Damage to property

Damage to property

8:06 AM, 27th February 2014, About 10 years ago 43

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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


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Comments

Neil Patterson

11:15 AM, 27th February 2014, About 10 years ago

The fact Bianca was not party to the first lease see a few above changes everything.

Neil Patterson

11:17 AM, 27th February 2014, About 10 years ago

I am on train with v slow Internet if someone can take over for me please

Bianca B

11:18 AM, 27th February 2014, About 10 years ago

Hi Neil no I was not in the first lease. I have 3 young children and no family so I had no other choice but to take out a new lease witch I have in writing I requested a new inventry to be done. They never did one and the lease was signed into my name.

Mark Alexander - Founder of Property118

11:24 AM, 27th February 2014, About 10 years ago

Bianca, I missed a vital point earlier for which i apologise and well done Neil Patterson for asking the question which has changed everything. I retract my initial comment and wish you all the best, neither the agent nor the landlord stand a cat in jells chance of getting a penny out of you if this goes to Court and everything you said here can be proven.

Good luck
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Industry Observer

11:41 AM, 27th February 2014, About 10 years ago

Well, well, well so there were more facts then.

Changes a few things? Hardly this changes everything.

If we ignore rent and assume the claim was damage only if it was first tenancy they have got the wrong person and this can be set aside. She wasn't a party to the contract and so unless criminal damage can be proved - that she wrecked everything - then there is no liability under tenancy 1.

On tenancy 2 there can be no liability as there is no inventory. Without an inventory where do you start?

Next question to ask Mark - what was the Court and Case number my guess is there is no Court Order and there is no potenatial CCJ here.

This is simply an alleged debt that has been passed to bully boys and an agent hiding the facts, which are that there is no liability and as the ex thumped people and probably cannot be found the landlord is chasing the softer target of Bianca.

Let the Landlord show there is a legal judgement against Bianca I just fail to see how there can be.

Mark Alexander - Founder of Property118

12:24 PM, 27th February 2014, About 10 years ago

@IO - I now agree with you, shame you didn't think to ask the question that Neil did either though
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Industry Observer

12:41 PM, 27th February 2014, About 10 years ago

Mark

Never had you down as a bad loser what's the matter with you today? I seem to recall you saying the other day something to the effect of doing thorough research before posting things? Maybe that meant guest articles.

Anyway I'm not perfect (damned good but not perfect) and I see no-one else asked either not even my new best friend Romain but don't worry I'll take one for the team.

By the way another disadvantage of periodic tenancies is that it is almost certain, no matter how well drafted to tie them in for ever, a Guarantor can serve a month's notice on a monthly tenancy to cease their Guarantee of it.

Neil Patterson

13:07 PM, 27th February 2014, About 10 years ago

Thanks IO, you try spending all day on the train with him lol

Tom Doolin

16:15 PM, 27th February 2014, About 10 years ago

What a superb post. Reading it was like watching a game of ping pong.
There was the initial sympathy towards the OP’s position which quickly evaporated following the next few postings. Then as more people joined in and different points of view were expressed the pendulum travelled back and forth until the hard facts began to emerge. Once these were out in the open opinion swung firmly in favour of the OP.
I was impressed that early contributors acknowledged they had been hasty in their judgement and were man enough to admit to their flawed thinking and publicly changed their mind.
A salutary lesson to all of us who jump to conclusions before we are in possession of ALL the facts.
Credit to Bianca B for having the guts to stick with the post and respond to some of the criticism. It might have been so much easier for her to read the first few posts and leave the website thinking that it was only for greedy Landlords who were all going to stick together, whatever the facts.
This thread clearly demonstrates the value of “Property118” to all parties to a Tenancy.
Of course this comment might come back to bite me on the bum if Bianca is ever convicted of murdering her ex and burying him in the cellar of their once happy home.

Industry Observer

16:25 PM, 27th February 2014, About 10 years ago

A very good post Tom.

No-one on P118 really seeks to score points off each other though infrequent supporters who only get to the occasional home game might wonder sometimes but it's all well meant banter.

We just have robust opinions, usually pretty well informed and if not certainly well intentioned, and knock the edges off as we bump our way along the route to the end solution!!

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