Avice on claim against council tenants pls

Grumpy_chap

simonj123 said:

Grumpy_chap said:

simonj123 said:

We did a handover at the end of the PSL but I only discovered the damage after approx 1 month.

I think the Council, and quite likely any Court, will find that fairly conclusive.
No damage recorded at the time of check out.
Damage advised a month later could have been caused by anyone.
I think you need to take this hit.

The thing is though I have time dated photographic evidence sent on a time dated email which proves the damage caused, which is why I suspect its worth pursuing. Have you gone through this process and do you know if there are other likely fees to the arrange and hearing I cited ?

No, I have not been through this process.

I am now also confused.  
Initially, you indicated the check-out process and the damage noted / reported a month later.
Now you say there is a time-stamped photo.  When was this taken?
But, presumably, the part about notifying the Council a month after the checkout remains.  What happened in that time between the photo being taken?

Can you set out the exact timelines:
 - Date the PSL handover was carried out?
 - Date the damage was noted?
 - Date the timestamped photo was taken?
 - Date the damage was notified to the Council?

If I can not assist, others may be able to with the above information.

I am also not sure how solid the evidence of one time-stamped photo will be in the context of everything else?  Particularly how easily time-stamped photos can be set to whatever is required.  I can set any date to my digital camera - even the future.  Unless you have a fully geo-located encrypted time stamp, it may mean nothing.

In the meantime, would you like a photo of Brighton Pier taken next Sunday?

simonj123

Can you set out the exact timelines:
 - Date the PSL handover was carried out?
 - Date the damage was noted?
 - Date the timestamped photo was taken?
 - Date the damage was notified to the Council?

Hey GC

Handover approx 7/18
Damage noted approx 9/18
Photo taken 11/17
Council notified 9/18

Hope this helps. The photo was a little bit lucky as a neighbour took it for a related incident but not the specific incident I'm citing, with the damage visible from this picture. I notified the council as soon as I realised the damage, asuming they would resolve it straight away. We live and learn, dirty bastads.

I hear you on the timestamp but I would find it hard to believe a judge would think I faked this, along with an email, which could be traced through the isp for veracity, as they are genuine. There must be a way this could be tested if needed, if anyone knows ?

sb

user1977

simonj123 said:

Can you set out the exact timelines:
 - Date the PSL handover was carried out?
 - Date the damage was noted?
 - Date the timestamped photo was taken?
 - Date the damage was notified to the Council?

Damage noted approx 9/18

As I alluded to above - if you first became aware of the damage approx. 6 years ago, when do you think the deadline is/was for you raising a court action about it?

lincroft1710

simonj123 said:

Can you set out the exact timelines:
 - Date the PSL handover was carried out?
 - Date the damage was noted?
 - Date the timestamped photo was taken?
 - Date the damage was notified to the Council?

Hey GC

Handover approx 7/18
Damage noted approx 9/18
Photo taken 11/17
Council notified 9/18

Hope this helps. The photo was a little bit lucky as a neighbour took it for a related incident but not the specific incident I'm citing, with the damage visible from this picture. I notified the council as soon as I realised the damage, asuming they would resolve it straight away. We live and learn, dirty bastads.

I hear you on the timestamp but I would find it hard to believe a judge would think I faked this, along with an email, which could be traced through the isp for veracity, as they are genuine. There must be a way this could be tested if needed, if anyone knows ?

sb

You've let this drag on for 6 years!!

Grumpy_chap

simonj123 said:

Handover approx 7/18
Damage noted approx 9/18
Photo taken 11/17
Council notified 9/18

Are you based in America?
Your date format would appear to be.

Assuming that to be the case, the dates seem to have a typo somewhere.
Are all the dates this year (2024)?

• Handover 18th July
• Damage noted 18th September
• Photo 17th November
• Council notified 9th September

We seem to have got back to those digital cameras and the photos taken in the future....

Or, as others have read, the dates are simply month and year:

• Handover July 2018
• Damage noted September 2018
• Photo November 2017
• Council notified September 2018

If all this happened back in 2018, is this now time-barred?

user1977

Given the OP has previously said this has been dragging on for "years", I presume the latter interpretation is correct.

simonj123

Yes, somewhat embarrassingly this has dragged on for nearly six years; mitigating circumstances, Covid, family bereavement among others although I've still dragged my heels to be honest. It's a pain in the butt I thought the council would come good on, famous last words.

As alluded to, I have left it very late and have approx 3 weeks or so before the 6 year cut off, which was when their tenants vacated, I was assured by solicitors.

Can others estimate if there are likley to be many other charges, other than arragement and hearing or if this is a Pandora's Box, as I'm hedging on taking a hit and moving on or taking a stand on principle as much as finance as the Council have been a bunch of scabs ?

Grumpy_chap

It really sounds like this is your hit.
Efforts might be better expended anywhere else.

lincroft1710

simonj123 said:

As alluded to, I have left it very late and have approx 3 weeks or so before the 6 year cut off, which was when their tenants vacated, I was assured by solicitors.

Can others estimate if there are likley to be many other charges, other than arragement and hearing or if this is a Pandora's Box, as I'm hedging on taking a hit and moving on or taking a stand on principle as much as finance as the Council have been a bunch of scabs ?

You have previously posted the property was handed over to you in July 2018 and you first noticed the damage in September 2018, You are now saying "the solicitors" are saying their tenants vacated in September 2018. Did "the solicitors" write to you giving the precise date the council's tenants moved out?


As others are saying just move on.  

simonj123

lincroft1710 said:

simonj123 said:

As alluded to, I have left it very late and have approx 3 weeks or so before the 6 year cut off, which was when their tenants vacated, I was assured by solicitors.

Can others estimate if there are likley to be many other charges, other than arragement and hearing or if this is a Pandora's Box, as I'm hedging on taking a hit and moving on or taking a stand on principle as much as finance as the Council have been a bunch of scabs ?

You have previously posted the property was handed over to you in July 2018 and you first noticed the damage in September 2018, You are now saying "the solicitors" are saying their tenants vacated in September 2018. Did "the solicitors" write to you giving the precise date the council's tenants moved out?


As others are saying just move on.  

Handover date is not the dates tenants move out. Moving on isn't easy when you've been semi rooked.