Advice on a tenant

kennersuk

My elderly uncle rents a gorgeous house out and has recently been having a lot of trouble with tenants, the first lot simply refused to pay any rent which was bad enough! However with the latest tenants things have got much worse!

The garden at the front of the property is stunning and well kept, to the rear of the house is a very steep embankment which is very wild and held back with a large brick wall. For some unknown reason the tenant decided to climb up the embankment, a brick in the wall came loose and the tenant fell braking his arm in the process.

I have heard that the tenant plans to sue my family using one of the 'no win no fee' company's you see all over the place which understandably is causing my uncle a great deal of stress. Does anyone have any experience of sombody trying to make a similar claim against them? Or would anyone know if in any event it its the letting agent who is responsible rather than the tenant?

Many thanks in advance for any advice,

Best Wishes

dmg24

Does your uncle have landlord's insurance?

kennersuk

Im not sure dmg, I will ask him, he had an insurance that paid the rent for the last tenants who left without paying anything so possibly

kitekat

Its hardly your uncles fault if the tenant decides to climb the embankment,i dont think tenant would have a leg to stand on (if youll pardon the pun)

dmg24

I agree, it is not your uncle's fault, but it is not as simple as that in the eyes of the law.

People sue for the strangest (and most irrational) of things these days, and all too often, win.

If he does have insurance, hopefully he will have legal cover through that. If the tenant does issue a claim, he does need professional advice asap.

Let us know what happens x

dmg24

Just to double check, the brick wall is on your uncle's property, isn't it?

dangeroussports

Do his other leg. Give him a reason to whinge the sorry sack of ****

black-saturn

Is the embankment and the wall on your uncles land and part of the property which is rented? If so I'm afraid it's your uncles responsibility to make it safe for the tenants. If it wasn't safe there should have been some kind of sign warning of this. The tenant is entitled to use the property as their home so they were within their rights to visit any area of the garden. So I hope your uncle has landlords insurance?

marleyboy

If I was your uncle, I would claim that the brick wasnt loose to start with, and the tenant must have dislodged it by climbing on the wall, unless the tenant can prove otherwise, and also state WHY he was climbing it in the fist place, tell him to put in a claim for damage to the property

nealallen

OP. I've sent you a PM mate!

alison999

I haete bad tennents. I have bad credit and, because of bad tennants many letting agencies use credit checks which i always fail even though no matter whats happened with credit cards etc, ive ALWAYS paid my rent!!! agggghhhh!!! anyway, if the walls on your uncles property he is liable - i believe its HIS responsibility to keep it in order, even though the guy is too dumb to realize he shouldnt climb over a wall!!