Suing a tenant

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  • Suing a tenant

    All,

    Would like some advice here. Have a tenant who has vacated a property still under lease - agent said they were not advised the tenant had vacated. They were out for 32 days (but had been going back to check for mail) and a pipe burst which caused £50k worth of damage. Tenant reckons he tried to turn off the water at the stopcock, but didn't turn it far enough...

    If the insurance doesn't pay out, can I get the £50k out of the tenant by suing for negligence?

    Any/all advice gratefully received...

  • #2
    Err....................how rich is yout tenant? Realisitically the answer is..................not a cat in hell's chance.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Why do you say not a cat in hell's chance? If the tenant has assets to liquidate, then surely this is a viable option to recover even a portion of the loss? What prevents me from pursuing them?

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      • #4
        You can be certain that the lawyers involved will do allright - whether this will be at your expense or not is something only you can decide!

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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        • #5
          Originally posted by raggedyman View Post
          All,

          Would like some advice here. Have a tenant who has vacated a property still under lease - agent said they were not advised the tenant had vacated. They were out for 32 days (but had been going back to check for mail) and a pipe burst which caused £50k worth of damage. Tenant reckons he tried to turn off the water at the stopcock, but didn't turn it far enough...

          If the insurance doesn't pay out, can I get the £50k out of the tenant by suing for negligence?

          Any/all advice gratefully received...
          I would vigorously pursue the Insurance Company for this. If they payout and if they determine the t is to blame, they will pursue the tenant.
          Liability statement. My liability to you is not to exceed the amount you are paying for my recommendations or advice.

          I see a bright new future, where chickens can cross the road with no fear of having their motives questioned

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