Can claim for damage repairs include legal costs?

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

    Can claim for damage repairs include legal costs?

    A tenant has now given up a property following a Court Judgment which also covered rent arrears. These remain unpaid but I'm pursuing it. T did over £2000 of damage to the property. If I make an additional claim for this repair work can I add all the associated legal costs to the claim?

    Thanks.

    #2
    Originally posted by longletter View Post
    T did over £2000 of damage to the property. If I make an additional claim for this repair work can I add all the associated legal costs to the claim?
    What legal costs? You don't need a solicitor to pursue a small claim such as this.

    If you mean court fees, these are added to the claim.

    Note that in order to succeed in a claim for damage, you will need good evidence such as an inventory check-in report signed by T at the start of the tenancy, evidence of the damage, and quotes/invoices for the remedial work.

    Comment


      #3
      Originally posted by westminster View Post
      What legal costs? You don't need a solicitor to pursue a small claim such as this.
      Point taken; but if I did use a solicitor could his costs be added to the claim?

      The property was newly renovated prior to the tenancy and the agent has before and after photos and I have all the necessary paperwork you mention so I don't think there would be any problem getting a successful judgment.

      Thanks again.

      Comment


        #4
        Originally posted by longletter View Post
        Point taken; but if I did use a solicitor could his costs be added to the claim?
        Costs are restricted in the small claims track - this generally means that neither party will be awarded legal costs. This in turn means that most people conduct their own claims/defences.

        It is possible that, if the tenancy agreement says T is liable for LL's legal costs, that you could claim on that basis - however, it is equally possible that it would be regarded as an unfair term if these costs were unreasonably incurred, and, arguably, as the small claims track is designed for use by litigants-in-person, it would be unreasonable to incur legal costs in pursuit of this claim.

        In short, it would be a gamble to pay a solicitor to act for you even if the contract says T is liable.

        Comment


          #5
          Westminster has a point, however, should your tenancy agreement contain such a clause I suspect a court would allow you to recover most of your legal costs.
          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

          Comment

          Latest Activity

          Collapse

          Working...
          X