DRO Application. Landlord wants damages to flat..

portofcall
portofcall Posts: 53 Forumite
in Bankruptcy & living with it
Was told by an intermediary today that although my ex landlord has told me he wants money for some damage to the flat I left that I cannot add it to a DRO unless there is a CCJ!

This seems ludicrous as I know the amount, but don't know when or if he is going to claim on it - apart from that one thing I have everything ready to go with the DRO!

Advice please?

Comments

  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    edited 13 June 2017 at 6:25PM
    Go ahead with the DRO, add a bit to your budget to pay your ex landlord with.

    Just add, for example, £1 to each catagory, or whatever is needed.

    Your budget is not subject to any further scrutiny.

    You can then pay him monthly.
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  • portofcall
    portofcall Posts: 53 Forumite
    edited 13 June 2017 at 7:15PM
    sourcrates wrote: »
    Go ahead with the DRO, add a bit to your budget to pay your ex landlord with.

    Just add, for example, £1 to each catagory, or whatever is needed.

    Your budget is not subject to any further scrutiny.

    You can then pay him monthly.

    I don't want to pay him at all! As I did not do the damage he is claiming from me.

    CAB say I can't include it because of this:
    46.22 Excluded debts – damages Where the DRO application is made on or after 6 April 2010, any debt which consists of a liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other duty, or to pay damages under Part 1 of the Consumer Protection Act 1987 (which deals with product liability) – being in either case damages in respect of the death or personal injury (including any disease or other impairment of physical or mental condition) to any person is an excluded debt. [note 25].

    Now I interpret this exclusion as personal injury. not a demand for cost for repairs to a flat!

    The National Debtline agree with me. But the CAB dont?
  • Mouse007
    Mouse007 Posts: 1,062 Forumite
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    The key words are "damages in respect of the death or personal injury" ... "to any person"

    The flat is not a person. Damage to a flat is not therefore a personal injury and I'm sure as hell that you didn't kill it. :rotfl:

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  • portofcall
    portofcall Posts: 53 Forumite
    Mouse007 wrote: »
    The key words are "damages in respect of the death or personal injury" ... "to any person"

    The flat is not a person. Damage to a flat is not therefore a personal injury and I'm sure as hell that you didn't kill it. :rotfl:

    I know! I think my intermediary was being advised incorrectly. I have just told him the exact same thing. I thought it odd that a demand could not be included unless it was subject to a CCJ!
  • portofcall
    portofcall Posts: 53 Forumite
    It defiantly is an exclusion for damages relation to a claim for personal injury.
    Curious as to how my intermediary was advised that it referred to actual damage to property.
    This had me stressed no end today, and considering other options such as bankruptcy.
  • fatbelly
    fatbelly Posts: 20,485 Forumite
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    Just to clarify

    You do not need a ccj on a debt to put it in a DRO

    Former tenancy damages are not an excluded debt.

    However, you could really do with the debt amount in writing. What you don't want is the landlord being told the balance that is in the DRO then finding reasons to inflate the figure and trying to pursue the difference.

    Bankruptcy is a sledgehammer way to deal with your debts. A DRO has lots of advantages and I'd definitely persevere with it if you qualify.

    If your CAB adviser is struggling with the damages, get him/her to look at the DRO toolkit on Advisernet where it defines that as:
    •damages payable for personal injury or death because of negligence, nuisance or breach of a statutory, contractual or other duty, or payable under Part 1 of the Consumer Protection Act 1987.
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