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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Alice

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19:20 PM, 3rd March 2024, About 9 months ago

I had acted as soon as they informed me and as soon as I got the indirect prompt as they hadn’t directly contacted me the second windows.
It’s bizarre they didn’t chase it up to check if I’d actually received an email they had sent to someone else and not direct to me ( letting agency)
And instead of checking with me like they did with any other problem ,
They contacted the environmental agency!

Carchester

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19:54 PM, 3rd March 2024, About 9 months ago

Be careful and try to explain why you did not undertake physical periodic inspections of the property. What discussions took place and when.

Such simple failings will be exploited to the limit by your foes with the judge leaning heavily against you. The easy option is for the judiciary to side with the poor and unfortunate tenant (sic) rather than listen to an honest defendant.

A good, well thought out tactical approach is required in this instance.

Carchester

Alice

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20:03 PM, 3rd March 2024, About 9 months ago

Reply to the comment left by Carchester at 03/03/2024 - 19:54
I always sent out a building company for any problems and every white goods seem to break in their care.

So I felt I had enough visits care of them although I did let them have their private enjoyment too much.

Yes it’s too trusting of me to think they’d be acting in a tenant like manner
I’d have seen they’d had another child and a dog and knocking the place about ..

I replied within minutes via WhatsApp if something went wrong so why did the email the agency about the mouldy windows and not me?
Why then contact environment agency and not WhatsApp me?

I feel it’s been staged ..

Kate Mellor

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20:24 PM, 3rd March 2024, About 9 months ago

Reply to the comment left by Alice at 03/03/2024 - 19:20There’s no point in going around in circles tormenting yourself. You’ve been very unlucky. These tenants are cynically looking for an easy payday.
Does your lawyer think it’s worth you sending details of your financial position, bank balance, income and expenses to show that you don’t have access to the cash to pay a larger settlement? The reality is that these firms WANT to settle.

No win No Fee cases are generally picked up and put down regularly. They are bottom priority after anything they’re actually being paid for, so it’s likely to drag on.

Carchester

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20:27 PM, 3rd March 2024, About 9 months ago

Yes, it does suggest that it has been staged.
Tenants will use every devious trick to humiliate you. The scummy ones know the drill from A to Z. They have nothing to lose and illgotten rewards await them -unless your tactics are solid and can destroy them. Sorry to repeat this - be very, very wary of the bench. They will exploit any and every weakness in the matter and turn it over to the advantage of your scummy tenant.
I would take up the suggestion of having a chat with a skilled, experienced LL outfit and ask them if they could act as a "McKenzieman" for(with you) if it gets to court. Courts do not like McKenziemen (friends) but in my experience a good McKenzieman is worth as much (no payments allowed) as the best QC.
No doubt there is a lot of tactical work to do before any court appearance.
A chat with a specialist (not necessarily a solicitor) should also explore whether or not you can make a counter claim against the scummy tenants and /or your agent.
Carchester

GlanACC

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20:51 PM, 3rd March 2024, About 9 months ago

Reply to the comment left by Kate Mellor at 03/03/2024 - 20:24
I wouldn't send them any financial details. As far as you having no cash thats irrelevant as you have a property to sell (unlikely will be forced if ony a smallish amount awarded to the palintif), if £13k + costs would be awardded this would be covered by the equity in the property.

Carchester

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9:59 AM, 4th March 2024, About 9 months ago

Fully agree with GlanACC comment above. You are in a dispute with your opponent(s)- do not facilitate their attack on you.

You are under no obligation to reveal your financial position at this stage.

Carchester

Kate Mellor

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10:12 AM, 4th March 2024, About 9 months ago

Reply to the comment left by GlanACC at 03/03/2024 - 20:51
I appreciate your point, however the goal of both parties is to settle. Settlement to them means achieving the maximum they can before going to court. Yes, they may decide it’s not enough and move forward with it, however if they do there’s really nothing lost. As you suggest they know there’s a property and that gives them security that they’ll eventually receive the funds if it goes all the way.

Alice

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12:20 PM, 4th March 2024, About 9 months ago

It’s staggering to think that tenants are happy to push someone in a position to sell their one pension asset to fund their greed to have a cash lump sum given to them when they took the property on seeing it with old windows and didn’t say anything for 3 years. The rent was funded by the government since covid as they claimed universal credit as this was also another windfall for them.

Carchester

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13:39 PM, 4th March 2024, About 9 months ago

Aided and abetted by the legal mafiosi. Scummy tenants gifted by tax payers Legal Aid in their mission to destroy the one who helped them with a roof over their head(s).

Get this one out of the way Alice - it will consume your mind the longer it goes on , sell up when you can and invest your capital with a good bond paying at least 5% PA.

Hampshire Trust Bank is a good starter. There are others but do your homework.

Carchester

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