hamiltonprest Posted November 7, 2007 Report Share Posted November 7, 2007 My friend asked me to rent my property for her manager, she offered to pay the rent (6 x £550) upfront - I got a lease drawn up by lawyer. One month after commencement of the lease there was storm damage and water damage to my floored loft. I contacted my insurance company and they passed it onto a local company - the tenant remained in the property but they told me they were moving out and wanted £3000 refund. Tenant vacated the property last week - I only knew because a neighbour saw a van - they emailed on Monday this week to say keys had been posted back through the door. Their lawyer has sent me a letter asking for £3000 refund or they will be taking me to court. The lawyer has said the property is not habitable but local council environmental health officer has been to view property with my tenant and she told him house was habitable and his gripe was he had paid money upfront. They havent paid council tax, gas etc. Can I now lease the property as I am concerned property is not being heated. My first buy-to-let - tenant from hell. Can anyone help. Link to comment Share on other sites More sharing options...
GPEL Posted November 7, 2007 Report Share Posted November 7, 2007 Stand your ground. There appears to be no grounds for a refund. Tell her lawyer that you have independant confirmation from the council that this is the case and that your tenant remains liable for the property however you will seek replacement tenants and end the tenancy once new tenants take possession. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted November 8, 2007 Report Share Posted November 8, 2007 Yep Agree with Gpel offer to refund balance after new T found and also cost to procure new tenant to be deducted. I would take a note of meter reads and move date (just in case things go pear shaped !!!) Very much stand your ground ....as far as CT & utilities are concerned just ensure that they all in T name and when the time comes produce ast (assuming 1.you have an ast and 2.this states that they are legally responsible for them whilst ast within ast term) If you had evcicted them b4 fixed term up, there would be more trouble than you can believe, so why would you want to let them bully you like this ? Speak to CAB it will be interesting to hear their advice ! If you do not have it already ...get the council report in writing Like asap Please let us know how this one continues Simon Link to comment Share on other sites More sharing options...
J4L Posted November 8, 2007 Report Share Posted November 8, 2007 This is an interesting one. . . And I agree with the above, stand your ground. If you have had this lease drawn up by a lawyer ask them their advice. If they've done their job properly then the Council Tax and utilities issues should have been covered. Their lawyer has sent me a letter asking for £3000 refund or they will be taking me to court I'd hang fire on this one and don't feel bullied by this demand for payment. Simon, Speak to CAB it will be interesting to hear their advice ! Yup i'm looking forward to this one, we should open a book on what advice they give. As we all know the CAB are c**p and don't really understand/know the law. My money is on "oh I think you should give them a refund" haha Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted November 8, 2007 Report Share Posted November 8, 2007 Have to say me experience of Both CAB and Tradings stds has been VERY helpful on many occasions as b4 i found forums this was my main source of advice .... It is a great shame that more LL dont call them as this would give them a far more balanced view of what is going on out here ! and while you're at it call shelter and see what they have to say ... please keep us updated I would also call the "lawyer" and ask on what grounds he feels the money should be returned other than intimidation by virtue of the fact that the letter has a legal name and address at the top also get him to explain why what he is claiming could not possibly be considered extortion ?!! I would ! but you know me ! Simon Link to comment Share on other sites More sharing options...
GPEL Posted November 8, 2007 Report Share Posted November 8, 2007 Lawyers demand-letters are like DC letters, there to exert influence on the receiving party. For them to take it further they would need to issue a small claim. Write back to the lawyer, explain that you dispute the need to refund anything at this stage as there is a legally binding tenancy agreement in place and will put up a defence should proceedings be issued. On a different matter to do with lawyers, had to smile the other day when an ex-tenant's solicitor (who advised him not to pay the rent) called to see if I knew his whereabouts because he hadn't paid their bill... Link to comment Share on other sites More sharing options...
J4L Posted November 8, 2007 Report Share Posted November 8, 2007 I love this!!! Link to comment Share on other sites More sharing options...
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