Troublesome ex-tenant's accident claim one year later

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    Troublesome ex-tenant's accident claim one year later

    My last, and I hope final, tenants vacated my property in May. At their request I allowed them to vacate one month early. They were a nightmare during the entire tenancy and did all sorts of things in the property without first obtaining permission. For example they changed wall lights and in one place removed the light completely, took down all curtain rails and blinds, left holes everywhere, removed plants from the garden, put the dishwasher in the garage, left the garden in a mess etc. All this was carried out without obtaining any permission. I was notified about storm damage but when the insurance assessor arrived, they told his it was not damaged in the storm so the insurance refused to pay out.

    Consequently a claim was put in for the retention of the deposit and some very reasonable extra costs added to it. During the entire tenancy I rarely received the full rental as complaints piled in. I believe the following claim from them is tit for tat.

    When they moved in there were two sets of fitted wardrobes in one of the bedrooms. I received a request from the letting agent for them to move one set to the dressing room. I agreed to this. I then had another request to dismantle the other set. Thia I refused as I wanted to keep them. Several weeks later I discovered that they had ignored my instructions and had dismantled them and thrown them away at the tip. No request was ever received to say that they were in a poor condition or was I ever notified that the tenant had received a minor injury while carrying out the dismantling.

    I have now received a completely untruthfull claim by the tenant saying that they had requested the wardrobes to be removed, they had not been and one of the wardrobes collapsed, landed on her foot and an injury was sustained. There follows a long list of failures on my part, which of course are not true either.

    In my defence I have emails to and from the letting agent and a photo of the wardrobe set taken during an inspection less than a month before.

    All this occurred almost a year ago.

    How will my insurance company handle this? What do I do first? Help please!

    #2
    Courts have this unusual liking for a little thing called evidence. Evidence is provided by both sides. Evidence includes such things as proof that they had asked you, and it was declined/accepted. Proof that an injury happened and what was being done to cause the injury, as well as proof that the injury caused a financial loss, or quantifiable pain and distress. The court would want to know why you were never informed of this 'injury' beforehand, and why is it relevant now.
    If you feel confident that you carried out your duties correctly, and can evidence (or convince the Judge) that you were reasonable and fair, then you should be confident in attending court. Ex-tenants frequently stamp their feet, usually because they've dug themselves a financial hole (probably arrears with the new landlord so facing eviction) therefore they hunt around for some other poor mug who'll cough up some money to bail them out.
    I may be a housing professional but my views, thoughts, opinions, advice, criticisms or otherwise on this board are mine and are not representative of my company, colleagues, managers. I am here as an independent human being who simply wants to learn new stuff, share ideas and interact with like minded people.

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      #3
      Troublesome ex-tenant's accident claim one year later

      Thank you very much Darth Wookie for your very prompt and useful reply. I am about to contact my insurance company.

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        #4
        Almost regardless of what this might cost me in time or money I would not agree to their request.

        I would either not reply at all or refer them to "Arkell v Pressdram"..
        http://www.lettersofnote.com/2013/08...pressdram.html

        Cheers!
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

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          #5
          Thank you and I will certainly look up your link. That is exactly how I feel: incandescent with anger! Thanks again Patricia118

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            #6
            Patricia118

            Don't expect the insurance company to cover you for malicious or wanton damage.

            If tenants destroyed your property, on purpose, it's not an insurance claim, unless your "landlord" insurance covers you for malicious and wanton damage.

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              #7
              Loved it Artful - gave me a giggle! I will certainly use that one in the future
              Unshackled by the chains of idle vanity, A modest manatee, that's me

              Comment


                #8
                I am of the old generation Artful, so not a word I have ever used in my life, but it certainly made me chuckle too. Thanks.

                Thanks to everyone else too.

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