Sueing landlord for non-repair of property - small claims court or online service?

wench02

Has anyone got any advise? Basically have got to the stage where I will be taking former landlord to court due to their refusal to carry out repairs, and causing ill health to myself.


However, I'm not really sure which is best - actually going to court, or the online system.


Given that what I'm asking for is not a "fixed" debt to be paid, I'm guessing going to course is likely to give the best outcome?

Guest101

The online service is 'court', however can you actually put a figure on your 'loss'?

molerat

Have you taken any advice on this. Taking someone to court for a debt of under £10K is simple and cheap. Taking someone to court for ill health etc is complex and can cost many £K, a job for the no win no fee solicitors and not really something you can do yourself.

pmlindyloo

Use this link to check that you have followed all the procedures and then click on the various links within to find out how to take the LL to court.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

You can also telephone Shelter for advice.

anselld

wench02 wrote: »

Has anyone got any advise? Basically have got to the stage where I will be taking former landlord to court due to their refusal to carry out repairs, and causing ill health to myself.


However, I'm not really sure which is best - actually going to court, or the online system.


Given that what I'm asking for is not a "fixed" debt to be paid, I'm guessing going to course is likely to give the best outcome?

The time to enforce repairs is during the tenancy, including Local Authority enforcement action if appropriate...

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/landlord_refusing_to_do_repairs

IMHO you are unlikely to succeed in any action for compensation after the tenancy has ended.

wench02

I've been through all the appropriate steps.


I've asked a specific question and would appreciate some advise on it.

benjus

wench02 wrote: »

I've been through all the appropriate steps.


I've asked a specific question and would appreciate some advise on it.

And you got an answer. The online systems (MCOL and PCOL) are just ways of initiating a court claim. However, MCOL is only for recovering a debt and PCOL is only for obtaining possession of a property. So neither is suitable for your case.

AnotherJoe

wench02 wrote: »

I've asked a specific question and would appreciate some advise on it.

LOL, you didn't ask a specific question, you asked a very ill-defined one "I'm not really sure which is best - actually going to court, or the online system." and "..I'm guessing going to course (sic) is likely to give the best outcome"

Define "best" - I can think of, at least;

Cheapest,
Quickest,
Most likely to win,
Most applicable to your case,
Most fixed costs,
Most flexible,
Least likely to leave you with large legal costs should you lose,
Least likely to get thrown out very quickly.

No doubt there are others. But, "specific" it ain't.

dktreesea

Have you reported the landlord to the environmental health section of your local authority? They can order the landlord to do the work, or alternatively, do the work themselves and charge the landlord.

antrobus

wench02 wrote: »

...Given that what I'm asking for is not a "fixed" debt to be paid, I'm guessing going to course is likely to give the best outcome?

Money Claim Online is designed for a county court claim for a fixed amount of money.

MCOL is unable to accept an unspecified money claim. This is where you are asking for the amount to be awarded to be left to the Court to determine, for example unspecified damages for personal injury.

https://www.moneyclaimsuk.co.uk/mcol.aspx

You'll have do it the old-fashioned way.

Download the form;
https://www.gov.uk/make-court-claim-for-money/overview

theartfullodger

What actual real financial loss have you incurred & can prove to court?