3 years ago | 9 comments
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
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Member Since December 2023 - Comments: 16
9:56 AM, 1st March 2024, About 2 years ago
But at check in they didn’t raise any issues or chase up any problems And what are they claiming for losing? A window they didn’t mention for 3 years? It couldn’t have bothering them that much?
The rotten corner was significant enough for the agency to let it without concerns or inventory to say to me to repair or tenant to mention it..
Member Since March 2023 - Comments: 1506
10:23 AM, 1st March 2024, About 2 years ago
Reply to the comment left by Alice at 01/03/2024 – 09:56
I disagree .. if you knew the window was rotten is it up to the tenant to ask for it to be replaced. The landlord has a duty of care to the tenant and it would have been obvious that the windows would need replacing at some time. OK, if the landlord didn’t know about it then thats a different matter, but he did.
Member Since December 2023 - Comments: 16
2:32 PM, 1st March 2024, About 2 years ago
It was not obvious as the area was a corner and lik anything over time needs attention but only when needed
The agency letting the property were happy to let it in the condition and inventory didn’t flag any immediate attention and nothing was broken
Presented in good condition as described in inventory nothing specific about the windows
If it’s age then deterioration must be flagged by whoever is in there?
A landlord cannot be telepathic?
Member Since December 2023 - Comments: 16
2:35 PM, 1st March 2024, About 2 years ago
Many older properties have a little rot here and there but just needs watching – whoever is in there are the eyes to watch and report ?
Member Since September 2022 - Comments: 198
7:10 PM, 1st March 2024, About 2 years ago
Alice you admitted rot damage at check in. This was only going to get worse over time so why wait until the tenants flagged it up 3 years later. This is what the solicitor/courts will work on. Did you discuss this situation at 6 monthly inspections as to their concerns and what your intentions were to resolve? Yes old properties do sometimes come with problems but those problems need rectifying. Sorry….I know this is stressful and you feel you have a point and you probably do but from
my experience, allowing this to go to landlord bashing court will not likely go in your favour financially.
Member Since December 2023 - Comments: 16
7:16 PM, 1st March 2024, About 2 years ago
The property / windows were not in disrepair at check in.
The tenants didn’t keep it clean or air or pay on time.
I will be clear that the inventory at check in presented as fresh clean property.
Windows old but even my own house has a bit of wood rotten if look you close . I would not have classed these windows as in disrepair at check in.
Member Since December 2023 - Comments: 16
8:08 PM, 1st March 2024, About 2 years ago
I have made a compensation offer £3k in costs with consequence of part 36 as it’s not an offer with separated costs ( was advised to inc costs as per instructions of my barrister) ..no reply and it’s over 21 days now.
Is there be a time limit?
Member Since November 2015 - Comments: 584
10:31 AM, 2nd March 2024, About 2 years ago
Reply to the comment left by Alice at 01/03/2024 – 20:08
Hi Alice, I don’t know the answer to that I’m afraid. Couldn’t your barrister give you that information?
They have all the relevant information about the case and should be in the best position to advise you. I can’t think anyone here will have a solution for you that your barrister hasn’t thought of. I’m sorry you’ve been hit by these ambulance chasers and I hope you can resolve it soon.
Member Since March 2023 - Comments: 1506
10:33 AM, 2nd March 2024, About 2 years ago
Reply to the comment left by Kate Mellor at 02/03/2024 – 10:31
By the time you have spoken to a barrister at their rates you might as well have paid the £13K claim as it would likely work out cheaper.
Member Since December 2023 - Comments: 16
10:40 AM, 2nd March 2024, About 2 years ago
Reply to the comment left by GlanACC at 02/03/2024 – 10:33
These tenants have claimed benefits since covid £1400 a month covering their rent plus more
They left it filthy and not looked after
They paid weeks late consistently
I dealt with every white goods and boiler problems every step of the way and this last trip as they left they have me over a barrel because of the one aged window in particular with a corner of it that was not picked up on.
A judge will see I have been a conscientious and patient landlord and when flagged up the issue to me by the tenant I dealt with it.
The property was in good presentable condition to start.
There has to be some common sense applied when making a claim
They are clearly out to get some free cash