Letter of claim from no win no fee solicitor?

by Readers Question

13:41 PM, 18th September 2020
About a month ago

Letter of claim from no win no fee solicitor?

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Letter of claim from no win no fee solicitor?

I served a S21 on my tenant. Since then, he has been on a mission to hurt me! He has now got a no win no fee solicitor who has sent me a letter of claim for disrepair.

The tenant has refused access to the flat for many months. Workmen have been turned away. I now have a solicitor to help with a s8 because of anti-social behaviour and the Police have issued a CPW, but he doesn’t care.

The solicitor agreed to send me the housing protocol (the protocol says he should have sent it without me having to ask). Anyway I sent every bit of evidence I had including 240 pages of messages. I assumed it had all been received. I realised on Wednesday this might not be the case.

I resent everything again. It is day 20 today, so I have to send my reply. My solicitor is away until next week, and I am on holiday.

I think he is not acting in the spirit of the protocol by refusing to allow me time to discuss with my solicitor before he sends a surveyor to the property on Tuesday at a cost of over £1000. I cannot appoint a joint surveyor because of coronavirus.

Can anyone offer me any guidance?

I am so stressed

Barbara


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Comments

The Secret Landlord

8:40 AM, 19th September 2020
About a month ago

What a stressful situation, I'm sorry. You need to get legal advice. Surely there's someone who is covering for your solicitor while he is on holiday? Do you have a legal helpline on your insurance? Call them. Else, call a landlord organisation and get advice.

John Mac

9:03 AM, 21st September 2020
About a month ago

Join the NRLA ASAP & use their Legal Helpline. If you would like a discount code - just ask 🙂

Lindsay Keith

9:11 AM, 21st September 2020
About a month ago

I am a retired solicitor albeit neither conveyancing nor L&T but the above is excellent advice. 'Horses for Courses' remains true.
Best of luck, you seem to have nasty pieces of work on the other side! Very few of these ambulance chasers have great merit behind them.

graham.bowcock@oakwoodvaluations.co.uk

9:25 AM, 21st September 2020
About a month ago

Besides the obvious fact that you need to quickly speak to a solicitor, my query is over the appointment of a joint surveyor (or rather lack of). Why can a joint surveyor not be appointed? I act as a Single Joint Expert (SJE) and have been accepting appointments with agreed access (risk assessed, of course). It seems a nonsense to say that an SJE cannot be appointed here - sounds like they are trying it on!

Dylan Morris

10:20 AM, 21st September 2020
About a month ago

What exactly are the disrepair issues ?

Mike

12:14 PM, 21st September 2020
About a month ago

As far as i am aware, any complaints made by a tenant after serving a Notice to quit, can be seen as retaliatory response, and as he has refused you previous visits to inspect your property or to allow repairs to be carried out prior to you serving the notice is a strong evidence that the tenant was not at all cooperating with you from well before you had served him a Section21 notice, which is why you had to evict him for his refusal to allow inspections and carry out maintenance work, so therefore his lack of cooperation is the result of you having to serve him with an eviction notice, hire a good solicitor, or as suggested above, and take this rat to court for his final eviction.

Barbara Farrington

8:56 AM, 22nd September 2020
About a month ago

Thanks for the helpful comments. My solicitor is on the case. This is clearly a money making exercise. Mr no win no fee refused to postpone the surveyor (£880 plus vat) he booked before my reply ! I have read many cases where landlords pay out of court. I will live in a tent before I let them manipulate the truth! The repairs relate to mould caused by the tenant and a small hole in the bathroom ceiling. Roofers have attempted repair so as the tenant will not allow access it may or may not be resolved!

Barbara Farrington

9:00 AM, 22nd September 2020
About a month ago

Reply to the comment left by Dylan Morris at 21/09/2020 - 10:20
Small hole in bathroom ceiling from a leak,according to the tenant. Access refused so Roofer’s did some work on the chimney as possible remedial work. Mould behind settee pushed against outside wall, tenant using paraffin heater, tumble dryer in bathroom and has built a partition splitting the room into two. All preventing air flow. Tenant refuses to take the partition down. Oh and he has fishing tackle behind the partition as he is a hoarder!11

The Secret Landlord

9:09 AM, 26th September 2020
About a month ago

Barbara, have you contacted your insurance about this? I'm hoping you have the legal expenses on it. I'm sure if you call them they will assign a legal expert. I have had issues in the past and I have found this to be invaluable.


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