Ex tenant trying to sue me for personal injuries!

by Readers Question

9:58 AM, 6th April 2018
About 6 months ago

Ex tenant trying to sue me for personal injuries!

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Ex tenant trying to sue me for personal injuries!

In all the years I have done property I have never come across this. My ex tenant is now trying to sue me for personal injuries.

She reported a leak to the letting agent. I sent the plumber straight out as soon as she reported it and he found that the tap had a slight leak on it and did say that it had been leaking for a while. He then bought a new tap and fitted it (job done).

Now the tenant has decided to try to make herself and her son and her friend some money. She is now claiming that there was a puddle of water in the kitchen and she has slipped on it…… Wait it gets better, so the tenant slipped on the puddle of water at 12:30 (afternoon), then at 13:00 the tenants friend went into the kitchen and made a coffee and turned around and also slipped 30 minutes after the tenant. The next day the tenants son who is only 14 also slipped at 10:30 (at night).

The whole claim is obviously a scam to try to get money out of me. This all comes after I emailed the tenant to let her know how disgusted I was of the way she left the property, kitchen cupboard doors off left on the floor, internal doors with holes in walls with holes in every carpet black and ruined. The tenant also left wardrobes beds etc. The property was left in a terrible way all internal doors need replacing the kitchen needs refitting and new doors replaced etc. I won’t go on to much about how it was left but am sure you get the picture.

I emailed the tenant letting her know that I had the full inventory and pictures what she signed at the start of the tenancy to say the property was in good condition. After this she flipped and started saying she fell over after the kitchen tap was leaking and so did her friend and her son. Obviously the plumber who attended said this was absolute nonsense as the leak was only very slight and there was no water on the floor at all.

I have received a letter now from a solicitor informing me they they all want to put a claim in against me!! I seriously can’t believe a solicitor would take this case on!! The tenant treated the house terrible and I always done repairs when asked to do so.

I was just wondering if anyone else has experienced anything like this before ?

Steve



Comments

Neil Patterson

10:01 AM, 6th April 2018
About 6 months ago

Hi Steve,

This is obviously utter nonsense.

This should be no problem if you report it to your Landlords Insurance company and ask the tenant to make a claim. The insurance company will then threaten to take criminal action for fraud. That should kill it stone dead.

AA

10:18 AM, 6th April 2018
About 6 months ago

Not even a cats chance in hell - there is no negligence on your part whatsoever. There has to be a reasonable time to allow you to do the work and you acted immediately. Counter sue them ! Others in this forum would be able to suggest grounds.

Mark Alexander

10:19 AM, 6th April 2018
About 6 months ago

Reply to the comment left by Neil Patterson at 06/04/2018 - 10:01
I agree with Neil.

terry sullivan

10:42 AM, 6th April 2018
About 6 months ago

has a lawyer taken this on?

Luke P

10:45 AM, 6th April 2018
About 6 months ago

Agreed that it’s all nonsense, but beware your insurance company doesn’t just pay out as ‘it’s the most economical…ahem…solution’. It has been known to happen.

The Property Man

10:53 AM, 6th April 2018
About 6 months ago

Thanks for all your replies, Yes Terry I have received a letter from a solicitor asking for a response in line with pre action protocol. Also Luke that’s what I thought sometimes insurance companies pay out so the bill doesn’t escalate. It’s absolute rubbish and I am shocked a solicitor has taken the time to even draft up a letter (or get his assistant to). I think after they see the move in inventory and the state the house was left in this should go in my favour because of how the tenant lived.

Chris Daniel

10:58 AM, 6th April 2018
About 6 months ago

Reply to the comment left by The Property Man at 06/04/2018 - 10:53
Solicitor is probably claiming Legal aid as its a Health and safety - injury related claim.
Solicitors letter should be immediately referred to your Insurance company ( that's hoping you have legal protection cover with your policy )

Martin Crossley

11:04 AM, 6th April 2018
About 6 months ago

Unfortunately the condition they left the property in has nothing to do with their claim and neither does how they lived. I doubt any court would take that into consideration as the claim is a leak lead them to slip. Ridicules as it is that is how the court will look at it. You need to get a statement from the plumber. Did they mention the falls to him or when they reported the leak? If not enough water to cause a hazard and they only mentioned the falls after you contacted them about the state they left the property in that is circumstantial evidence they only thought of it at a later date. As stupid as the claim sounds do not dismiss it – it might come down to you having to prove it did not happen which will not be easy.

Ann Shaw

11:13 AM, 6th April 2018
About 6 months ago

Hi Steve,
Let your insurance company handle this straight away. On a separate matter, did you take a bond? If so, what is the status of the bond given the state the tenant left your property? Register with http://www.landlordreferencing.co.uk (FOC), and upload this/these tenants details, i.e full name, DOB. Therefore, any future prospective landlord can search http://www.landlordreferencing.co.uk's database, so no other landlord will give this tenant a tenancy. The website is ICO approved. You've been dealt a very bad card, best of luck!!

Mike

11:17 AM, 6th April 2018
About 6 months ago

If a Kitchen tap is leaking ( dripping) the water would land in the sink, not on the floor, it is a malicious claim, why did she not report her slip to anyone before, and present a hospital report along with camera evidence, she stands no chance of making this claim a success, and probably has wasted her money paying her solicitor, Also it seems like the poor Solicitor is very desperate for work!
Classic example of rouge tenant.

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