Housing Disrepair Pre-Action Protocol – need to reply in 20 days!!

Garry I would be very very careful how you deal with this, you need to accept that some ambulance chasing solicitor has taken the case,and their authenticity can be easily checked via Google?

It could well be the tenant is trying it on, but these things have a habit of running away with you and your "cheque book" Section 11 Landlords obligation to repair has only one defense YOU COULD NOT GET ACCESS but each effort to do so needs to have been recorded.

I had one where the tenant tied her husky dog to the bedroom rad' causing the inevitable leak, now it is easy to argue tenant damage, but what about the ceiling damage caused as a result of the leak, who's fault is that?. Long story but in my case the tenant did get legal aid and argued that the damaged ceiling fell damaging her B&A music system and her Rolex watch, the judge accepted the compliant and awarded her £10,000 damages for loss and hurt, I know, I know, I live in Liverpool, it would have only cost a grand to terminate her, never mind the AST, but law abiding citizen and all that,in addition there was £15,000 costs.
I can hear the skeptics now, their must have been more to it than that, but honest there wasn't, I fought it for 5 years which run up the costs, but had to settle in the end on £20k, so if you can find a negotiated salutation even eating a big piece of humble pie and paying her off the sooner you do so the better. Then of course take the other advise and make sure it is suitable for purpose! Good Luck

Hi Gary,

OK, assuming they have both vacated I think it will be difficult for your departed tenants to action this under the protocol because that is intended for use in getting a landlord to do repairs while the tenant is in occupation. A real solicitor will know this and would be unlikely to act on a piece of legislation that did not really apply.

In any case now they have departed the only remedy is damages and they would have to prove a loss or injury in order to make that stick.

The first thing to do is google the solicitor to find out if they are real, then ring them and ask if they are serious and aware of the case. It may be a fake letter.

If they are serious and using the pre action protocol you do have to respond in 20 days or it will hurt your case. Respond with your defence and ask for ADR or arbitration.

They will probably fold at this point because their cause of action is so poor as to be pointless.

Next time do the repairs properly, take an inventory and record all your actions or send confirmation letters or emails to all repair requests or you might end up actually having to pay one of these claims

Reply to the comment left by "Gary Butler" at "23/01/2014 - 15:35":

Not really Gary, you need to ensure the property is good condition at the start of the Tenancy - how can you expect the Tenant(s) to act responsibly if you have not dealt with matters in the first place? Not sure you mean fixings to the cistern or the toilet seat, but the latter frequently work loose in my experience. Surely only a minor job to deal with to create goodwill.

Landlords need to work out a fair and reasonable attitude with the Tenant(s) and then if you have a good working relationship it helps when there are issues which there undoubtedly be during the course of any Tenancy.

@ Michael Edwards

I suggest you re-read s11 L&T 1985.

What on earth makes you think condensation curing is a Landlord obligation under that Statute?

@ Mark today posting 1435 point 3

You are expected to go to dispute and use ADR first. If LL goes to Court instead and tenant defends and says they would have used it but LL got his retaliation in first by instead going to Court Judge is almost certain to refer the matter back for ADR first - because it is free.

Increased number of such action by Judge being reported in legal circles.

Reply to the comment left by "Industry Observer " at "23/01/2014 - 18:05":

Thank you.

Any further general advice to Gary?
.

Gary needs to answer questions put to him by various folks here before further realistic advice can be forthcoming.... maybe its tea-time in the Gary household just now....

Gary,
I have had the opportunity to read your original post and supplementary responses. I am not a lawyer but I generally take the view that sometimes whatever the ‘law’ says people either do not understand it or ignore it – and that goes to arbiters and the ‘judge’ in small claims courts. Consequently life and judgement is more to do with perception than reality.
Firstly I understand this is an end of tenancy dispute – are you not covered by the deposit scheme rules? How much money is involved?
The deposit belongs to the tenant. It is his/her money. You have to prove your claim to any part of it. I presume you know the rules of the deposit scheme? Including options of arbitration? Arbitration is usually free.
You have admitted there is no inventory so how can you prove the house was not in a bad condition at the start?
You have admitted that an electric light was not working and you never repaired it!
Your stated attitude to repairs does not help your position. Unless your lease specifically states minor repairs are the responsibility of the tenant then (in my view) any arbiter will say it was your responsibility – irrespective of whatever the law might say. The average member of the public does not understand the minutiae of the law, and an arbiter does not expect them to either.
The letter you have received is a classic ‘counter sue’ letter but frankly more bluster than substance. It is targeted to demonstrate that you were not a good landlord and are unreliable. Hence the reference to dampness, unsafe electrics, and poor maintenance. Plus anything else they may dream up.
A legal letter quoting ‘gobbledegook’ is usually bluster – an attempt to worry the receiver that they do not understand the position.
Perception is the key.
Whoever goes to court both parties loose.
What makes you think that the tenant or his solicitor is not reading this ‘public board’?
Just some thoughts ….

Reply to the comment left by "CaZ " at "23/01/2014 - 16:58":

Hi Caz,

I also put one in the kitchen so even if they are drying clothes in the bedroom the chances are that the bathroom or kitchen one will pick up the moisture....especially if you crank it to the highest setting of %5 ...... It will come on if the tenant breathes in their sleep.

To stop the tenant switching them off screw a blanking plate on top the the fused socket using longer screws ( like the ones when you have tiled a wall ). Then if they switch it off they have been very determined and delibrate which you can pick up on a flat inspection.

PG

If there's no signed inventory you can say good bye to the deposit as you have
no proof of damage.You could probably negotiate a deal where if they have the deposit
back they will give up any legal action. As I said before it's not a case of who's right and wrong it's a case of learning a lesson and moving on (as cheaply as possible)

As a rule of thumb I try to action tenants demands, justified or not, as much as I can. If you can build a relationship of trust and professionality during the tenancy they tend to stay longer and treat the place with more respect. They are the reason I don't have to go to work every day... I need them more than they need me.
Theres almost nothing I won't do to make them happy!