Tenant threatening to sue!! Help!

Tenant threatening to sue!! Help!

8:08 AM, 21st August 2017, About 7 years ago 14

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In 2015 I rented my property to a family friend who came to me this year explaining about damp and mould. I went to check and my Tenant was telling the truth it was had. It was a reoccurring issue in the property.

Due to personal financial problems I was unable to have all the work done at one time, but did begin to have the issues dealt with.

After some time I realised that realistically the property was going to be a constant financial drain and that selling it may be a better idea.

August 12 of this year I wrote a note to my Tenant asking her and her family to leave the property in 4 weeks so I could commence the repairs that needed doing. As her father (the joint Tenant) is a family friend I handed it to her get it signed and dated and explained that I wished to sell the property after repairing it.

Anyway yesterday the Tenant came to my property posting a letter, upon reading it I found out that she planned to sue me for an illegal eviction notice.

Apparently it has to be done on a section 21 form or section 8, that she planned to sue me for planning to illegally evict her. For breach of contract (the tenancy agreement) which states I must repair all damages to the structure if not caused by the Tenant, for renting a property that I knew had previous Damp problems, for the damages caused to her property as a direct result of the damp within the property, for stress and worry caused as a direct result of me asking them to move in 4 weeks.

She actually put at the bottom of the note that trying to illegally evict someone can actually carry a prison sentence of up to two years.

My Tenant must be kidding right?

Surely she has no case for any of this?

I agree there was a damp and black mould issue, but she repainted with an anti mould additive.

And she was a family friend!

Thank

Neel


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Mark Alexander - Founder of Property118

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9:33 AM, 23rd August 2017, About 7 years ago

Now that's good practical advice based on experience Gary.

Forgive me for saying so but I think your previous post came across far more as a rant. I appreciate we all get passionate about these things and I'd like to think Neel took everything you said in the spirit it was meant, but that may not be the case.

I actually agree with everything you said in that post by the way. I just wouldn't go in like a bull in a china shop whilst the tenant is obviously pissed off as a result of Neel serving an ineffective notice. Everything you said is good ammunition if a full on legal battle breaks out, but if I was Neel I'd be trying to smooth things over before it ever gets to that. There are no winners in any battle, both parties get wounded, one more than the other.

As has been suggested by others who have commented on this thread, a peaceful solution is always the better outcome. I concur that humidity checks are useful just in case peaceful outcome cannot be reached, but I'd suggest this is broached calmly and professionally under the pretense of identifying the mould problem.

There are two issues here though, one is the mould problem, the second is that Neel wants to get vacant possession in order to sell the property.

In my mind, negotiating vacant possession is Neel's first priority. The mould issue only becomes a big issue if the tenant genuinely intends to carry out his threats. If a deal can be done so that the tenant leaves, the mold issue becomes a none issue, save for fixing it so that the property can be sold of course. Then of course a decision needs to be made in regards to who is responsible for paying for that.

Gary Dully

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10:28 AM, 23rd August 2017, About 7 years ago

Rant?

How very dare you!

I keep telling 118 readers that I'm a big softy!

To be honest Mark, I think Neel is about £10 worth of hygrometer meters away from things calming down, unless it's a basement flat with faulty tanking.

Mould growth is where air doesn't circulate enough to prevent condensation and if it's happening in summer, God help him in winter.

I've had many a tenant think that it's the buildings fault and yet I no longer have a problem when I leave a couple of simple colour range hygrometers at each property.

In fairness to the tenants I have also had to fit humidistat fans to some kitchens and bathrooms, but that's now a permanent fix regardless of tenant.

As for ranting, I'm on tablets for that.

Mark Alexander - Founder of Property118

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11:07 AM, 23rd August 2017, About 7 years ago

Hi Gary

You might want to increase the dosage on those tablets! LMAO

All the best my friend.

philip allen

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13:27 PM, 26th August 2017, About 7 years ago

Lots of very good advice but one point is missed, constantly, when discussing condensation and damp. Black mould will NOT grow on damp (whether rising or penetrating) for the simple reason that nitrates (salts) exist in the manufacture of both bricks and mortar. These nitrates kill mould spores. If black mould is visible the problem is condensation. Now please determine your problem (damp or mould?) and then use any or all of the methods already suggested to eliminate the problem. Also, however you decide to evict your tenant you must give two month's notice if they pay monthly (eight weeks notice if they pay weekly). Remember that solicitors are only there to make money for themselves and other solicitors. You can learn more than they know from doing your own research and studies and consulting forums such as 118

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