Horts Lettings

[sloane82]

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.

[wales01man]

Re: Horts Lettings

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

[sloane82]

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.

[Diana M]

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:

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

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

[wales01man]

Re: Horts Lettings

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

[sloane82]

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.

[Diana M]

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.

Please see my post # 4

Di

[sloane82]

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.

[Diana M]

Re: Horts Lettings

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

[sloane82]

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.

[Diana M]

Re: Horts Lettings

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

[Diana M]

Re: Horts Lettings

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

[sloane82]

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?

[sloane82]

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.

[Crazy council]

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