Tenant Nightmare

pinkshoes

I am strugging to see why the tenant has a claim when clearly the infestation is their fault.

I would be WRITING to the tenant retracting your previous good will gesture, pointing out that you have evidence showing the infestation was entirely their fault, so on this basis you will happily defend the claim as well as counter claiming for the cost of fumigation should they wish to continue with the court case.

FBaby

I agree that you agreeing (you don't have to have paid yet) is what could go against you. The default position is that people pay damage because they consider themselves responsible and I expect that what they will use to support their case.

So it comes to the detail between the available correspondence. How did you word the offer of goodwill? Did you write something along the line of 'I take no responsibility for any of the damage to your property as I am not responsible for the investation, however as We've had a good tensnt/landlord relationship so far and I sympathise with your position, I am prepared as a gesture of goodwill only, provide a reduction of rent of £X' that would be good.

If you however, even if written only initially and then changing your tone, said 'I'm sorry for the damage caused by the infestation for which I ve agree to pay for a pest controller to come and resolve the issue, I will also pay towards any damage cause to your belongings', then you could be in trouble.

They might also argue that if you didn't accept any responsibility towards the investigation, why did you agree to calling and paying towards the pest controller.

You really need to gather what you have in writing to and from them before deciding your best defence.

brianposter

FBaby wrote: »

The default position is that people pay damage because they consider themselves responsible and I expect that what they will use to support their case.


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They might also argue that if you didn't accept any responsibility towards the investigation, why did you agree to calling and paying towards the pest controller.

You really need to gather what you have in writing to and from them before deciding your best defence.

People also pay for things because it is in their own interest, and removing damaging insects from a property is obviously in a landlords interest.

lucybrown162

pinkshoes wrote: »

I am strugging to see why the tenant has a claim when clearly the infestation is their fault.

I would be WRITING to the tenant retracting your previous good will gesture, pointing out that you have evidence showing the infestation was entirely their fault, so on this basis you will happily defend the claim as well as counter claiming for the cost of fumigation should they wish to continue with the court case.

An interesting idea pinkshoes. Would it not seem a little 'after the fact' to do this after receiving the claim from them or does that not really matter?

lucybrown162

FBaby wrote: »

I agree that you agreeing (you don't have to have paid yet) is what could go against you. The default position is that people pay damage because they consider themselves responsible and I expect that what they will use to support their case.

So it comes to the detail between the available correspondence. How did you word the offer of goodwill? Did you write something along the line of 'I take no responsibility for any of the damage to your property as I am not responsible for the investation, however as We've had a good tensnt/landlord relationship so far and I sympathise with your position, I am prepared as a gesture of goodwill only, provide a reduction of rent of £X' that would be good. yes, it was along those lines more or less

If you however, even if written only initially and then changing your tone, said 'I'm sorry for the damage caused by the infestation for which I ve agree to pay for a pest controller to come and resolve the issue, I will also pay towards any damage cause to your belongings', then you could be in trouble. nothing like that

They might also argue that if you didn't accept any responsibility towards the investigation, why did you agree to calling and paying towards the pest controller. to protect my own property (wool carpets in the house)

You really need to gather what you have in writing to and from them before deciding your best defence.

am in the process of doing so :-)