Counter offer sent to tenants but no reply!

Counter offer sent to tenants but no reply!

0:01 AM, 27th February 2024, About 10 months ago 42

Text Size

Hi, I rented out my Edwardian flat from 2017 to 2023 with as described in the inventory as ‘heavily aged ‘ windows and one window was ‘‘rotten top right-hand side”)

Tenants took on property happily renewed in 2019 and in 2020 complained of a broken window frame to me via WhatsApp as they communicated problems this way. I replaced it and they said ‘just to let you know the other windows are going that way’.

They renewed again in 2021 and 2022 and they emailed the agency to complain about mould-ridden other windows (the agency only collected the rent and did not manage it – I did)

I missed this email.

The agency rang me and I fitted a new window in March although it was ready in February but tenants handed in their notice so I waited a month until they were out.

They left the place filthy and battered!  It was as if someone had had a party there and trashed the place. Heavily worn.

Cost £14000 to re-decorate and put windows in.

The tenants went to no-win no-fee lawyer and filed a disrepair claim wanting compensation £13500 plus legal fees I’ve offered £3000 including legal fees and I’ve had no reply. That was 2 months ago, what do I do now?

Thanks,

Dione


Share This Article


Comments

GlanACC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:07 AM, 27th February 2024, About 10 months ago

So they haven't taken you to court yet. You have offered compensation and no reply, you might as well sit on it until you here from them again.

RoseD

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

11:25 AM, 27th February 2024, About 10 months ago

So is the implication that you've rented a property that wasn't fit for purpose due to windows? Do you have before and after pics as evidence. These tenants were long term and unless I've misunderstood you have replaced some windows during the term of tenancy. You have admitted some liability by making a compensation offer. What have you based that offer on? As horrible as this is I think I'd be seeking legal advice. Good luck!

David Houghton

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:53 PM, 27th February 2024, About 10 months ago

The question is what evidence is there.

What evidence. I.e expert evidence you did not attend to repairs.

What evidence have you got they left the place a tip

Last time I fought one of these, the claim was for 15k. They had 3 expert reports. The judge knocked 700 of the rent arrears.

There is a housing disrepair pre acting protocol. Start by reading thst

David Houghton

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

12:56 PM, 27th February 2024, About 10 months ago

The question is what evidence is there.

What evidence. I.e expert evidence you did not attend to repairs.

What evidence have you got they left the place a tip

Last time I fought one of these, the claim was for 15k. They had 3 expert reports. The judge knocked 700 of the rent arrears.

There is a housing disrepair pre acting protocol. Start by reading thst

Oh and make sure your offer complies with Part 36 of civil procedure rules. Then you are protected from further costs

Kate Mellor

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:13 PM, 27th February 2024, About 10 months ago

It sounds from your description that you haven't carried out any inspections during or between tenancies, so you were not in a position to be aware of any deterioration of the condition and the tenants didn't make much of an effort to inform you or complain, aside from one email which wasn't followed up. Generally it's required for a tenant to have made some reasonable level of effort to inform the landlord of repair issues, so whether your failure to follow up one email is worth such a large sum of money seems quite doubtful to me.
Surely a claim for disrepair must reflect some sort of loss incurred by the tenants? What is it they're claiming they suffered by the disrepair? Illness? Damaged belongings? What was the level of rent like compared to others in the area? Did it reflect the condition? I presume as you had an inventory that you had detailed, dated photos of the interior prior to the tenancy commencement and that you have detailed move out pictures/videos? Do you also have quotations for your repairs? Is the damage consistent with their complaints? It sounds as though it's clearly tenant damage as you describe it as looking like a party aftermath. Rather than offering to settle, from the details you've described, I'd be submitting a counterclaim for tenant damage to your property. You've then got something to barter with. Otherwise you'll end up doubly out of pocket! Don't be so intimidated by these tactics that you let them victimise you. You are no doubt not perfect and may have made some errors, but I think you have grounds to fight back. Before you do anything you should think about engaging a firm such as Landlord Action for example, (not just a high street solicitor). They are registered with the solicitors regulation authority, so they can respond to your tenant's claim directly to the solicitor firm and put forward a challenge. These firms won't waste their time and money on a case with little chance of success for the work involved. The money return is too low and too uncertain. They are also terribly SLOW! Just show them you aren't an easy target and you have a valid challenge waiting for them and they will lose interest! They're looking for quick easy wins and preferably a settlement.

Kate Mellor

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

13:17 PM, 27th February 2024, About 10 months ago

Reply to the comment left by David Houghton at 27/02/2024 - 12:53
Good advice!

Alice

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:13 AM, 1st March 2024, About 9 months ago

Thank you all for your much appreciated time to advise me here.

Counterclaim is tricky as they’d been in there 6 years so it’s difficult to differentiate between wear and tear and I’d need to repaint every x amount of years anyway?

The windows were old to start but mould was their lack of cleaning and airing as condensation clearly in mapped area behind pvc half shutters and not above the shutters so they’d not pulled shutters away.

They are claiming suffering from drafts but even if the aged cracked windows were drafty ( which they could not have been as mould had brewed so no air ventilation) there were pvc shutters blocking the draft!

There was no w pert report as windows ready to be fitted but delayed a month because they handed their month notice so fitted as soon as they’d moved out.

I did this so as to limit compete disruption during their last month of stay!

I’d no idea at the time they’d March straight to a lawyer.

Inventory checkin described the property in good clean condition

Windows clean to interior albeit aged heavily and a corner rotten to frame but not enough to flag up replacing and tenants didn’t flag it up for another 3 years ..

First windows replaced in3 months

Second windows with picture etc sent to wrong person nor direct to me fixed in 8/9 months

Their lawyer is saying because it was stated in the inventory as rotten in one corner and heavily aged that I was aware of the problem.. so compensation due from 2017!

Not brother just aged tgough.. so surely you’d only replace when notified of broken or not working..?

Alice

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:23 AM, 1st March 2024, About 9 months ago

Typing errors - inventory the windows were not broken - but just heavily aged - they didn’t flag up any problems for another 3 years- until first window pane broke so I changed frame of this one within 3 months

The second within 8 months .. but they back dating me being aware of problem from checkin 6 years ago

My calculations for 3 k is based on 156 days from the delay from email date to the date I got builder around to start process -

Alice

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

8:25 AM, 1st March 2024, About 9 months ago

I’ve spent £2800 on legal fees to date

GlanACC

Become a Member

If you login or become a member you can view this members profile, comments, posts and send them messages!

Sign Up

9:37 AM, 1st March 2024, About 9 months ago

You admitted in the check in a rotten window, so you were aware of the problem. (good job it wasn't an HMO or you wouldn't have got a licence) - Unfortunately the tenant seems to have a solid claim., but £13,500 seems a bit much. Unless you can settle out of court it will be decided by a judge (and more legal fees) - Fines, penalties, damages and the legal costs associated with them will not be allowed as deductions when the penalties are for infractions of the law, however have you broken the law ? - in which case any claim will be tax deductable

1 2 3 4 5

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Automated Assistant Read More