Threatening ex-tenant

susaq12

My son's tenants have damaged his fridge and the cost of repair obtained by the letting agent is £375. They have retained this from the bond and the case will go to the independent review people.
In response he is taking my son to the small claims court for failing to repair a leaking roof. He reported the roof on January 7th, the agent had a report done on Jan 12th and we asked our own contractors to look at the damage the same day.
He contacted the tenant and went to view the roof damage from the outside of the property but could see no obvious issues. He recommended a flat roofer who we called the next day but he was in Spain. On his return he contacted the tenant but could not gain access to the property and again inspected it from the outside, and could see no obvious damage.
We all communicated with the agent but they were unable to contact the tenant. They moved out of the property on January 21/22nd and their tenancy ended on February 15th.
They are now claiming 5 weeks rent payments stating the house was inhabitable and they have emailed today quoting they feared the ceiling would come down (it's still up even with storm Doris!)
Should we just let him apply to the court and hope for the best?
Also, he's writing to report my husband to Rent Smart WALES for answering texts regarding repairs (the patio doors needed a bit of WD40). My son is the registered landlord and he uses an agent but he had my husband's number from before RSW came into force so he answered him.
All this has come about from my son serving them their end of tenancy notice when they wanted to stay.
This last 6 months has been such a nightmare he's now selling his house!!!

Any help would be appreciated :eek::eek:

steampowered

Should we just let him apply to the court and hope for the best?

If a court claim is received, your son needs to file an acknowledgement of service and defence within the deadlines set out on the form. The defence would state the reasons for your son disputing the claim.

If your son fails to file a defence in response to a claim form, a default judgment will be issued for the full amount claimed.

From what you've said presumably the basis of the defence would be that the house was in fact habitable.

For the other things I just think you have to let the deductions process and any complaint to run its course, and deal with any contact from Rent Smart Wales if any is received.

theartfullodger

I'm confused.

Are you asking if son should threaten the ex-tenant (no...) or asking if the ex-tenant is threatening son (.. no...He's going down a valid legal route. He'll probably fail, but it ain't threatening.), please?

kinger101

£375 to repair a fridge? Don't be silly. The letting agent is trying to milk the tenants. And it's now escalated and everyone's acting like imbeciles. Everyone will lose if this goes to court because they don't like mediating over bickering idiots.

I'd get rid of agents and tenants at the soonest opportunity. Your son has employed a bunch of idiots who've found another bunch of idiots for tenants. If they've lived there while the roof is a bit leaky, the place isn't uninhabitable.

Your son would be wise to sell, because he isn't landlord material. People are p155ing on his back and telling him it's raining.

adindas

kinger101 wrote: »

£375 to repair a fridge? Don't be silly. The letting agent is trying to milk the tenants. And it's now escalated and everyone's acting like imbeciles. Everyone will lose if this goes to court because they don't like mediating over bickering idiots.

I'd get rid of agents and tenants at the soonest opportunity. Your son has employed a bunch of idiots who've found another bunch of idiots for tenants. If they've lived there while the roof is a bit leaky, the place isn't uninhabitable.

Your son would be wise to sell, because he isn't landlord material. People are p155ing on his back and telling him it's raining.

Indeed.
For £375 I could easily get a new Fridge Freezer.
You could easily get secondhand Fridge Freezer for less than £50 available on eBay.

Lazarus_Blackstar

susaq12 wrote: »

My son's tenants have damaged his fridge and the cost of repair obtained by the letting agent is £375.

£375 to repair a fridge?
Surely it would be cheaper to buy a new one, providing it's not one of those really expensive American fridges?
Seems a lot of money just for a repair.
What was the damage to it?

G_M

susaq12 wrote: »

My son's tenants have damaged his fridge and the cost of repair obtained by the letting agent is £375. They have retained this from the bond and the case will go to the independent review people.
So the bond arbitrators will decide, based on the evidence.
* what evidence has been submitted?
* This is a repair bill yes? How many quotes were obtained, was £375 the cheapest, and has that been submitted, with the other quotes, to the arbitrators?
* how much was the fridge worth? Cost new? Current age? Current value?
* was the fridge listed on the original inventory as in good working order? Was the inventory submitted to the arbitrators?

In response he is taking my son to the small claims court for failing to repair a leaking roof. He reported the roof on January 7th, the agent had a report done on Jan 12th and we asked our own contractors to look at the damage the same day.
He contacted the tenant and went to view the roof damage from the outside of the property but could see no obvious issues.
* What kind of contractor? a roofer? If yes, why did he then recommend another roofer? If no, why send a non-roofer to look at a roof?
* What had the tenant said was wrong with the roof? Had he claimed an internal leak?
* Why did the contractor not go inside to see the leak? Did the tenant refuse him access?

He recommended a flat roofer who we called the next day but he was in Spain. On his return
* when - how soon? If a delay because he was abroad, why not find another foofer?
he contacted the tenant but could not gain access to the property
* why? Did the tenant refuse access? Or just was not available?
* does the agent, or your son, not have keys? Why did your son not write giving 24 hours notice and then use keys to gain access?
and again inspected it from the outside, and could see no obvious damage.

We all communicated with the agent but they were unable to contact the tenant.
* So did anyone manage to contact the tenant, and with what result?
They moved out of the property on January 21/22nd and their tenancy ended on February 15th.
* I assume they paid rent up to Feb 15th?
They are now claiming 5 weeks rent payments stating the house was inhabitable (uninhabitable?!)and they have emailed today quoting they feared the ceiling would come down (it's still up even with storm Doris!)
* Have you (and/or roofer) now inspected internally?
* is there evidence of a leak inside? Is the ceiling wet? Holding up a pool of water?
* is there in fact a problem with the roof?
Should we just let him apply to the court and hope for the best?
* well, you can't stop him foing that!
* Or are you suggesting paying him the money he claims, or offering a %?

Also, he's writing to report my husband to Rent Smart WALES for answering texts regarding repairs (the patio doors needed a bit of WD40).
* if the tenant sent your son texts, what is wrong with your son answering?
* was the patio doors the only repairing issue he is claiming?
* what was the issue - they squeaked? They were jammed shut? They could not be closed?
* how soon were they fixed?

1) Make sure all evidence, and statements, are submitted to the arbitrators about the fridge. The more comprehensive the better. Remember a LL cannot claim 'betterment', so if it's an old fridge, the age will be taken into acount

The arbitrators will simply look at the evidence submitted by each side, so the more the better

2) The roof. Sounds like the LL/agent responded reasonably prompty. It's unclear though only external examination took place. If the tenants refused access, this will destroy their case, but it's unclear why no one went inside. It's also unclear what the problem was.
But given the ceilig had not collapsed, and still hasn't, I doubt a court would agree the property was uninhabitable.

Without knowing all the facts (see Qs above) it's hard to advise, but it appears there is no real case to answer and the LL should simply wait and see if the tenants go to court or not.

3) I've no idea how Rent Smart WALES operate, but I imaging if they receive a complaint, they will write to the LL, who can then respond. Provided he can show he responded to the initial complaint (patio doors etc) reasonably (ie without excessive delay, and with appropriate remedial action), then I see no problem.

susaq12

Sorry I did waffle a bit! No my son is not making any other claim (or threat) other than to repair the damage to the fridge.

susaq12

kinger101 wrote: »

£375 to repair a fridge? Don't be silly. The letting agent is trying to milk the tenants. And it's now escalated and everyone's acting like imbeciles. Everyone will lose if this goes to court because they don't like mediating over bickering idiots.

I'd get rid of agents and tenants at the soonest opportunity. Your son has employed a bunch of idiots who've found another bunch of idiots for tenants. If they've lived there while the roof is a bit leaky, the place isn't uninhabitable.

Your son would be wise to sell, because he isn't landlord material. People are p155ing on his back and telling him it's raining.[/QUOTE

The quote is to change the door as it has electrics through it. I don't think he'll be awarded anywhere near the replacement cost but the tenant has offered zero on the basis of poor kitchen design!
My son is 23 and rented his house to save to go travelling so the fridge/freezer was one he had purchased for himself.
You're right, none of us will ever make landlords - it's way too stressful!
The tenants have moved out and somehow a battle has commenced.

susaq12

adindas wrote: »

Indeed.
For £375 I could easily get a new Fridge Freezer.
You could easily get secondhand Fridge Freezer for less than £50 available on eBay.

I completely understand this logic if there had been a £50 fridge in there to start with (which in hindsight would have been the sensible thing to do). The fridge/freezer was new and fitted in the new kitchen so we left it there.
I would personally be mortified if I damaged someone's property in the way they have but we can't all be the same!

susaq12

Lazarus_Blackstar wrote: »

£375 to repair a fridge?
Surely it would be cheaper to buy a new one, providing it's not one of those really expensive American fridges?
Seems a lot of money just for a repair.
What was the damage to it?

Sadly it was an expensive American one, which was fitted with the new kitchen. It has a filter and temperature gauge for the water cooler in the door that was damaged so I think that's the reason for the cost.
It's cosmetic damage down to the primer for the whole length of the door.