Problems with an ex tenant please help

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    Problems with an ex tenant please help

    Hi everyone, i'm new here.

    I have joined up because i'm having problems with an ex tenant.

    I'd first like to point out that i do everything professionally and go beyond what is necessary to help out my tenants.

    however, one tenant in particular didn't pay his bills or rent for 3 months (despite me giving him more time to pay) and as he was a doorman he began to get nasty and threatening.

    He also told me there were problems with a manhole cover on the drive (he told me this once) and i immediately got a builder out to fix the manhole and have the receipt. The house was built in 2003 so is still under the 10 year warranty too.

    after a while it was easier just to both agree for him to leave but i have still sent him letters asking for the rent.

    however, now he has sent something through in the post via a no win no fee solicitors saying that his mum fell down the manhole cover and sprained her ankle and they are now after compensation.

    this is obviously as he wants this money to pay the missing rent and i was never aware of this fact. when he mentioned it was dodgy i had it fixed straight away by a professional at my expense.

    the letter states that they made me aware of the manhole being faulty on 4 occasions (it never was) and that the client has a sprained ankle from the incident in march this year and is still suffering from the effects of the accident!

    now, the property is inspected regularly (At least twice a week) as a family member lives on the same cul de sac and so does a close friend of mine and it has always appeared fine. There are also neighbours that would alert me if anything was untoward.

    this guy is just trying it on - i want to know the best way to go about stopping his fraudulent claim and getting myself some money for the distress caused to myself.

    on the letters the solicitors have also sent the letter to a family member who has no connection with the property and not myself and has spelt the surname incorrectly.

    the letter also shows pictures of the manhole with the cover removed which he has clearly done himself.

    many thanks
    davey

    #2
    Ask him for proof that he made you aware on four occasions, which he won't be able to. Ask him why he didn't inform you straight away that his mother had sprained her ankle.
    Such questions would cast doubt in court about the plausability of his case.

    Comment


      #3
      Be sure to notify your insurance company immediately just in case he persists.
      ASSUME NOTHING - QUESTION EVERYTHING!

      Comment


        #4
        yes good points, there are lots of things wrong with the story though

        he hasn't told me 4 times and i'm sure it wouldn't hold up in court - his story is ridiculous.

        however, at the moment, i have a letter from a solicitors demanding i acknowledge things within 21 days but no solicitor/legal advice of my own.

        is there a good solicitor I should use, should I do it myself?

        what if my solicitor fees are £3,000 and I win - does he pay them? what if he can't afford to pay them?

        what if I lose - ill be £3,000 down!

        it would be much easier just for me to pay up a few grand to him but I WILL NOT do that out of principle.

        Its just this legal system makes me pay upfront.

        Is there any way I can say to a solicitors that any money they get from winning the case they can keep it all (i'm not bothered) but any money if they don't win isn't passed on to me.

        its not about the money for me, more the principle

        Comment


          #5
          Originally posted by davey9998 View Post
          yes good points, there are lots of things wrong with the story though

          he hasn't told me 4 times and i'm sure it wouldn't hold up in court - his story is ridiculous.

          however, at the moment, i have a letter from a solicitors demanding i acknowledge things within 21 days but no solicitor/legal advice of my own.

          is there a good solicitor I should use, should I do it myself?
          WHOA!! Don't communicate with the tenant or their solicitor at all about this - you will have liability cover through your buildings insurance for this eventuality, so contact your insurers immediately and ask for their advice. They will no doubt want copies of all correspondence, and will pay for any legal representation you need - which presumably you will since the tenant has already gone down that route.

          But don't talk to the tenant yourself about it, as you might predjudice your cover (eg by saying something which be interpreted as admitting liability).

          I would have thought that the rent claim was a completely separate issue, but I don't know whether you should put that on 'hold' until the injury issue is sorted out, or proceed with it in parallel as a separate issue. But assuming you do get legal help soon, you can discuss it then.

          Comment


            #6
            My guess is that is his trying it on in the hope that you will say 'OK you drop the manhole thing and I will drop the rent thing', but he has rather shot himself in the foot as a liabilty claim is an insured risk.

            As advised above send on all material to your insurance co. with a covering letter saying what you have said above showing that basically you believe the claim to be fraudulent (but don't actually make the accusation - keep statements factual).

            If you communicate with at all merely send a letter saying that you have passed the claim to your insurance company and all further correspondance should be with them.

            Continue with the rent claim ignoring his claim completly

            Comment


              #7
              thanks guys

              if i went down the insurance route could I ensure that the guy didn't get any money and had to pay my solicitors fees if i won? I would also want to counter sue.

              i know this sounds bad but he is a doorman and is a real bully and i don't want him thinking he can walk all over me.

              i'd rather choose my solicitors, pay out of my own pocket and ensure i can counter sue.

              would this be poss if i used my insurance?

              cheers

              Comment


                #8
                If this guy is using a no-win no-fee solicitor, then couldn't you do the same (if it came to that) ? Seems the onus is on hime to prove a lot of things !

                Comment


                  #9
                  Originally posted by davey9998 View Post
                  if i went down the insurance route could I ensure that the guy didn't get any money and had to pay my solicitors fees if i won? I would also want to counter sue.
                  Whether you win or lose, your insurers will pay your solicitors. Whether your insurers will go for, or will be awarded, costs against him is surely a moot point - either way you won't have to pay them.

                  i'd rather choose my solicitors, pay out of my own pocket and ensure i can counter sue.
                  Why on earth would you want to pay your own solicitor when you don't need to? You could easily end up paying them more than the rent you're owed.

                  And what's all the counter-suing - are you talking about your own claim for rent arrears? or damages for the fraudulent claim? Have you considered how much money this guy has in the bank, and how you'll ever actually collect if you win damages against him?

                  Comment


                    #10
                    yes thanks for the points i appreciate your comments all.

                    it is not about the money at all (I don't really need the money fortunately) it is more a case of this guy is trying it on and lying through his teeth.

                    I am taking time out of my day to do this and it is causing me distress and I am self employed so i have had a day off work so far to go through it etc.

                    I just don't want him to get any money out of it at all as he doesn't have it and if he can't pay then can't i serve a bankruptcy notice on him?

                    thanks again for all your help

                    Comment


                      #11
                      Don't let him live "Rent-Free" in your head

                      I've followed your responses to the advice given and although you seem to acknowledge the advice but then you continue to answer as if you are worried about the iminent legal battle. Have you contacted the insurance company yet?

                      No Win No Fee Solicitors aren't stupid! They will proceed with sending you intimidating letters because you can and have been ruffled. Your insurance company is where you need to place your thoughts and Kick this bull**** claim out of your head completely. Once his Solicitors are contacted by your Solicitors you can focus on getting the rent arrears your owed.

                      Do not mix the 2 claims even if true they are entirely separate. No legal fees except court filing fees should be involved in your claim and as you know I assume where he works you can get an attachment of earnings award or my favourite "Garnishee Order" but take a trip down to your county court or go online and read up the county court claims website. You can also claim online.

                      Think Straight Stay Focus Get Those Rent Arrears

                      Comment

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