Tenant threatening legal action

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Tenant threatening legal action

    Hi there

    I have had the same tenant renting my flat for 3 years. In the time that she has been there I have always been very quick to respond to her texts or phonecalls regarding problems with the flat.

    The Saturday before Christmas I got a text from my tenant saying there was a leak in the radiator in the bathroom and the valve needed replacing. She explained that it wasn't urgent and that she could keep the heating on to prevent the radiator from leaking. I organised for a plumber to go the property the following Monday, he didn't show up. He called to say he would be there the next day but again was a no show. This then fell into Christmas and I couldn't do anything until Wednesday 30th, much to her annoyance. She is now threatening to sue me for the amount she has spent on heating from the 19th to 30th as she said she had to leave the heating on in order to stop the leak.

    Can she feasibly sue me for this? Also, if I receive a letter from a solicitor I am going to serve her with a Section 21 notice to evict. Is it possible to serve notice on her if there is a pending dispute between the landlord and a tenant?

    #2
    I think your tenant is being very unreasonable. The plumber let you both down. Why doesn’t your tenant realise that? Arrange a different plumber to attend to the problem as quickly as possible. I suggest that you are present at the property with the plumber.

    Ignore the legal threats they have no basis. Remind her to pay her rent on time and in full at all times. Issue a section 21 notice, if you think it appropriate.

    Comment


      #3
      Originally posted by Gellybaby View Post
      Can she feasibly sue me for this? Also, if I receive a letter from a solicitor I am going to serve her with a Section 21 notice to evict. Is it possible to serve notice on her if there is a pending dispute between the landlord and a tenant?
      Any action she tried to take would probably fail because you have got the matter in hand without undue delay.
      A S21 is a 'no fault' request for the return of the property, so 'yes' you can serve it if you wish, but why do you want to do that? If she is a good tenant otherwise and pays the rent on time then you would be cutting off your nose to spite your face.
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


        #4
        Thanks all for your comments.

        I will only serve notice on her if I receive a letter from a Solicitor. If I dont receive any letters regarding legal action then I will just ignore her threats.

        Comment


          #5
          Originally posted by Gellybaby View Post
          Can she feasibly sue me for this? Also, if I receive a letter from a solicitor I am going to serve her with a Section 21 notice to evict. Is it possible to serve notice on her if there is a pending dispute between the landlord and a tenant?
          The tenant is being an idiot; even if she did claim, it would be for, what, £3-5 per day? x 12 days = £36 - £60, and such a tiny claim would not involve a solicitor (unless she's totally insane).

          I agree with jta, there is no point in serving notice to evict an otherwise good tenant over such a triviality.

          Comment

          Latest Activity

          Collapse

          • Reply to Greetings, I Come in Peace
            by Turbine Terry
            I use Openrent for all my properties - advert and referencing for 2 tenants only £90 total - saves hundreds from using a normal letting agent and advert goes on Rightmove etc. I had 97 enquiries in 4 weeks for my last advert, but I am very picky so I took my time before choosing. You do the viewings...
            20-01-2022, 13:18 PM
          • Greetings, I Come in Peace
            by AVJ113
            Hello all, I am a prospective landlord. I will be arranging my first mortgage in principle today as a start to my evil buy-to-let empire. As a total newb, what would be the one piece of advice you would give after your years of experience as a landlord?
            20-01-2022, 07:24 AM
          • Reply to Tenancy inspection - more than one inspector?
            by templar018080
            Indeed, the contact makes a provision to allow inspections, however, does not specify that the landlord may sue for financial compensation in the event that I refuse one. Would a landlord be brave enough to even insert a clause for monetary compensation or even attempt to sue given the Tenant Fee Act...
            20-01-2022, 13:03 PM
          • Tenancy inspection - more than one inspector?
            by templar018080
            Good evening,

            I'm a tenant with an amicable relationship with my agent and landlord.

            I've been notified that the landlord and agent would like to inspect the premises at the same time together. (Just a routine inspection.) My question - is there currently anything in the...
            17-01-2022, 18:13 PM
          • Reply to Previous tenant paid last gas bill based on wrong estimated reading by gas company
            by DPT57
            I think that knowing I was responsible for the energy used from the date I moved in I would not just have accepted that no-one knows where the mater cupboard key is. I would have got it open somehow. The ones in my flats can be opened with a flathead screwdriver....
            20-01-2022, 12:41 PM
          • Previous tenant paid last gas bill based on wrong estimated reading by gas company
            by Farrella
            The previous tenant left during lockdown and closed his gas account based on an estimated reading that was too low. I did not realise this until 6 months afterwards as I never took a reading when I moved in, assuming everything was correct (oops). Then the gas company took a reading 6 months later...
            19-01-2022, 16:25 PM
          • Reply to Ending of a tenancy
            by DPT57
            As Artful says, the tenants notice is invalid as its served during the fixed term, (unless you have a contractual periodic tenancy), so you can't legally rely on them moving out and would have no recourse if the changed their minds and stayed on.

            New tenants would likely sue you for their...
            20-01-2022, 12:36 PM
          • Ending of a tenancy
            by leasee123
            Hello,

            I am a landlord with a tenancy fixed term ending in March. My tenants emailed to say they will be leaving, giving two month notice.

            I will be marketing the property to find new tenants. How do I know that am I protected from the event of the tenants staying beyond...
            19-01-2022, 12:42 PM
          • Reply to Tenant in situ
            by Hudson01
            I do fully understand that it is not in yet, but....... what is the EPC ? If a D or E what would it take to bring it up to a C ? Planning ahead and all that.
            20-01-2022, 12:29 PM
          • Tenant in situ
            by Bridge2020
            I’m looking at buying another property to rent out. The one I’m looking at has a tenant in situ. I have seen a copy of the AST and payments to the agents.
            Anyone have any experience of this please ?...
            20-01-2022, 08:29 AM
          Working...
          X