Damaged Property Small Claims

Psychofly

If a lodger renting a room has admitted he caused damage to an item with a price tag of £300 (reduced from £500 in a sale) and you have various texts admitting liability from him but then starts arguing the amount and trying to make ridiculous payment schedules when asked for £275 since we had planned to sell it 2nd hand for this price, where do I stand ?

This is a follow up to my post about a problem lodger earlier however I don't think the subject of the original post is valid neither is the massive story that went with it.

If we took it to a small claims court could we ask for the original value of the dress (i.e. the £500) since that's what it would now cost to replace ? Could we ask for the full £300 which was the price physically paid for it ? The £275 was more of a goodwill gesture thing just to get it moving but after all that has happened we're no longer willing to be so understanding and nice about it.

Any advice greatly appreciated.

Jowo_2

The most basic of advice for mounting a small claims court order is to only proceed if you know where to serve the letter before action and subsequent court notification AND if there is a reasonable chance that the person will pay you, or is in the position to pay you, if you win.

There is no point in pursuing an action if you dont know the current residential address of the defendent or if the defendent doesn't have the means to pay it.

Psychofly

He certainly has the means, he's being awkward and trying to scare us off. We've now got confirmation of the current residential address.

PasturesNew

I'm just nosey/intrigued ... how did he damage the dress?

GoToGal

PasturesNew wrote: »

I'm just nosey/intrigued ... how did he damage the dress?

http://forums.moneysavingexpert.com/showthread.html?t=2227717

sequence

Psychofly wrote: »

If a lodger renting a room has admitted he caused damage to an item with a price tag of £300 (reduced from £500 in a sale) and you have various texts admitting liability from him but then starts arguing the amount and trying to make ridiculous payment schedules when asked for £275 since we had planned to sell it 2nd hand for this price, where do I stand ?

This is a follow up to my post about a problem lodger earlier however I don't think the subject of the original post is valid neither is the massive story that went with it.

If we took it to a small claims court could we ask for the original value of the dress (i.e. the £500) since that's what it would now cost to replace ? Could we ask for the full £300 which was the price physically paid for it ? The £275 was more of a goodwill gesture thing just to get it moving but after all that has happened we're no longer willing to be so understanding and nice about it.

Any advice greatly appreciated.

You can't take him to court for £500 only the £300 you paid. Well actually you can but the judge will just laugh ?

Offer £190 - a fair price considering the court fees and hassle you will have to go through.

Psychofly

Thanks for the input but there's no way we'd offer to accept £190. I don't mind the hassle, I've done small claims before. I didn't think we'd be able to go for a replacement cost but thought I'd better check before filling in the paperwork.
I'll add the cost of raising the small claims to the claim also. Thanks to everyone who read.

WoldView83

Hi,
I've never had a lodger and I'm not a landlord, but I wondered if your g/f can claim on her contents insurance under accidental damage? It might be worth looking at and less stressful than going to small claims court - or your lodger (if he has contents insurance too) Maybe also less animosity. (assuming her buildings and contents insurance knows the number of occupants in the house etc)

This maybe has no relevance to where you stand legally, but (ahem) where was the dress that the lodger's dog got to it? Can you definitely prove that it was not your gf's responsibility? I know I;d be gutted if someting I'd be planning to sell got damaged, but it would depend where I'd left it!

Psychofly

It was hanging in a spare room that the door was always closed on. The lodger opened the door and never closed it then let his dog wander in. He has admitted liability and accepted it was his dog's fault... it was him who told us it happened so there's no doubt over what happened and he's not disputing it.
Thanks for all the input, the lodger has finally agreed this morning to pay £75 up front then £50 per month for the following 4 months.