Counter offer sent to tenants but no reply!

Counter offer sent to tenants but no reply!

0:01 AM, 27th February 2024, About 9 months ago 42

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Hi, I rented out my Edwardian flat from 2017 to 2023 with as described in the inventory as ‘heavily aged ‘ windows and one window was ‘‘rotten top right-hand side”)

Tenants took on property happily renewed in 2019 and in 2020 complained of a broken window frame to me via WhatsApp as they communicated problems this way. I replaced it and they said ‘just to let you know the other windows are going that way’.

They renewed again in 2021 and 2022 and they emailed the agency to complain about mould-ridden other windows (the agency only collected the rent and did not manage it – I did)

I missed this email.

The agency rang me and I fitted a new window in March although it was ready in February but tenants handed in their notice so I waited a month until they were out.

They left the place filthy and battered!  It was as if someone had had a party there and trashed the place. Heavily worn.

Cost £14000 to re-decorate and put windows in.

The tenants went to no-win no-fee lawyer and filed a disrepair claim wanting compensation £13500 plus legal fees I’ve offered £3000 including legal fees and I’ve had no reply. That was 2 months ago, what do I do now?

Thanks,

Dione


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Kate Mellor

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10:40 AM, 2nd March 2024, About 9 months ago

Reply to the comment left by Alice at 01/03/2024 - 20:08
https://www.stevens-bolton.com/cms/document/part_36_client_guide__april_2013_new.pdf
I found this information about part 36 offers which seems to say that there isn’t a time limit per se. It’s worth reading in your position. It’s written in layman’s terms which helps.

RoseD

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10:59 AM, 2nd March 2024, About 9 months ago

Reply to the comment left by Alice at 02/03/2024 - 10:40
Alice I doubt there's anyone who wouldn't empathise with your situation. Low life blood suckers who are aided and abetted by professional legals who will take more than half of whatever is awarded. So unfair but typically landlords are seen as the 'baddies' in most situations no matter how fair you feel you've been. As already pointed out no black and white answer to this. You have to decide if you going to try for a deal....or let the court to deal for you. Best of luck.

Alice

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11:02 AM, 2nd March 2024, About 9 months ago

Thank you all for your helpful advice. As a single parent myself I do not have £13k in my bank to give plus their legal costs which is also what I’d need to pay on their terms which is an unknown x amount!

Carchester

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20:29 PM, 2nd March 2024, About 9 months ago

Alice
Please do not let yourself be duped into feeling that "a judge will see (that) I have been a conscientious and patient landlord". They won't see anything of the sort you imagine .
You are there to be kicked and to be damned. The District (County Court) judge can ruin you for life in under 10 minutes.
They have neither heart or soul and therefore do as they like.
Be very wary of the legal mafiosa in these matters.
Carchester

Alice

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20:36 PM, 2nd March 2024, About 9 months ago

I have never been in this situation before.
But the bigger picture would see these tenants have claimed from government universal credit ( both in their mid 40s with children)
They also paid late 43 times and left the place a mess
I spent 14k to redecorate and place new windows but after 6 yrs I’d struggle to use this as a counter claim
I’m dreading what the outcome will be
If there is not time limit to a part 36 offer I’m accepting does that mean in 3 yrs time they can’accept my offer ?
I’ve been fretting over this since may 23

Kate Mellor

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9:18 AM, 3rd March 2024, About 9 months ago

I really feel for you Alice, I know you’ve spent a lot already on your barrister, but I still would advise you to have at least one consultation with a landlord specialist who deals with these cases for a living. I believe you may get a free initial consultation. They speak in plain English and will give you your options and the likely outcomes. That, coupled with your barrister’s experience of dealing directly with legal firms is about the best you can hope for in terms of advice. Just make sure you provide all the relevant information and documentation for them to evaluate.

Alice

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9:30 AM, 3rd March 2024, About 9 months ago

Thank you

They have said an inventory is subjective and condition of rot was not significant enough for letting agency or inventory clerk or tenant or myself fo flag up as needed doing there and then at the time in 2017

As with age it’s a process of time so when time has passed it needed doing !

Anyway it’s been over 2.5 months since I made counter offer and I’ve heard nothing ..

Kate Mellor

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9:30 AM, 3rd March 2024, About 9 months ago

The other point I would make is that there are risks involved to the other side if they don’t settle and the court awards them less than the settlement offer, (not getting costs awarded), so it’s in both parties interest to settle before it gets to court. You don’t mention if a date has been set yet. It’s a bit like a game of chicken. How much can they get your offer up before you get to court.
You have a LOT to lose if costs escalate as you have property. They have NOTHING to lose.
I believe there is a strict deadline for paying out any settlement offer which means you actually need to have access to the money you are offering. Use this time to put aside as much as possible.
Public focus on damp issues in rental homes and the possible health risks following the sad death of a little boy is high. These things influence court judgments.

Alice

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10:52 AM, 3rd March 2024, About 9 months ago

If I simply don’t have the money they ask for of 13.5 k plus legal costs so possibly 20k then there must be a protocol

I’ve offered£3k which I can afford.

The court cannot demand me to pay £20k when I’ve been left with a property that cost £14k to out right after they had lived there.

I’d catered for everything they required and even the windows were dealt with. But 8 months for new sash oak windows took time perhaps too slow ( because they didn’t directly contact me)

GlanACC

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11:07 AM, 3rd March 2024, About 9 months ago

Reply to the comment left by Alice at 03/03/2024 - 10:52
The court can demand you pay whatever, it is up to the plaintiff then to get the money from you (bailiffs, bankruptcy etc). HOWEVER, there is no need to panic as I am sure an out of court settlement will be preferable to the plaintiff as well. It sounds as they have not yet started legal procedings against you (engaging a solicitor doesn't really count as its their job to put the frightners on you) so until you get something back from them then its all going to be speculation. Having said that, if I were in your position I can see why you are getting anxious.

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