Private landlord issue urgent

seven-day-weekend

I have just re-let my flat through OpenRent (they do ask for proof of ownership). We did not accept the people as tenants until we had got all the paperwork we needed. These included all their credit score references, employer and bank references and copies of their id. We have also seen the original id documents.

Whether your prospective landlord is in breach of contract I do not know, but I hope you get it sorted soon.

Comms69

Stuportsmouth wrote: »

I originally come here for help however a friend then helped me on fb who has a law degree.
However the costs I am claiming is for losing a house which I had passed all checks but was smaller which is why we took the ither house but due to giving notice on my current property I am due to vacate by the end of Nov so again with that the children's school applications being messed about and then the fact my whole house is packed etc I am claiming to these values as he has breached the contract terms we had agreed.
Which I feel is sufficient for all issues he has caused etc please advise if you think this is wrong but a judge has final say if he says its not allowed to be that high he will change to what he feels is sufficent if I'm correct.

Your friend isn't legally qualified. Now most of us here aren't. But I can tell you that you can only claim a quantified loss. And penalty payments you want do not follow the small claims route.


The risk you have is that your claim could be seen as vexatious and you then risk costs being applied against you, as well as losing your case.


Break down your actual loss to make up the £2800.


At the minute I don't see it

G_M

Stuportsmouth wrote: »

....
I have placed £2800 for breach of contract then applied £40 for fuel for visits i made and a further £40 for food and drink for me my wife and children which is what it cost.

So you've itemised your fuel and food (doubtful you'll get food!).


But what is the £2800? Unless you break that down and specify how you losses = £2800 it will be thrown out and you'll end up paying costs....

SmashedAvacado

There seems to be a bit of confusion here. for breach of contract, you can claim the damages suffered as a result of the failure of the other party to comply with the contract.

So, for food, the amount you might have a chance of claiming is the increased cost of food - for example if you had to stay in a hotel over and above what food would have cost you had you not.

If the only alternative accommodation you could find was more expensive, you can claim the difference - but you have to mitigate your losses - If another property was readily available, then you haven't suffered any loss.

So the amount you can claim is the additional sums that you are out of pocket by virtue of the breach to the extent that they flow directly from the breach. The losses have to be foreseeable (you couldn't for example claim a lost concert ticket cost because you missed a concert to sort all of the mess out) - but you could reasonably expect to claim a more expensive short term accommodation arrangement if you had literally nowhere else to go - and possibly a longer term cost of having to pay more rent if the place you had originally agreed to lease had been below market.

phill99

The classic " I have a friend who says......"