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Claim against landlord for breach of quiet enjoyment-Protection from Harassment Act

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Comments

  • Amanda3
    Amanda3 Posts: 63 Forumite
    edited 16 July 2013 at 8:03PM
    silvercar wrote: »
    Are you still living in the property?
    Unfortunately yes at the moment.
  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    Amanda3 wrote: »
    What about the breach of quiet enjoyment of the property?


    Do you rent the whole property on a tenancy agreement jointly with the other tenants, or do you just rent a room, with the kitchen and bathroom shared with the others?
  • Amanda3
    Amanda3 Posts: 63 Forumite
    Werdnal wrote: »
    Do you rent the whole property on a tenancy agreement jointly with the other tenants, or do you just rent a room, with the kitchen and bathroom shared with the others?
    I just rent a room, with the kitchen and bathroom shared with the other.
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Amanda3

    I have a feeling English is not your first language and because of at I wonder if you understand the purpose of the Small Claims Court.

    maybe you should consider a trip to the Citizens Advice or a half hour free with a solicitor in order that you understand the best next steps.

    Just a thought!
  • Amanda3
    Amanda3 Posts: 63 Forumite
    ognum wrote: »
    Amanda3

    I have a feeling English is not your first language and because of at I wonder if you understand the purpose of the Small Claims Court.

    maybe you should consider a trip to the Citizens Advice or a half hour free with a solicitor in order that you understand the best next steps.

    Just a thought!
    English is my first language.
    This step is already done but the citizen advice bureau told me that they cannot help. A Solicitor told me that it could cost me a minimum of £1000 and advise me to fill the court form by myself : however he refused to tell me exactly witch form (unless I pay the consultation fee).
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Amanda3 wrote: »
    English is my first language.
    This step is already done but the citizen advice bureau told me that they cannot help. A Solicitor told me that it could cost me a minimum of £1000 and advise me to fill the court form by myself : however he refused to tell me exactly witch form (unless I pay the consultation fee).

    OK, sorry about that.

    I think they won't help because you actually don't have a proper case, you have suffered unpleasantness for sure, but just not applicable to a small claims claim.

    I think you just need to move on and forget! Many times it is the best way, just live and learn.

    How did you do in your exams?
  • Amanda3
    Amanda3 Posts: 63 Forumite
    ognum wrote: »
    OK, sorry about that.

    I think they won't help because you actually don't have a proper case, you have suffered unpleasantness for sure, but just not applicable to a small claims claim.

    I think you just need to move on and forget! Many times it is the best way, just live and learn.

    How did you do in your exams?

    This is too easy especially when the landlord does not give me time to search another accommodation and has stolen my £800.

    Can someone please tell me how I can fill a claim for breach of quiet enjoyment?
  • ognum
    ognum Posts: 4,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Why aren't you claiming for the £800.
  • Amanda3
    Amanda3 Posts: 63 Forumite
    Else I will not pay any rent during the next two months until I recover my lost.

    And I hope that the landlord will serve me a section 8 notice : then I could make a counterclaim (this option is from the citizen advice bureau).

    I have just sent him to inform him that I will keep his next rent on my account until we go to the court (for breach of quiet enjoyment of the property or due to his claim for repossession under section 21).
  • Amanda3
    Amanda3 Posts: 63 Forumite
    ognum wrote: »
    Why aren't you claiming for the £800.

    Because legally they have covered themselves by providing a very unsecured and dirty property (contract law).
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