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    • portofcall
    • By portofcall 13th Jun 17, 6:06 PM
    • 46Posts
    • 4Thanks
    portofcall
    DRO Application. Landlord wants damages to flat..
    • #1
    • 13th Jun 17, 6:06 PM
    DRO Application. Landlord wants damages to flat.. 13th Jun 17 at 6:06 PM
    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?
Page 1
    • sourcrates
    • By sourcrates 13th Jun 17, 6:23 PM
    • 10,899 Posts
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    sourcrates
    • #2
    • 13th Jun 17, 6:23 PM
    • #2
    • 13th Jun 17, 6:23 PM
    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.
    Last edited by sourcrates; 13-06-2017 at 6:25 PM.
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    • portofcall
    • By portofcall 13th Jun 17, 6:40 PM
    • 46 Posts
    • 4 Thanks
    portofcall
    • #3
    • 13th Jun 17, 6:40 PM
    • #3
    • 13th Jun 17, 6:40 PM
    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.
    Originally posted by sourcrates
    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?
    Last edited by portofcall; 13-06-2017 at 7:15 PM.
    • Mouse007
    • By Mouse007 13th Jun 17, 6:48 PM
    • 48 Posts
    • 30 Thanks
    Mouse007
    • #4
    • 13th Jun 17, 6:48 PM
    • #4
    • 13th Jun 17, 6:48 PM
    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.
    • portofcall
    • By portofcall 13th Jun 17, 6:53 PM
    • 46 Posts
    • 4 Thanks
    portofcall
    • #5
    • 13th Jun 17, 6:53 PM
    • #5
    • 13th Jun 17, 6:53 PM
    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.
    Originally posted by Mouse007
    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
    • By portofcall 13th Jun 17, 7:32 PM
    • 46 Posts
    • 4 Thanks
    portofcall
    • #6
    • 13th Jun 17, 7:32 PM
    • #6
    • 13th Jun 17, 7:32 PM
    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
    • By fatbelly 14th Jun 17, 12:49 PM
    • 10,821 Posts
    • 8,085 Thanks
    fatbelly
    • #7
    • 14th Jun 17, 12:49 PM
    • #7
    • 14th Jun 17, 12:49 PM
    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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