Landlord taken to Small claims/county court by tenant advice please?

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    #16
    Contact Shelter for advice and post their response here. I believe they have an interest in decent housing provision.

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      #17
      If they will allow access when their "representative" is present why don't you do that? Also I would be serving notice, if the T is behaving like this the future relationship doesn't seem good.

      Make sure you have all calls recorded and you keep evidence of any correspondence, how have they communicated the refusal of entry?

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        #18
        https://forums.landlordzone.co.uk/fo...-advice-please
        Fed up with nitpickers and rivet counters...

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          #19
          Originally posted by ash72 View Post
          If they will allow access when their "representative" is present why don't you do that? Also I would be serving notice, if the T is behaving like this the future relationship doesn't seem good.

          Make sure you have all calls recorded and you keep evidence of any correspondence, how have they communicated the refusal of entry?

          I have received yet another email from their supposed “representative”. Apparently this person is “acting on their behalf “ and compiling “evidence” with intent to take the whole sorry saga to county court…

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            #20
            Doesn't sound as if they have got much of a case.

            Nonetheless, consider putting something in writing which could later be quoted or used as evidence should the need arise (i.e. a letter stating what allegations they have made, on what date(s), what you have done to investigate - and particularly any obstructiveness on T's part.)
            There is a fine line between irony and stupidity. If I say something absurd please assume that I am being facetious.

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              #21
              I would get a Chartered Surveyor organised to do an internal inspection. Then notify the tenant of the dates which he can attend so "their" representative" can be present. If it went to court the Chartered Surveyor would be your Expert Witness.
              Its my opinion through having been taken to court that the magistrate favours the plaintiff which can only be overturned if the defendant has an Expert Witness.
              And if they are compiling evidence of damp, have they given you where it is and the opportunity to rectify it.
              Our letting agent lent our tenant a De-Humidifier to reduce the condensation/ black mould. Perhaps this is something you could do as if it went to court it would be seen as a good gesture We allowed £20 a month off the rent towards the electricity.
              Good luck.

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                #22
                "Its my opinion through having been taken to court that the magistrate favours the plaintiff which can only be overturned if the defendant has an Expert Witness." Civil cases are not heard in the Magistrates court but before a County Court judge.
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                  #23
                  As has been said, this is likely them trying to lift your leg.

                  They'd need to:
                  1. Take you to Court
                  2. Convince a Judge that there was mould (evidence needed)
                  3. Convince a Judge that the mould directly led to the damage of the property (evidence needed)
                  4. Convince a Judge that the mould directly led to the ill health of a family member (substantial evidence needed)
                  5. Convince a Judge that those principles somehow equate to a monetary figure (hard to do)

                  You gain nothing by responding to them or engaging with this, I'd simply respond, as others have said, with a "no, I have seen no evidence of that nor do I claim any liability" and ignore any future corrospondance. If they take you to Court you can defend it as you see fit. But don't stress yourself over this, they're chances, by the sounds.

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