Talikng LL to the Small claims court..help

chamb7914

The 14 month old house we rent was flooded by a faulty water supply pipe to upstairs about 6 weeks ago and have had to incurr a number of expenses associated with moving to an alternative property. Originally we spoke to the letting agents telling them that our contract was with the LL and that he should be responsible for any associated costs and he would in turn 're' claim these back from the builders as the house is so new and shouldnt be the victim of faulty plumbing. The LL told us (via the lettings agency) to :lipsrseal off saying tough (basically only appearing bothered about getting his rent) and any associated trouble and turbulance my family and i have had to endure is our problem deal with it ourselves and contact the builders. So we approached the builders direct and they (as we knew they would) said the contract they have is with the LL and not with us go back to him.
So rather than go to the lettings agency (who we are not entirely sure have our best interests at heart, or can be trusted to pass on our messages accuratley) we went to the CAB who having heard what we had to say advised us to go to the Small Claims court for compensation and refund of monies paid from the LL who in turn should be able to get all this back from the builders.

Can anyone advise (advice is helpful informtion, rants from tenancy agreement burning, tenant hating LL's is not)

What do we do regarding contacting the LL to inform of our intentions?

Has anyone done this before?

Will the LL have any right based on this claim to withold our bond?

Please help this is really stressing out my partner and i, we have 4 children who really didnt need to move house again , have been taken to the doctors for dust inhalation during the drying out process (and the two weeks we had to live in a flooded house before moving)

Thanks Graham

clutton_2

you can do no better than read Eagerlearner 's thread on here as to how to take a LL to court - she did it for lack of deposit on departure - you will be doing it for "consequential financial losses" due to the condition of the LLs property - whether it was his fault or not that damage occured to the house is not valid here. HE has a legally binding contract (your tenancy agreement) with YOU to provide you with a habitable home. HE is responsible in law for damage to your property. If he needs to sue the builder for recompense - that is down to him.

You need to write a short, precise letter as to how much you want him to reimburse you, and give him 14 days to reply - if he does not then write a LETTER BEFORE ACTION - and then give him 7 days to reply and say if he does not you will issue Court Summons against him.

How much money are you claiming from him ?>

bw

Trollfever

And more info here:

https://www.moneyclaim.gov.uk/csmco2/index.jsp

chamb7914

clutton wrote: »

you can do no better than read Eagerlearner 's thread on here as to how to take a LL to court - she did it for lack of deposit on departure - you will be doing it for "consequential financial losses" due to the condition of the LLs property - whether it was his fault or not that damage occured to the house is not valid here. HE has a legally binding contract (your tenancy agreement) with YOU to provide you with a habitable home. HE is responsible in law for damage to your property. If he needs to sue the builder for recompense - that is down to him.

You need to write a short, precise letter as to how much you want him to reimburse you, and give him 14 days to reply - if he does not then write a LETTER BEFORE ACTION - and then give him 7 days to reply and say if he does not you will issue Court Summons against him.

How much money are you claiming from him ?>

All in all just under 1500 pounds but was wondering whether or not you could be cheeky and ask for an amount of compensation for two reasons: 1, the children have had to go to a doctor as a result of brething in all the dust and mould that is growing from the wall.
2, the LL really doesnt seem to give a :lipsrseal about the whole thing and has presumed we will get his house sorted for him .

thanks for your advice so far

real1314

You might want to get some evidence to back things up - your local council should have a private lettings officer/dept that can help. If there's damp, you could ask environmenatl servieces will come out and do a report for you too. This sort of stuff helped a mate of mine get £1200 back from a 6 month let at £420 a month.

Tozer

Sorry but I don't think this is a runner other than for ACTUAL costs incurred. the house is fit for human habitation (its a really, really strict definition).

Basically, this is a claim for consequential loss which is generally uninsurable and non-claimable. Sorry it sounds so negative! Its not meant to but the landlord won't be able to claim against the builders other than for actual loss. Thats the same position for you in respect of the landlord.

tbs624

clutton wrote: »

.....- you will be doing it for "consequential financial losses" due to the condition of the LLs property - whether it was his fault or not that damage occured to the house is not valid here. HE has a legally binding contract (your tenancy agreement) with YOU to provide you with a habitable home. HE is responsible in law for damage to your property. If he needs to sue the builder for recompense - that is down to him. ....

(my emphasis)

Checking back on the OP's original threads on this one, it looks as though the LL/LA offered an alternative property whilst the repairs were dealt with, so has provided a habitable home, albeit not the original one ?