advise on what you can claim for in small claims court

[goody1234]

Hi

 

I was wondering if someone can help me with what i can and cant claim for?

 

I rented a property of the local council which have a management company.

I got a mains water leak which was reported straight away. The company sent loads of wrong men out and then said it was fixed when it wasn't. I had to call and harass so many people to get them to listen that the leak was not fixed. I was called a lier and ignored. All complaints logged disappeared. They then said they would not fix unless i sign a disclaimer which I refused and then i went to the local MP for help who assigned me a local councillor. He went straight to the council to fight my corner and got me moved. This went on over 4 months. It would have been longer if I wasn't so persistent. There was black mould and damp that had risen up the entire house. I did get evidence of it all. I hired a dehumidifier as the council didn't seem concerned to help with any of the smell and dampness. I have a 1 year old and a 8 year old with autism. It not only effected our health but the stress having to fight every day to get my children somewhere healthy to live. I have been a good paying tenant for over 5 years.

 

As I moved the extent of the damage became apparent. not only had they ripped my wooden flooring for no reason as it was under the kitchen but the damp and mould had spread to the kids room and mine. A lot got thrown but also I have to get all my suits dry cleaned as have mould all over them as they were in a built in wardrobe above the kitchen where the leak started.

 

So why i am on here is i need advise on what i can put into a claim.

 

I asked the council for basic money back for the stuff damaged due to them saying it was fixed when it wasn't and also hire of the dehumidifier but also rent for a property that was inhabitable. My son fell through the wall it got that damp.

 

This is a list of the stuff I asked for:

Wood Floor £940 (quote from a company to replace flooring from old property)

Mattress 5ft £374.99

Single mattress £94.99

Cot mattress £34.89

Hire of Dehumidifier £504.00 inc VAT 7 Weeks

Rent from 21st August 9th November £1169.96

Cloths in the bedroom above kitchen all need dry cleaning as suits and coats, what i can wash in my washing machine i have done 13x @ £6 =£ 78

Sofas £1200

Babies cot £150

rope storage box £40

I did not put compensation as I just wanted to replace what got damaged. They came back with 500 good will and 500 off rent.

 

Can you put in a claim for things we have not replaced as of yet? IE wood floor?

 

All advise welcome.

Thank you

[AndyOrch]

All the above plus interest (section 69 8%) which I assume you have already requested in your claim ?

 

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became due] to [date of issue of claim] of £[interest so far] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [daily rate]

 

Andy

[goody1234]

Thank you for your reply

 

As some of the items on the list is quotes can you still claim for it?

 

Also i am guessing you can not claim interest for product thats not been paid for yet.

[AndyOrch]

Thank you for your reply

 

As some of the items on the list is quotes can you still claim for it? No

 

Also i am guessing you can not claim interest for product thats not been paid for yet.

Correct

 

You can only claim if you have actually paid for and replaced your losses.Otherwise it becomes an insurance claim assuming you have insurance ?

[goody1234]

Hi not sure if i came across correct. I have bought the stuff damaged but I haven't bought replacements yet if that makes sense. IE the wood floor I have not yet bought new flooring and furnished the new place as it needs so much work and is going to take us ages to do. All items I am claiming for have been paid for previously. Also do you put compensation down or removal costs and so on? thank you for your help

[AndyOrch]

Right so cost all the above up and make that your claimed loss...with regards to compensation ..there is none you are claiming the value of the replacement already...removal costs of what?

 

Andy

[goody1234]

removal van and cost to move.

 

can you confirm we can go through the small claims court for "claims loss"? Sorry to keep asking this is all new to me. So the list I gave, can I claim for all of this? I have not yet replaced it all but I have evidence of damage.

Wood Floor £940 (quote from a company to replace flooring from old property)

Mattress 5ft £374.99

Single mattress £94.99

Cot mattress £34.89

Hire of Dehumidifier £504.00 inc VAT 7 Weeks

Rent from 21st August 9th November £1169.96

Cloths in the bedroom above kitchen all need dry cleaning as suits and coats, what i can wash in my washing machine i have done 13x @ £6 =£ 78

Sofas £1200

Babies cot £150

rope storage box £40

 

Thank you

[AndyOrch]

You must write a letter before action to your local council / management company before you instigate a claim against them.

 

I will ask again ...do you have home insurance?

[goody1234]

We are going to write them a letter advising our actions.

 

We don't have insurance.

 

Thank you