Landlord Suing me for £6,500!!!!

macman

If most of his claim is as ludicrous as you suggest it is, then why on earth don't you want to defend the action in court? It'll be thrown out and you will get your costs.

rmacnair

RAS wrote: »

As per your original post, you do not seem to be able to separate the wood from the trees.

I can and I do see where you're coming from. But, I have already written it and it isn't going to go against me if do include all that is it? so why not include as much information as possible, just in case it helps even a tiny little bit.

rmacnair

macman wrote: »

If most of his claim is as ludicrous as you suggest it is, then why on earth don't you want to defend the action in court? It'll be thrown out and you will get your costs.

Because I want an easy life. I don't want to be dragged through mitigation and court if I don't have to; I'd rather end it now or have a bit of back and forth with the solicitors before settling on an agreed compensation.

Mallotum_X

rmacnair wrote: »

I can and I do see where you're coming from. But, I have already written it and it isn't going to go against me if do include all that is it? so why not include as much information as possible, just in case it helps even a tiny little bit.

Keep it simple and to the point.

Reue

rmacnair wrote: »

Because I want an easy life. I don't want to be dragged through mitigation and court if I don't have to; I'd rather end it now or have a bit of back and forth with the solicitors before settling on an agreed compensation.

If you think it's easier to defend through letters.. surely it makes sense that it's easier for the solicitors to claim through letters as well.

All that will happen is a continued back and forth between you both.

Before anything goes to court you will recieve details and have a chance to put down your side of the argument in writing. Just wait for that to (if it ever does) happen.

rmacnair

Reue wrote: »

If you think it's easier to defend through letters.. surely it makes sense that it's easier for the solicitors to claim through letters as well.

All that will happen is a continued back and forth between you both.

Before anything goes to court you will recieve details and have a chance to put down your side of the argument in writing. Just wait for that to (if it ever does) happen.

I've never been through any sort of court action or legal proceedings before, other than a speeding fine. What is the requirement for the LL's solicitors? i.e. what steps do they have to legally follow before it goes to mitigation and court (I assume this would go to a small claims court?)

kmmr

rmacnair wrote: »

Hows this for a cover letter? btw loving the word vexatious!! The £285 offered is for the outstanding bills which I agree I owe.


In all honesty, I am offended at the ludicrous and frankly extortionate amount you are attempting to claim on behalf of your client. I would expect a company of such legal standing to rationalise such claims and actually interrogate the evidence; there are several instances where the claims are obviously not my responsibility and others where work has been carried out by companies which I believe do not exist as a legal entity, let alone specialise in the work they have carried out, yet have provided invoices. I shall however make it very clear at this point that I will defend any court claim vigorously and counter claim for harassment caused by bringing a vexatious and speculative demand. As far as I am concerned, the contract is closed and finalised.

In summary, I am offering to pay £228.45 to the landlord, of which £100 has already been taken from the initial deposit. This conclusion has been reached on the following basis:

· The majority of costs quoted are to replace items where a simple repair at a small fraction of the cost would suffice (e.g. quoted new kitchen at £4,560; estimated DIY repair cost of £16 etc.).

· Where replacements were actually required (i.e. not possible to repair), they should have been like-for-like and age-for-age replacements. The landlord is not entitled to recoup costs against improvements to the property; only to recoup costs to bring the property back to the condition it was in at the start of the tenancy.

· Landlord has invoiced for services which are not the tenants responsibility (e.g. electrician used during tenancy for general maintenance, emptying of septic tank 5 months after end of tenancy etc.)

· During the tenancy the landlord ignored the vast majority of requests to maintain the property and only did minor maintenance when threatened with legal action by Housing Standards.

· Six months of faulty electrics, ignored by landlord on several occasions

· Landlord was repeatedly in breach of the agreement, trespassing on the property and letting himself in to the house without permission or notice.

I look forward to your reply, which I expect within 14 days (10-October-2013) inline with your previous letter’s request.

This letter is completely too long, and totally over emotive. If you call someone vexatious you will just make them feel like they have to respond. I suggest you completely tone it down, shorten it and be calm and polite. If this does go to court name calling in letters will only make you look bad.

rmacnair

kmmr wrote: »

This letter is completely too long, and totally over emotive. If you call someone vexatious you will just make them feel like they have to respond. I suggest you completely tone it down, shorten it and be calm and polite. If this does go to court name calling in letters will only make you look bad.

I'm not calling someone names:
vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary.

i.e. suing someone for £6,500 for a couple hundred pounds worth of damage

TBagpuss

kmmr wrote: »

This letter is completely too long, and totally over emotive. If you call someone vexatious you will just make them feel like they have to respond. I suggest you completely tone it down, shorten it and be calm and polite. If this does go to court name calling in letters will only make you look bad.

I agree.

I would suggest that you keep any letter very brief.

e.g.
"I acknowledge receipt of your letter. I note that the landlord is seeking to claim from me the cost of significant improvements to the property, together with items (such as emptying the septic tank) which relate to a period of 5 months after I left the property, during which the landlord was living in the property himself.

Clearly I cannot accept any responsibility for the cost of improving the property, or of maintenance following my departure. Equally, I cannot accept responsibility for the routine maintenance required on the property as a result of normal, day-to-day occupation of the property.

At the time I left the property, I agreed with the landlord that he would retain £100 from my deposit to cover the cost of the minor repairs required to make good the damage caused by my dog chewing. It was my understanding that this was accepted in full and final settlement of any liability, as no indication was given to the contrary.

If you can provide written estimates for making good the minor damage caused by my puppy, to return the property to the condition it was in at the time I moved in (at which time, as shown on the original inventory, there were

I will be happy to give these my consideration. Please provide photographs showing the damage it is alleged was caused.

angrypirate

One more thing - do NOT make an offer without saying WITHOUT PREJUDICE.

Making an offer without saying "WITHOUT PREJUDICE" can be used against you in court as an admission of guilt.