Damage to property

by Readers Question

8:06 AM, 27th February 2014
About 7 years ago

Damage to property

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Damage to property

My ex partner leased a house from 2009 until 2012 he then had an affair and left, during our relationship he was violent and caused damage to the property.

I had nowhere else to go and with 3 small children I felt my only option was to take out a new lease In my name to enable me to stay in the property.

I requested that they did a new inventory before I signed the lease bearing in mind this was a totally new lease, they never did and I just signed a tenancy agreement. I later found somewhere else after handing in notice and after 10 month I have debt collectors on my door demanding I pay £4500 in chargeable repairs to the property, this was the first I have heard about any of it. Damage to Property

Where do I stand as I have had no break down an never signed a new inventory with my new lease.

Bianca

Comments

Romain Garcin

9:19 AM, 27th February 2014
About 7 years ago

In tenancy 1 Bianca was jointly and severally liable, and in tenancy 2 she was solely liable.
Therefore I think that there is not much point arguing about any inventory at the beginning of tenancy 2 or whether damage was caused in tenancy 1 or tenancy 2... She's on the hook either way.

That said, I find it odd that that much damage was never mentioned until debt collectors showed up. Are we getting all the facts?

Robert Mellors

9:22 AM, 27th February 2014
About 7 years ago

Reply to the comment left by "r01 " at "27/02/2014 - 09:07":

Sounds harsh r01, could have been more tactful perhaps, but still very true! Professional landlords see this situation time and time again, and we know there is a personal story behind each case, but it does not stop what r01 says being all too true.

Bianca B

9:25 AM, 27th February 2014
About 7 years ago

This was never a joint lease. It was soley in my exs name for 3 years. Then I asked for a new inventory to be done when I signed the new lease into my name.

Gary Nock

9:42 AM, 27th February 2014
About 7 years ago

Romain I agree. Listening to one side and making decisions on things like this always have a caveat. Having said that if she was in occupation on both tenancies then on the balance of probabilities she is liable and rightly so. But she needs to check if there is a CCJ against her and what evidence LL has of the costs. If no CCJ then its negotiation time with LL. Also was damage reported to police? If so then if he is arrested, charged and convicted then Courts can order compensation. Or the errant partner can agree to pay compensation in exchange for a police caution if the police in that area run a restorative justice scheme.

But the bottom line is....you were a tenant on both tenancies so you are the easiest target for the LL.

Industry Observer

10:08 AM, 27th February 2014
About 7 years ago

@ Robert

Everyone should at least have a post tenancy contact address as per PI notice

@ Romain - Hi, disagree slightly I think this distinction between tenancy 1 and 2 does matter because in the item which does need more facts, it sounded as though it was the property condition end of tenancy 2 that the debt and claim arose from.

If tenancy 1 ended which it did with tenancy 2 starting, and if the claim was not made jointly against both tenants within a sensible time frame to provide suitable evidence end of tenancy 1, I think the fact that for tenancy 2 there was no inventory is very interesting, relevant and useful to her if the debt is after property assessment end of tenancy 2. It must be surely, otherwise no Landlord in their right mind would have granted tenancy 2 would they?

Another point - if they did then loooks a bit odd to re-let to a tenant known to have caused damage in tenancy 1, doesn't it?

Plus of course there is as usual the TDP position - how was that handled in both tenancies, she could make a claim as an ex joint tenant under tenancy 1 as presumably the deposit was not returned and tenancy 2.

That is where she should be looking and taking advice as if there was a deposit on both then if a section 213 claim can be mounted as a counterclaim it is going to be return of both deposits and at least x1 on both too. With an agent involved probably at least x2

A useful bargaining tool at least.

@ Gary

To avoid a CCJ you have to pay within 28 days otherwise it is registered, so too late to avoid that I'd suggest.

Gary Nock

10:16 AM, 27th February 2014
About 7 years ago

Hi IO,

Depends if LL has just put it out to debt collectors on "no collection no fee before starting CC claim" Some agencies will take debt collection on without a CCJ and then if they fail to collect will pass it back to LL.

Neil Patterson

10:48 AM, 27th February 2014
About 7 years ago

Was Bianca actually party to the first tenancy?

Industry Observer

11:03 AM, 27th February 2014
About 7 years ago

@ Gary

Don't understand. I am referring to Court procedures and whether or not debtor has paid as ordered by the Court. You cannot just go straight to CCJ registration the debtor still has to be given time to satisfy the Order to pay. I say 28 days I suppose it is 28 days from a demand for payment which if the tenant was in Court would be aware of and clock ticks from that date.

The detail is in the Papers then issued to the debtor and I think you'll find that warns them if they haven't paid it within 28 days the claimant can then apply to have it registered.

@ Neil

That is a very good point indeed and one that everyone has missed. The opening statement is "My ex partner leased" not "I leased with my ex partner"

Very good point as if he was sole tenant she has no liability.

I still say no inventory tenancy 2 means she has no liability under than tenancy

Bianca B

11:10 AM, 27th February 2014
About 7 years ago

I left the property in June 2013 had contact with the letting company right up till sep about 1 months rent arrears there was never any mention if me owing money other than the one month rent arrears (witch i have paid off) so they had 3 months to let me know and in the 50 or so emails there is no mention at all.

Bianca B

11:15 AM, 27th February 2014
About 7 years ago

There is no CCJ in place it was just a debt collector at my door asking for payment he advised me that I Gould make a minimum of £5 a week while I dispute this matter and they ask for a break down in so called costs to avoid the letting company taking it to court.
I'm still dumbfounded as to why they can not provide me with the costs
The letting manager phoned me las night to say she was Willing to cut a deal. It i was to pay 3k in 14 day they would give me a glowing refferance.
My position is I wanted a break down as to why they the I am liable and what for.
They can not answer me.

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