Tenant threatening legal action

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    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.

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