Going to small claims hearing: so many questions

davidmcn

Smallclaimsquery wrote: »

My actual loss was an extra one hour commute both ways which at five times a week meant ten extra hours commuting which worked out at roughly £60 pounds on the train a week.
So I am a bit worried that's all I'll get. Also because I know someone will inevitably ask why I feel entitled to more.

Well, it sounds like that is all you're entitled to. This isn't like some American case where you can claim more as a "punishment" for the landlord being rubbish. Claiming the full amount of rent suggests that you didn't have use of the property at all - but you did. As an alternative you could have claimed for the cost of getting portable electric heaters, going elsewhere to shower, etc.

anselld

Smallclaimsquery wrote: »

The flat was economy seven and I found, from the invoice, she enclosed in her defense, that the only issue was that a thermostat needed replacing. A problem that would take most electricians an hour of their time and the part can be bought for £10.

We weren't able to come to an agreement because she is probably the angriest person I have ever came across.

That may become pertinent fact which you should mention up front in Court.

However, you did say heating was also affected. So if it was only a thermostat it must have been inside something like a Gledhill Thermal store or similar off-peak storage system. These tend to be serviced by specialist Companies and whilst on paper it may look like the simple fix you suggest, in practice the majority of electricians would not go delving inside a thermal store.

Edit: Also most if not all off-peak thermal stores have an on-peak reserve immersion which you can use if off-peak fails.

AdrianC

Smallclaimsquery wrote: »

My actual loss was an extra one hour commute both ways which at five times a week meant ten extra hours commuting which worked out at roughly £60 pounds on the train a week.

And did you mitigate that? A couple of £20 electric heaters would have solved the problem. Did you ask the landlord to provide heaters?

So I am a bit worried that's all I'll get.

You will get what you can prove that you unavoidably incurred.

Also because I know someone will inevitably ask why I feel entitled to more.

Well...

DaftyDuck

I'm sure the OP posted details of this under a different username (surprise) not long ago, and the general consensus was there wasn't much further to do. LL may not have excelled, but there was plenty of effort made.

OP. You are unlikely to win and, if you do, the time and effort will make it pointless. Revenge? Teaching them a lesson? Justice? Equally pointless.

Time to move on. Life is not worth this kind of waste.

MyOnlyPost

As a landlord I think it would be perfectly reasonable to ask for a rent reduction for the 6 weeks and I would give it to you, whether a court will is entirely different so I would have one last gasp at solving this before court and lowering your expectations

Pixie5740

Smallclaimsquery wrote: »

Predictably given my landlord’s stubborn nature my claim against her has gone all the way to court with the court hearing date next week.

Naturally, I am feeling a bit anxious about court and I’ve been trying to research as much as I can about the actual hearing and how good my chances are but there is a very surprising lack of information out there.

So what is it like actually going to a small court hearing? How formal is it? How long does it usually last? Do I need to prepare for more than a brief statement and perhaps some documents about taking apart her defence?

And then what do you make of my case?
Will the judge actually award me what am asking which is my six weeks rent back whilst the property didn’t have hot water and heating?

Very briefly the flat didn’t have heating and hot water from late January until early March because for the first three weeks she refused to believe me that there was a heating problem and then after that, she had to send round three tradespeople until they’d finally replaced the part that was faulty.

Her defence is that I only contacted her three weeks into the tenancy that there were problems with the heating and hot water, and that she is not responsible for the issues with the tradespeople and even blaming me for being difficult to get hold off.

The evidence I have submitted is as follows:

1. My call logs and text messages to prove when I called her and that I’d texted the tradespeople to say I could always be in the flat or find someone who would pop round to let them in and the texts also show that they’d be back and then started ignoring my texts and calls.

2. Emails between the agency in the first week (the property was owner managed but I wasn’t given the landlady’s number until the agency gave it to me) in which the agency said they’d contact the landlady to ask her to resolve the issues.

So, I feel I’ve a strong chance of winnings and have asked my landlady for a return of the rent while I was there; however, I have some concerns:

1. As I understand it the court is more about recompense for loss and not compensation and my losses were somewhat mitigated by staying with my boyfriend ( which did add to my commute; although I am unable to prove that, and that despite not being there during the night I did sometimes go there during the day between work shifts.

2.The landlady is 84 (I know that because she wrote it in her defence!) I have a strong suspicion she has some difficulty as she was rude and angry every time we talked. She also mistakenly accused me of not paying my rent at one point and didn’t apologise when I’d convinced the agency who then started badgering me that I had. I don’t want to cause her unnecessary stress and am unsure how best to be sensitive to her age whilst picking apart her defence. I also worry that the judge might be more lenient with her.

3. What little information I can find suggests that in similar situations judges are pretty sympathetic to landlords as long as the landlords can show they at least tried to fix the problem and in the landlady’s defence she was somewhat trying to fix the problem for the last three weeks. I would argue here however that she probably caused the delays by not keeping on top of the tradespeople.

Thanks for reading!

TLDR: No hot water and heating for six weeks so asking for rent back but have concerns about the hearing itself.

I'm another one who doesn't think you will win. If this does go to court and you lose you will not only have to pay your court costs but the landlord's as well. Is 6 weeks worth of rent worth the gamble?

If do go ahead with your claim I would be interested in the outcome, win or lose, as you are not the first tenant to post on here about taking your former landlord to court for this and I think it would be useful for other tenants (and landlords) in your position to know which way it swung in court.

DaftyDuck

I'm not sure any court result will have any generic use, pixie, as the circumstances attitudes and flexibility of parties varies so much .... and posters paint their own version of the actualite.

I would be slightly concerned that those with reasonable claim (who might be averse to posting) might be put off, whilst some who have posted weak cases will later post (incorrectly) of their success in face-saving mode. We have seen the latter on this forum before!

martindow

You will find it informal but you need to be well organised. For most people it is daunting and it is natural to be nervous about it.

Firstly make sure you have clear in your mind the important points and have them written down perhaps as bullet points. This needs to be as concise as possible - if the judge wants more detail they will ask.

Secondly you need to have all documents that you feel back up your case - letters, print outs of emails, texts. etc. These need to be well organised so that you can find them when needed.

Thirdly be sure you have thoroughly read your LLs submission. If there are inaccuracies there you be ready to point them out backed up with your paperwork.

Others have commented on the strength of the case. The fact that it is going to a hearing suggests that the judge is not certain of the facts or outcome. If it was obvious, a judgement would have been made on the paperwork alone.

davidmcn

Pixie5740 wrote: »

If this does go to court and you lose you will not only have to pay your court costs but the landlord's as well.

Not (usually) in small claims.

Pixie5740

davidmcn wrote: »

Not (usually) in small claims.

Every day is a school day.