markchambers24 Posted March 5, 2008 Report Share Posted March 5, 2008 Hi, I am a first timer to this so please bare with me. One of the tenants (who have no left the property - its now vacant) i let my property to has just taken proceedings out against me for an accident that happened in the house i was letting to her at the time. She claims that she fell on the wooden stairs and subsequently hurt her back and shoulder. She claims she has seen a docor and is currently going to a chiropractor for help. The letter from the Personal injury solcitors claims that i was negligent as the house was 'not fit for purpose'. they claim that as there was no stair rail, i am at fault and therfore should cover her costs. She had been there roughly a year and a half befire the accident and had not brought this to my attention before, it was only after the accident ahppened that she told me it was a hazard. The accident happened 19/1/08 and she only told me by text message 9 days later. I then placed a hand rail in the propoerty within 10 days - i was told by an employee assistance scheme that it was only flats/houses that were 15 years old or newer that it would be illegal to not have a handrail, BUT that it was a H and S issues which i would need to resolve i.e. put a hand rail in which then did. She has left me abusive messages and texts (which i have kept) but i am unsure what to do next? I have 21 days to respond to the letter from the solicitors. I have also since found out that she was in breach of her contract by sub letting the house - i have evidence of this. Does anyone have any ideas about how to respond?? Any help would be greatly appreciated. Thanks Link to comment Share on other sites More sharing options...
Trenners Posted March 5, 2008 Report Share Posted March 5, 2008 Hi Mark, Get yourself a solicitor - and pay for some legal advice. Good luck and let us all know what happens .... Mark Link to comment Share on other sites More sharing options...
GPEL Posted March 5, 2008 Report Share Posted March 5, 2008 Trying her luck. Get advice from CAB. Write to her solicitor explaining that you do not accept liability and if you receive any more abusive contact from her will make a counter-complaint of harassment and have kept evidence. Check your own insurance policies first as you may be covered by them and need to follow their procedures. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted March 5, 2008 Report Share Posted March 5, 2008 Check your Ins policy to see if you are covered ...take legal advice before responding .....open a BIG ring binder file (!) as once PI solicitors start they will drag this out for probably severl years ... I am still trying to get rid of a claim for a T who broke her foot in a manhole (NOT) at my prop nearly 2 years ago ! Log all time calls expenses associated with the claim so you "may" be abe to counter claim .... The Rodent Link to comment Share on other sites More sharing options...
markchambers24 Posted March 5, 2008 Author Report Share Posted March 5, 2008 Hi all, Thanks for your advice. To make matters worse, i have to come clean with facts. When i first bought the place, i intended to live in it. However, i then decided to let it out (with the same type of mortgage as if for myself). In addition, the insurance i have is buidlings insurance (which has a buildings liability part to it) but was for me as if i was living at the property and NOT having tenants in it. I fear i have made a HUGE error here and am worried that if it did go to court, this would all come to light and i would be liable for her compensation and court costs (in addition to potential tax implications) I'll read my insurance policy, but im certain i wont even be covered for this type of claim. Any thoughts? Comments?? Advice?? Im thinking i might just stomp up the money and forget about it? Link to comment Share on other sites More sharing options...
GPEL Posted March 5, 2008 Report Share Posted March 5, 2008 Forget this forum, you need professional advice from someone who is qualified to correctly advise on your particular situation. Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted March 5, 2008 Report Share Posted March 5, 2008 Gpel's advice is best course .....Get immediate legal advice ...... The Rodent Link to comment Share on other sites More sharing options...
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