Going to small claims hearing: so many questions

mrginge

I think you'll win.
I don't think you'll get anywhere near six weeks rent.

G_M

Bob_Bank_Spanker wrote: »

What a perfect world that would be! Unfortunately it isn't true.

Sorry - yes.

It's rare because their costs cannot be reclaimed, but they are permitted.

Miss_Samantha

It is not that rare. Small claims are up to £10,000 and when you have no experience it may be very worthwhile having a solicitor, especially when the opposition is a company which will use a solicitor.

Some of the cost is claimable, though this is very limited.

glasgowdan

It's likely she'll kick off and show her true colours. Remain polite, civil and factual. I believe you've been mishandled and have every right to something from her, even agreeing that she needs to be taught a lesson, the bag! Maybe make her change her mind about being a useless landlady and sell up instead.

pinkshoes wrote: »

If the trades people she hired were shoddy in diagnosing the problem, then that isn't really her fault...

No, but it's her responsibility. And she ignored the tenant for 3 weeks before doing anything.

I'm pleased to see that you're seeing this through. Too many people don't follow through with things. Either way, you'll gain valuable experience from this.

DaftyDuck

If I remember the original thread correctly (and the OP used a different username then), part of the problem was a fundamental lack of understanding by that poster as to how the water was heated, and the option was probably there to use the second immersion heater, albeit not at economy rates. Probably.... The other thread was distinctly unclear. If that option existed, the OP was not without hot water through any fault of the ll. That would fundamentally alter the habitability of the property.

There appeared to be considerable difficulty on that thread (which may have nothing to do with this OP....) in explaining to us what the problem was. If he was as unclear to the ll, or is as unclear to the judge, that won't help the matter.

There were other mitigating factors, if I recall. ... It was not a clear cut matter at all, and that OP had obviously done himself no favours in resolving the issue.

May be unconnected, may be my failing memory.

Edit:

THIS is one such thread, I believe there is another....

anselld

glasgowdan wrote: »

No, but it's her responsibility. And she ignored the tenant for 3 weeks before doing anything.

That is the OP's claim. However, as far as I can see the OP has not stated if they used the correct reporting procedure, i.e. notice served at the formal address for serving notices.

steampowered

The key is that you need to prove your landlord was in 'breach of contract' - so you should try to point to something specific in your tenancy agreement.

The standard form tenancy agreement which I have does have an express clause which says "keep in repair and proper working order the installations in the Property for space heating and heating water".

If there is something similar in your tenancy agreement, and the landlord has failed to comply, the landlord is breach of contract. Regardless of any excuses around not being able to find a repair person or so on.

It sounds to me like you do have a strong case. Although unless you can prove some actual financial loss, any award you receive is likely to be modest.

steampowered

G_M wrote: »

Sorry - yes.

It's rare because their costs cannot be reclaimed, but they are permitted.

Just to add a bit of clarity to this.

The claimant, but not the defendant, is entitled to recover some element of legal costs in small claims track when using a solicitor.

This is in addition to their right to recover court fees paid, lost income for the hearing and travelling costs (but not postage costs).

The costs which a claimant can recover in small claims track are known as "fixed costs" and are listed in the table at https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs#rule45.2.

However, as you will see, the level of costs which can be recovered are very limited, and will usually be less than the actual cost of engaging the solicitor. Typically £80 for a claim between £1k and £5k.

Thrugelmir

Smallclaimsquery wrote: »

Ignoring the three weeks that the landlady didn't keep on top of her tradespeople. For the first three weeks, she ignored my and the agencies request for her to send someone to fix the issues.

I'd like to see your evidence to support this assertion. If it's merely your view. Then there's no substance.

p00hsticks

justme111 wrote: »

A stove you saying? Bathing oneself and doing washing using hot water from a saucepan for 6 weeks in winter?

Has no one on these threads ever heard of a kettle ?
We regularly boil a kettle of water to do the washing up rather than wait for the water to run hot.

I'd agree that having to use a kettle to supply a basin of hot water for an all over flannel wash would not be at all pleasant for six weeks, but to me it dosn't render the entire place uninhabitable.