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Timster

Small Claims Court

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I wonder if anyone with experience of the courts can help answer my query. I was living in a new build apartment block. The water cut off for approximately 7 days and I lived in a hotel during most of that time as it was unbearable. This was seven months ago. I moved several months ago. Despite promises over the phone and insinuations in letters from them (a Ltd company - the landlord), they never paid me compensation. They even verbally promised me to send me a cheque for £250 at the end of May. Never received it, no response from them. Now I feel I have no alternative, but to sue. How much should I claim (e.g. the rent for those 7 days (which is greater) or the cost of the hotels?). Also, they never sent me the receipts for the "delapidations" deductions when I finally moved out - I had agreed in writing to the amount only if they sent me the receipts. They claimed to have sent them, but didn't have copies on file (I actually said I wanted copies to avoid such a situation). Can I sue for that if they can't prove the costs were genuine (and in the same suit)? Anything else I can add to the suit (e.g. distress? - having come back from holiday, it was kind of distressing to find you couldn't flush the toilet, have a shower or anything else). Finally, the tenancy agreement did state the landlord was responsible for the maintenance of utilties.

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Guest muttley

I would have thought that you would only be able to claim for 7 days rent if you are doing this through the Small Claims Court. If you're going to claim for stress (not advised) you'll need a solicitor, as it is difficult to quantify.

The CAB will be able to advise you better.

Do you have anything in writing to show you were without utilities for the 7 days?

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I have only letters from them admitting to "major disruptions to water supplies over the Xmas and New Year period" and such like. I have the hotel bills for one off stays during this time. I'm of the understanding that civil cases are won on the balance of probabilities rather than beyond reasonable doubt. Do I have a case?

Also, can unproven charges for "dilapidations" (i.e. a removal of a carpet stain cost me £80) be put in the same claim if I have proof that I would only accept the charges if receipts were provided?

Thanks

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  • 301 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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