Dilemma with LBA - who to send it to?

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    Dilemma with LBA - who to send it to?

    Two original T - one male and one female, unrelated, friends, not in a relationship - moved in with a joint TA. Male T put down the whole deposit.

    The original female T left at 8 months into a 12month joint TA, she recommended and put in new female T (with her partner) in for the final 3 months. No new TA was drawn up, or check-in conducted. The new female T left with no forwarding address and rent arrears.

    At 12month the original male T moved out.

    The property has been assessed by various contractors and quotes have been given. Some work has been done (Cleaning, Painting, some repairs). Total cost to restore is about £9k.

    I will be sending an LBA to the original male T.

    Do I have grounds to send the LBA to the original female on the basis she stayed there for 8months, recommended and put in the new female T, and requested to leave mid joint-tenancy?

    The LBA will have the identical breakdown of costs for both original T. Clearly I can't proportion these out, should I?

    Thanks!

    #2
    Based on the limited info provided, your action/claim can only be against those people named on the tenancy agreement. Whether or not, or to what degree, the original female T who vacated at 8 months might be held liable may well depend on exactly what you said/agreed to at that time and what proof you have of the arrangements/conditions of her release.
    The comments given here are provided free of charge and inevitably without sight or knowledge of the full facts and are thus given in good faith but without liability and should not be relied upon as formal legal advice.

    Comment


      #3
      Just out of interest, how on earth did they manage to clock up nine thousand pounds' worth of damage? That's staggering.
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        9k? Bah! Try 26k!

        Comment


          #5
          Originally posted by Emma1973 View Post
          9k? Bah! Try 26k!
          But what did they do? Take a sledgehammer to the place or what?
          'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

          Comment


            #6
            Basically! Let bathroom over till hole in kitchen ceiling, locked dogs in rooms till said dogs ate their way through plaster, said dogs pooed all over floor, then ripped carpets up and let dogs poo on floor. (6 months with all windows open and regularly cleaning floorboards with bleach before smell went.
            Other holes in walls and doors, missing radiators, ripped out light sockets, smashed up kitchen and bathroom. Decor was a tad wanting as well! And a load of other small stuff!

            Have to say builders managed to do a fab job in 8 weeks, and we live here now!

            Comment


              #7
              Oh.

              It puts my hissy-fit when I discovered a few small scratches on the kitchen worktop into perspective...
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

              Comment


                #8
                Originally posted by PRS View Post
                Based on the limited info provided, your action/claim can only be against those people named on the tenancy agreement. Whether or not, or to what degree, the original female T who vacated at 8 months might be held liable may well depend on exactly what you said/agreed to at that time and what proof you have of the arrangements/conditions of her release.
                Thanks for getting back to me. What information is limited that you need?

                The original female T vacated on the basis that she couldn't afford to pay the rent, and that, she couldn't live with the male T (who was her friend).

                I mentioned to her that with only 3 months remaining on the joint Tenancy she has two options: 1. Continue living or 2. Leave but pay me the rent owed. She suggested that her friend would move in for the remaining 3 months (who left not paying the complete rent).

                Thanks.

                Comment


                  #9
                  Originally posted by PRS View Post
                  Whether or not, or to what degree, the original female T who vacated at 8 months might be held liable may well depend on exactly what you said/agreed to at that time and what proof you have of the arrangements/conditions of her release.
                  LBA was sent to the original female T. She has written back refusing outright that she has no liability as a result of leaving early. Also that she claims the property was in good condition when I visited (which it wasn't) on that basis she is not liable.

                  The new female T have not provided forwarding address. She was also not on the or any contract. Iis this the Estate Agents fault? That is, did they not do proper 'handover'?

                  I don't know where I stand legally with the 'other tenants' (the original female T and the new female T) to recoup the cost of damages. I really cannot afford the finance of a solicitor (being 7months pregnant). I am really sorry, but if I had to what type of solicitor should I search for? There are so many types.

                  Thanks.

                  Comment

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