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GDB2222

Suing in the County Court Small Claims Track is pretty easy, if you know what you're doing. It's a bit of a learning curve, if you haven't done it before. 

It's all a bit difficult, without knowing whether the contract has truly been frustrated for good reasons. I'll repeat my suggestion to settle. And, of course, do send whatever letters before action you like, claiming for everything under the sun. My main point remains, namely don't run up hotel bills unnecessarily.

justwhat

GDB2222 said:

Suing in the County Court Small Claims Track is pretty easy, if you know what you're doing. It's a bit of a learning curve, if you haven't done it before. 

It's all a bit difficult, without knowing whether the contract has truly been frustrated for good reasons. I'll repeat my suggestion to settle. And, of course, do send whatever letters before action you like, claiming for everything under the sun. My main point remains, namely don't run up hotel bills unnecessarily.

We have requested proof that it is uninhabitable. Settling at this point we would walk away with £100-200 if we were lucky.

the contract was signed on 28th by daughter . The LA returned it to us on the 29th signed by them.  The move in date was the 30th.  The LA was supposedly emailed on the night of the 29th informing them of the property condition. 

i have tried to see if a deposit has been lodged on behalf of  another tenant. However you cant search online for that info.

We have no intention of running up hotel bills however we will incur more costs until we can get alternative accommodation.

justwhat

Just a quick update we got £950 compensation(that was our total cost , inc time and items we never had receipts for).

 It was either a tenancy breach or a contract breach(court we have had to decide which it was). The letting agent coughed up straight away. 

justwhat

pinkshoes said:

j

So 50 miles there, 50 back, then again in the evening to collect. That's 200 miles already. Then again on Saturday so 400 miles. So if it takes 2 weeks to find something, that's an extra 800 miles, plus another couple of trips to find accommodation so another 200 miles...

40p/mile x 800 miles = £320 

£10/hour for your time driving there and back 

So I would be asking for a minimum of £500 to cancel the tenancy.

That's more or less what happened regarding compo. Used minimum wage and 45p per mile (hmrc millage allowance ) lol 

Thanks for everyone's help and support...

csgohan4

on a better note, the daughter dodged a bullet with a dodgy LL

dimbo61

Well done and I hope your daughter can find somewhere nice to rent while she is a student and in the future.
It has been a very strange 18 months for everyone including students.
Online learning, Zoom teaching, becoming Isolated from other students and teaching staff.
 With huge demand this year with more students than ever applying to Uni and unable to have Gap years or go abroad we will see many students unable to find suitable accommodation so start with the University accomodation office and search online with Spareroom, Accomodation for Students, Rightmove and local Lettings Agents.
Good luck 

Jadiebeth

justwhat said:

Just a quick update we got £950 compensation(that was our total cost , inc time and items we never had receipts for).

 It was either a tenancy breach or a contract breach(court we have had to decide which it was). The letting agent coughed up straight away. 

Can I ask what steps you took to get compensation. Me and my partner are in a similar situation and the LA and LL are accepting no responsibility. 

The LL signed a contract with us when there was already a tenant and we found out the day after we were meant to get the keys. All in all im raging!

Thanks 

justwhat

Jadiebeth said:

justwhat said:

Just a quick update we got £950 compensation(that was our total cost , inc time and items we never had receipts for).

 It was either a tenancy breach or a contract breach(court we have had to decide which it was). The letting agent coughed up straight away. 

Can I ask what steps you took to get compensation. Me and my partner are in a similar situation and the LA and LL are accepting no responsibility. 

The LL signed a contract with us when there was already a tenant and we found out the day after we were meant to get the keys. All in all im raging!

Thanks 

Provided you have a "valid tenancy / contract" 

if you tenancy is with an agent they you deal with the agent. Eg agent signed tenancy on behalf of the LL. Then deal with the agent.
The agent may be a member of a letting agent association there will be a procedure they should follow to resolve issues. 

You need to set out they made you homeless and what do they intend to do about it.

if they intend to do nothing you need to follow agents internal complaint procedure then there association procedure.

If none of that works then you would need to take court action.