Burglary at flat - Landlord/Agent liable?

Guest101

SJI85 wrote: »

When I say she is a solucitor I do not mean that this will go on my favour or she can represent me. Far from it! - Neither was I. I'm saying she probably doesn't know the law as well as you think, and she is able to lie to you.

She is not a specialist in tennancy law. Personal litigation is her area....again I was not suggesting she could offer support.

Neither am I!


She might do. But since:
1: She's not acting in her capacity as a solicitor i.e. She is your LL. Just like if she was a police officer, it wouldn't mean she could arrest you for this. Or if she was a doctor...
2: She is under no obligation to be truthful with you i.e. the information you get from her may not be accurate.


So actually she knows what she can and cant enforce, but has no problem making 'suggestions' to you i.e. lying to you.


She also might not be a specialist in housing and tenancy laws.... i.e. She might not even know what she says isn't accurate.



So what I'm saying if that her being a solicitor is fairly irrelevant. In fact if she's going to sue you, she'll probably lose money as she cant claim her fees in small claims court.

Guest101

SJI85 wrote: »

I would like to pay reduced rent hope the landlord attempts to recover that rentvthrpugh the deposit. I will then wait and see the DPS' decision. If they find in my favour then great. If mot I am no worse off than I would have been.

There are no additional charges or intetest in my contract. I checked.

You will lose.

HappyMJ

SJI85 wrote: »

I would like to pay reduced rent hope the landlord attempts to recover that rentvthrpugh the deposit. I will then wait and see the DPS' decision. If they find in my favour then great. If mot I am no worse off than I would have been.

There are no additional charges or intetest in my contract. I checked.

They'll win the rent arrears easily but you are wanting to counter claim for losses to your goods.

The landlord does not have to accept ADR. They do not have to consider your claim for losses to your goods at all and by accepting ADR they will have to accept that a decision will be made not only on your rent arrears but on your claim to the loss of your goods which your landlord may not want them to consider your dispute.

The landlord therefore "may" use the courts to recover your rent arrears and you will need to put in a court claim of your own to recover the losses to your goods. It's two different issues you can if you want write a letter before action to your landlord right now demanding they reimburse you for your losses and if they fail to do so you can take them to court any time you want even before the end of your tenancy.

marksoton

There really is only one thing for it here...

:wall:

SJI85

Celifein wrote: »

Do people really go weeks (or go on holiday) without checking their door is locked? I check mine every time I leave the house and before I go to bed.

OP - The landlord is not responsible for you being burgled, nor are they responsible for you failing to insure your property

I was not on hpliday and no I do not. As stated in my earlier post I realised I had checked it a couple of weeks earlier (I was not present in the flat much the last two weeks which is why I mitigated my losses by removing most valuable items from the flat).

Even if I had insurance I would not be able to claim on the insurance nor would I have recovered most of my lisses even if I could. That is why I did not have any.

Guest101

SJI85 wrote: »

I was not on hpliday and no I do not. As stated in my earlier post I realised I had checked it a couple of weeks earlier (I was not present in the flat much the last two weeks which is why I mitigated my losses by removing most valuable items from the flat).

Even if I had insurance I would not be able to claim on the insurance nor would I have recovered most of my lisses even if I could. That is why I did not have any.

Talking such absolute rubbish.


Mitigating losses? No you weren't mitigating losses. Unless this is an inside job?! Mitigating losses = You've suffered a loss and do your best to contain that loss.


Why would you have not recovered your 'losses' if you insurance? What exactly got stolen, 2 kilos of Columbian pure?!

marksoton

SJI85 wrote: »

I was not on hpliday and no I do not. As stated in my earlier post I realised I had checked it a couple of weeks earlier (I was not present in the flat much the last two weeks which is why I mitigated my losses by removing most valuable items from the flat).

Even if I had insurance I would not be able to claim on the insurance nor would I have recovered most of my lisses even if I could. That is why I did not have any.

Let's be honest it's all semantics.

If you believe you have a valid claim get to court.

If you withhold your final months rent expect aggravation and your deposit to disappear.

Or suck it up and suffer the loss.

The choice is yours.

csgohan4

Can't believe this thread has gone through 3 pages and 51 replies.

Some people just want to blame someone else other than themselves.

Take it as a lesson OP, don't skimp on contents insurance and shop around.

Lock or no lock, if a burglar wants to come in, they will come in.

If you don't have insurance, the LL will not compensate you, they only have buildings insurance/ LL insurance to cover any damage you do.

ognum

The OP had decided what she was going to do before she posted, others have given opinion and advice, she is still going to do exactly what she planned.

So, go ahead!

csgohan4

Security doesn't need to be cheap. Lights/TV on timer for example, ensuring everything is LOCKED before going away. Neighbour to check on your house every now and again.

I wouldn't be surprised if this was an insurance job tbh with the state of the story so far.