left.

Unless you were taking frequent meter-readings I doubt that you could quantify how much electricity those workmen have consumed. Write to your landlord and ask them to make a substantial contribution towards the bill in view of the number of hours and dates they had free use of it.

The other complaints you have raised will not garner much in the way of compensation in a court, I think.

Dippity_2

I'm sorry to sound so naive, bitterandtwisted, but after years of home ownership I did truly believe that a tenant that caused no problems and paid their rent would be able to stay in a property until a Landlord no longer wanted to rent it out. It was a surprise, especially when it is back on the agents books (even with the unsafe garden) to be rented out again, with no interest I might add. I don't want to have anything more to do with this legally correct but morally wholly wrong individual, but equally I don't want to be turfed out with nowhere to go when I haven't done anything wrong. Is that so crazy? I understand the reasoning behind chalking it up to experience and moving on, but whilst I can summon the energy to both look for somewhere else to live - where I shall be in fear of it happening again - and pursue recompense I shall do so. It's one thing to be dealt this deck as a single childless person, but quite another matter entirely when a family of five. I have completed my letter and N1 to accompany it and will post today - wish it luck!!