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

I have read all the excellent responses and then returned to read the original entry - I cannot believe that the tenants would have legal aid for these minor repairs, particularly if they have already vacated the property. I'm uncertain as to events surrounding their departure, but why would they be claiming compensation now, after they have left? It all seems very strange and for such minor issues too! I agree ideally these would have been repaired as the tenancy progressed, by the tenant preferably or by the landlord if they were incapable but even so, I cannot see this claim being successful when they no longer live in the property.

Reply to the comment left by "Peter " at "23/01/2014 - 14:43":

Humitstat fans - snap! We fitted these in our kitchens and bathrooms this year too as our tenants kept turning the normal type off causing black mould to form on the ceiling. The new fans seem to be performing well so far.

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

Re. ADR and court, I believe that this is indeed part of the Civil Procedure Rules that claimant is expected to propose ADR if it is available or risk having his claim rejected.

Quote from Chris:
"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!"

I concur completely, as all good professional landlords would, I hope!.

My tenants tried something like this recently but they called the council round to show them the house, This house has an outhouse that I thought for sure the council would force me to shut down however this back fired on the tenant in a big way & apart from a spindle on the stairs that they had broke there was nothing that needed doing, the council are in many cases not the brightest of people & simply follow a mantra which led to a lot of contradictions on their part, however these are very petty problems & they know you cant simply follow tenants around all day repairing things that they have broken, you also have to have been informed of these problems by the tenant, so did she report them ie can she prove she told you?? but I would urge you to contact your local MP & let him take up the case, she is trying to pull a fast 1 & she has NO grounds if all you have said is true, so might be worth you contacting council & getting them to check it out but if it goes further then worth contacting your MP!!!! I have had much the same problem as you over last few wks & I have taken on the council & now my MP is taking up the case as we the landlord NEED to gain some of our rights back
http://www.writetothem.com click on link & put in postcode send email easy as pie but please do not lose any more sleep over it as it really is not worth it especially if you know the place is in good living order & by that I mean would YOU live there???

Reply to the comment left by "Jeremy Smith" at "24/01/2014 - 00:32":

I also totally agree.

A good inventory at check in and check out, a bit of TLC to tenants and timely maintenance usually results in longer tenancies, less voids and less cost and hassle in the long term.

Sometimes just a chat over a cup of tea with tenants can clear up misunderstandings. I've had tenants call me about light bulbs, running out of loo roll, smelly bathroom carpets which were fine at check-in, blocked toilets and sinks, weeds in the yard, condensation on windows etc., none of which are my responsibility. A meeting over a cuppa to take a look and then suggesting we look through the tenancy together to see whose responsibility it is usually solves the problem very quickly. If I do spot any maintenance issues whilst I am there then I get them dealt with ASAP. I often show a bit of goodwill and help with issues I'm not responsible for too. I view this as an investment into a professional relationship and when similar issues come up again I find tenants don't bother me with them because they know they are their responsibility. An opportunity to read a tenancy agreement with a tenant is always a good investment in time because you can be sure that very few will ever read it otherwise. Most just sign it because that's what they need to do to get the keys to their new home.

One of my objective is for my tenants to say "well my landlord is brilliant" whenever the subject of bad landlords comes up on the news or in conversations. There is so much negativity about landlords generally that my tenants are afraid to go to another landlord because they are worried they will never find one as good as me. That's a sad indictment of the perception of landlords generally but does my business no harm whatsoever.
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@ Romain

Yes thanks for that ADR and CPR I think you are right. If claimant (tenant) wants to go to dispute then Landlord can say he prefers Court.

On inventories Mark is absolutely right without a real quality one you are dead in the water at ADR (especially) or in Court.

If the tenant is being difficult and presents little real evidence of disrepair, especially during the tenancy itself, i would be tempted to tell their solicitor that you do not plan to use ADR, and that any issues will be decided by a court. (The Act allows for either side to refuse resolution by the Deposit Scheme). Any legal firm representing the tenant will then realise that they will almost certainly not get paid their fees and will advise their client to drop the claim. This "i am taking you to court business" is a game of chess......

Reply to the comment left by "All BankersAreBarstewards Smith" at "24/01/2014 - 09:03":

In either situation (ADR or Small Claims Court) it would be highly unusual for legal costs to be awarded.
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