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  1. #1
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    Default Horts Lettings

    Hi I moved in to a flat back in 2010 and I had so many problem's with loud music banging of door's smelling of substances, people pestering me, my curtains being taken down and, not being put up after a year I kept mentioning about it I lived, in a terrible place, I have sent a letter to Them. Regarding all the problem's but they dont care, because I lived there for 5 year's and I paid altogether, £20,950 over the year's in rent what is the best route to get this back the letting's agent mentioned that I need to contact the landlord not them but i paid Hort's for living at the property as they were my letting's agents seems, a bit odd. Apparently the law states they have to give me the landlaord's address within 21 day's I have wrote them a letter. I am really unhappy about this.

  2. #2
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    Default Re: Horts Lettings

    Can I ask why you think you can get this 5 years rent back

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    Default Re: Horts Lettings

    With all the problems that I had at the property, with my lettings agent, and that why it took them a year to resolve my curtain rail, mould that was forming by my boiler, the smell by my boiler the troublesome tenants and all the other problem's that I had.

  4. #4
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    Default Re: Horts Lettings

    I answered this question in October 2016 on your thread here >http://legalbeagles.info/forums/show...768#post682768

    One issue being that some of the rent had been paid by Housing Benefit so any compensation you receive would have to be repaid to them (by you).

    I also suggested that you should get The Property Ombudsman involved. Did you?

    Has something new happened since then?

    I can see (from your new thread) that the letting agent has told you that your dispute is with the Landlord not them, presumably because they weren't "managing" the property. That may/may not be true so check your tenancy agreement.

    I asked what happened about your deposit at the end if the tenancy, but you didn't reply to my question.

    Posted October 2016:

    Quote Originally Posted by Diana M View Post
    It does sound like you were living in a rather colourful neighbourhood to say the least.

    However I'm not sure your Landlord (or his agent) can be held responsible for the neighbours' conduct. Did you ask to terminate your tenancy agreement early so you could find more suitable accommodation, and did your Landlord refuse to release you from the contract?

    Or did you ask for a rent reduction during the time you were living there which was refused? It must be very annoying to pay rent and then feel trapped in a situation from which you can't escape. Were you claiming HB at the time?

    The issue of the curtains may be a Landlord problem if it was reported to the agent who didn't deal with it in a timely manner. You say the curtains "were taken down" so who took them down (assuming they were 'up' when you moved into the property) and why was the curtain pole not fixed?

    If that was the only Landlord problem then I doubt The Property Ombudsman would recommend the refund of a whole year's rent as compensation.

    Was your Deposit placed in a recognised TDS scheme and did you get all that back when you left?

    Di
    Quote Originally Posted by Diana M View Post
    If the Landlord was responsible for taking down the curtains (his window contractors?) then he should have put them back up. That's the only issue I see in regards to compensation. How long ago was this?

    I asked about HB because if you were lucky enough to get a substantial rent refund then some of that money ought to be returned to the Council's Benefits Team since they were paying the rent not you for the periods when you were in receipt of HB.

    Di
    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  5. #5
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    Default Re: Horts Lettings

    when did these probllems start did you report them as soon as they happened and what did they do about it?

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    Default Re: Horts Lettings

    I kept mentioning it to the letting's agency they didnt care, I could not leave as I did not have the money to leave, I mentioned about everything no end of times the lettings agent, knew about these there are alot of issues, which I can bring up.

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    Default Re: Horts Lettings

    Quote Originally Posted by sloane82 View Post
    I kept mentioning it to the letting's agency they didnt care, I could not leave as I did not have the money to leave, I mentioned about everything no end of times the lettings agent, knew about these there are alot of issues, which I can bring up.
    Please see my post # 4

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  8. #8
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    Default Re: Horts Lettings

    I tried the property ombudsman they are after further evidence, because I left and I did not notify them there was a month to notify them, they took the bond toward's money that I owed them by leaving part way through the month to be honest I needed to do something about it as it was £20,950 which was a lot of money I need to do something to get my money back.

  9. #9
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    Default Re: Horts Lettings

    Quote Originally Posted by sloane82 View Post
    I tried the property ombudsman they are after further evidence,.
    Does this mean The Property Ombudsman is investigating your complaint?

    The Landlord may have been allowed to keep the deposit towards any rent arrears. That is something you might be able to argue with the TDS if you raised a dispute over your deposit since you say it was protected. Did you raise a dispute at the time?

    If not it may be too late.

    I'm not familiar with the scheme rules but some auto unprotect a deposit three months after a Tenant leaves the property or the fixed term ends if later date. They presumably reckon that's long enough to raise a complaint.

    How long ago did your tenancy agreement end and had the fixed term expired at that point? It may be hard to argue for compensation for any period where you remained at the property if you had the legal freedom to give notice and walk away if you weren't happy (but didn't).

    What evidence do you have of the issues. Photographs, statements from neighbours, emails/reports you may have made to Environmental Health (Council) about noise pollution etc? Are there emails to/from the agent documenting the problems?


    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  10. #10
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    Default Re: Horts Lettings

    I have e-mail's when I left stating about the problem's I left in May 2016 I kept mentioning it to my landlord so I maybe able to get my deposit back, I do not have picture's just e-mails, I think I will try and write to QA window's you were the contractors who put in my new windows.

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    Default Re: Horts Lettings

    Quote Originally Posted by sloane82 View Post
    I think I will try and write to QA window's you were the contractors who put in my new windows.
    I think you may be barking up the wrong tree since you had no contract with the business which installed your windows. Why should they refund you your rent which was paid to a third party (Landlord not them) for disturbance cause by your neighbours?

    Their (window installer) contract would have been between the Landlord or the Freeholder if the property was a leasehold flat (windows generally fall under the Freeholder's responsibility in the lease).

    I appreciate there was a curtain pole problem but I can't see how they can owe you rent because of that.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  12. #12
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    Default Re: Horts Lettings

    Quote Originally Posted by sloane82 View Post
    I have e-mail's when I left stating about the problem's .
    Are/were there any emails noting the problems while you were still living in the property or do you mean you only raised the issues after you had left?

    If that is the case they could argue that they weren't aware of the problems during the tenancy so weren't given the opportunity to remedy them.

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  13. #13
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    Default Re: Horts Lettings

    Ok what can I legally get my lettings agent to give me for the problem's that I have had at the property?

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    Default Re: Horts Lettings

    Because the amount is for £20,950 what would happen at the small claims court would this be processed to fast track and what would happen if I lost this would I have to pay anything hopefully I want to win the case.

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    Default Re: Horts Lettings

    Hi sloane

    That figure, £ 20,950 would not be clamable, you would have to prove it unfit for habbitation to have any chance of claiming like that, and the other problem you will have, is both the time passed, and that you should have acted at the time.

    The LLs details will iether be on your origional TC or the agent has to give you it, like Diana said.

    Also, the problem with passage of time is proving your points and proving that it was inaction by the agent/LL that cuased further problems. Probebly worth doing a SAR to the agents see what that turns up.

    regards George
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

  16. #16
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    Default Re: Horts Lettings

    Quote Originally Posted by sloane82 View Post
    Because the amount is for £20,950 what would happen at the small claims court would this be processed to fast track and what would happen if I lost this would I have to pay anything hopefully I want to win the case.
    A claim of over £20k would be allocated to the Fast Track where the loser would expect to pay the winner's legal costs (to be agreed or assessed).

    Does any of that £20k rent you intend to claim include payments you received from Housing Benefit during your occupation?

    Quote Originally Posted by Diana M View Post
    One issue being that some of the rent had been paid by Housing Benefit so any compensation you receive would have to be repaid to them (by you).
    see my post # 4

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  17. #17
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    Default Re: Horts Lettings

    To be honest I'll put in for mediation also and go for it see what happens, I did have alot of problems with the flat.

  18. #18
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    Default Re: Horts Lettings

    Quote Originally Posted by sloane82 View Post
    To be honest I'll put in for mediation also and go for it see what happens.
    The court service doesn't provide free Mediation for Fast Track claims.

    It's only available in the Small Claims Court (disputed sum under £10k).

    Di
    I am a Litigation Executive at Joanna Connolly Solicitors a firm which specializes in consumer credit.

    This forumís site rules donít allow me to give advice by PM but if you need to contact me please email di@joannaconnollysolicitors.co.uk . Our initial advice is always free.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

  19. #19
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    Default Re: Horts Lettings

    If I am on a low income then they cannot expect me to pay if I lose is there any help with the costs?

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    Default Re: Horts Lettings

    I don't believe that legal aid is available for civil claims

    It really might help if you could answer this simple question that Di asked you many times

    Was any of the rent you want to reclaim paid for by Housing benefit - if it was you would have to repay it to HB.

    If you lost and had to pay costs, low income or not they could issue a statutory demand and make you bankrupt

    Sorry if all that sounds harsh but I do think you are barking up the wrong tree

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    Default Re: Horts Lettings

    Is there much I can for the problems that have happened can I claim any compensation for the curtains not being put up the rail being ripped down, I could make a complaint to the window company, is there anything I could get back cheers for the advice.

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