Dispute with would-e landlord

vegezaur

.........................................

pinkshoes

vegezaur wrote: »

Hi Everybody!

I have a frustrating dispute. On 17/04 I signed contract(paying in advance) stating that my tenancy is starting on 20/04. Until this time landlord(agency) obligated himself to repair the room, paint walls, take out cupboards of the room, etc. On 19/04 at evening I contacted the "landlord" he told the room is not ready and if I will not be patient I will not get the room at all.

That is not acceptable, ridiculous. On 20/04 at morning I returned the keys but I was told to forget about my money.

I need to take the case to court, I don not know which court form is aproppriate for me, I hold all evidences even phone calls ( as for personal purposes) which show rudness of that person.

Case is simple, room was not redy and I requested money refound. Can we talk that the contract started if the condition of the room was not in condition as was agreed?

I live in UK london.

thats link to county court forms:
h***s://county-courts.co.uk/document/page/11/

I am looking forward for your reply, hoping that there is a person who will help. All organisations are sending me over to others, thats not fair.

Thank you

When you contacted the landlord, HOW did you do this? Do you have IN WRITING that the landlord stated the room would not be ready?

That was on the 19th April... On the 20th April, did you actually try to gain access to the property and move in? (obviously you had the keys already...)

The court would need EVIDENCE the room was not ready (in writing) and proof that the day the tenancy started, you could not gain access.

G_M

7 questions below.

vegezaur wrote: »

.... On 17/04 I signed contract(paying in advance) stating that my tenancy is starting on 20/04.
1) did the landlord also sign? Do have this contract?

Until this time landlord(agency)
2) which?
obligated himself to repair the room, paint walls, take out cupboards of the room, etc.
3) Do you have this in writing?
4) are you renting a room only? In the landlord's own home?

On 19/04 at evening I contacted the "landlord" he told the room is not ready and if I will not be patient I will not get the room at all.
5) why is 'landlord' in inverted commas? Is he or is he not the landlord?

That is not acceptable, ridiculous. On 20/04 at morning I returned the keys but I was told to forget about my money.
6) what money?

I need to take the case to court, I don not know which court form is aproppriate for me, I hold all evidences even phone calls ( as for personal purposes) which show rudness of that person.
7) good that you have evidence, though 'rudeness' is not a crime, nor a breach of civil law (no pun intended!)

Case is simple, room was not redy and I requested money refound. Can we talk that the contract started if the condition of the room was not in condition as was agreed?
See Qs above

.....

moneyclaimonline here.

pinkshoes

vegezaur wrote: »

I got keys.Yes. I got text messages stating the room will be ready at 19/04, after I called him messages the room will be ready at 12. and phone calls the room will be ready at 1 p.m. and also that he wont to give me that room at all.
I left keys to one of tenant who live in there and he aggred to pass them to the landlord. It is noted on contract that the keys will be returned and signed by him. However the contract states that I can leave the keys in the room. The contract is stating my contract is commencing on 20th. But it was signed on 17th
I was in that room at morning 20/04/2017. I took photos.

it doesent matter. agreement stating I can cancle the contract if the room is not repaired and I am not able to occupy the room in enjoyable way.

I paid 100pounds rent+40 admin fee+ 200 deposit. They have not right to keep my deposit in such case. I booked day off. they will pay for all my losses more than 340... as I lost a lot of time and, nerves, nobody pay me for my day off.

I just need to know which form do I have to fill up.

Thank you very much for your reply. Thank you

Don't go wasting money filing court claims until you have established if there is enough evidence...

You can send a "Letter Before Action" giving the landlord 14 days to return all the money before you take court action to get the money back.

pinkshoes

vegezaur wrote: »

I informed him by text messages that I will take it to the court, also by email but no answer.

It needs to be more formal than this.

You need to WRITE to the landlord at the address on your tenancy agreement (and send a copy via email) which has "Letter before action" at the top, giving him 14 days to pay back the money. Send with proof of postage.

If, after 14 days, the LL has not paid the money back, then you should start a small claims court procedure (done online, very simple...).

Just to clarify, you were renting a ROOM in a shared house (shared with other people), and the Landlord (the person who owned the house), would NOT be living in the house too?

G_M

Thanks. Supplementary Qs:

vegezaur wrote: »

1.) yes to both Qs?
2.) 19th ?? Answer the Q asked.
3.)text messages please quote in full.
4.) yes, it is agency,( they rent it from landlord, and let it out after).
unclear. That was not the Q asked. Please answer.
5.) If the contract didn't start as he breached our agreement can I call him landlord? Yes if that is how he is described in the contract. PLease see Qs 2) & 4) above
Now he is my debtor, I paid money for something I didnt receive.
6.)
340.
100 rent+40 admin fee+200 deposit
Do you have a receipt? Please quote the receipt in full.
Assuming the tenancy does not start, the deposit should be returned.
Whether the rent/admin fee should be returned depends on who breached the contract (see below).
7.)doesent matter. He told me he wont me here despite the contract has been signed. noboody can say such things. and yet he did say those things.

My questions may seem challenging, but if you are going to court, you need
a) very clear answers to the Qs I asked (and others as well), and
b) an ability to express/explain yourself and the events clearly and relevantly.

The LL's defence to your claim will almost certainly be along the lines of:

" The tenant signed a contract due to commence on 20th April. On 20th April (or was it the 19th?) the tenant left the keys at the property and advisedme that he did not wish to take up the tenancy, thereby breaching the contract.

The tenant therefore owes me rent for the agreed period of the tenancy (6 months/whatever) and I therefore counter-claim for a further 5 months rent (£1,700), less the deposit (£1,500).

In the event that I find a replacement tenant in this time, any overpaid/dupicate rent will be refunded."

elsien

The people answering your questions have a good knowledge of the law around rentals and landlords. They are trying to clarify the situation to give you better advice.
Quite frankly, if your above response is how you've been communicating with the landlord, I'm not surprised he's stopped answering. I appreciate you are angry but you're not helping yourself if you don't take a step back and calm down.

Victor_the_Gink

Rude!!!!!!!

elsien

vegezaur wrote: »

all me time you wasted on this forum I could work and spend money to get profesional advice. your answers shows how experts are you. buhahaha. bye bye.
even do not konow about online money claim, pathetic

Just in case this one also disappears....

sparky130a

vegezaur wrote: »

all me time you wasted on this forum I could work and spend money to get profesional advice. your answers shows how experts are you. buhahaha. bye bye.
even do not konow about online money claim, pathetic

Time better spent on constructing a coherent sentence maybe?

lincroft1710

vegezaur wrote: »

However I found different professional forum. No more rubbish in my life. bye

PS elsein I see You need to value yourself for beating posts in sensless way on this forum. Thats your expertise.
buhahah, all you give me is better mood at end of the day.

You just can't help some people!!