UK Landlord Forum / Life

Hi everybody, I'm going to call the legal advice line too but thought it would be good to get others' opinions/see if this has happened to anyone else...

in a nutshell - tenants made my life hell for 6 months (did finally leave) - nice as pie to start with although I was getting an inkling they did not like visits etc. Then after not hearing from them for 6 months suddenly a long list of problems making the house sound derelict. I had the most pressing fixed straight away and contacted builders etc to assess/quote for the rest. They refused entry and were becoming increasingly bullying in manner, they called in environmental health who I worked with and they were satisfied (EHO) as were the council. I was forced to hand over management to estate agent as could no longer bear dealing with the tenants. They continued to refuse entry to agents builders and gas man despite claiming there was a gas leak (there never was).

They were obviously served notice but were already withholding rent not following correct procedure due to the problems they claimed were there so went with section 21 to be safe.
They stayed over the deadline eventually being 6 months in arrears AND they were then trying to sue me for disrepair (they employed a surveyor to make an expert witness report but as far as I could see did not follow the protocol that their solicitor sent me)
I refused to agree to that to claim and have since tried to make an official complaint against the surveyor which has come to nothing as apparently because it wasn't me paying him I cannot complain (ombudsman said that). The report was a load of lies - which can be proven by my photographs and testimony of neighbours/gas/council/EHO. and even estate agent who sometimes employs the surveyor has said it was tenant opinion not fact.
Surveyor may as well have not visited and just took dictation from tenant.

Right - so 2 questions - how likely to be successful at getting rent arrears back would I be in small claims court?
And has anybody got any experience of complaining against surveyor report - ombudsman said I would need to take him to court to disprove it - I have no idea how I would go about that/potential costs OR can it be part of the claim for rent ie could I present it to the court then?

By the way, after I replied to their solicitor contesting their claims I did not hear back and have not and that was end May.
thanks in advance :-)

I would write off the tenant arrears and move on.  Life is too short.

It would not be too expensive or time-consuming to try the small claims for arrears.You sound pretty savvy,so could do this yourself to save on legal fees.It depends how worried they are about possible CCJ's and the effect on their credit rating.You would want to include all paperwork that proves the tenants had no legal right to stop paying you.

I don't know about suing the surveyor in these circumstances.I know someone who tried,having lost a buyer for her house due to an incorrect survey.She gave up in the end.You may end up  having to suck it up,and at least be grateful they have gone away.

Thanks both.

Some people do say to let it go and it's more of a moral fight than the money really :-) I've since learned that they've done it before and were paid off to get rid of them (due to the timing I think they wanted to stay in the house until I agreed to it but of course I sent my reply to arrive on the last day of the "20 working days" ;-) They're just vile and I don't think people should be allowed to get away with it. Due to things they have said it is personal.

It sucks about the surveyor! And I feel for your friend heavykarma - I now think that must be one of the most corrupt professions! I told the RICS they are just looking out for their members.

You sound pretty savvy - Thankyou! I've got tons of paperwork! all conversations, texts, photos etc etc. I'm guessing my response on survey report could be included anyway. Am assuming you send everything in when you apply for court?? And hope you get a judge who reads it all??

Reading about small claims - I think I need to do the "Letter before action" which they never called theirs (but I was planning on doing that anyhow) - I can send that to their solicitor (tenants think I don't know their new address) but I can do that myself - I  don't need a solicitor to do it?

I think I could include absolutely everything in that - arrears, damage, even compensation for stress - and they may offer less (If I'm very lucky and depending how worried they are!!)?

What I don't know is if I apply to court for the maximum is it likely to be turned down OR would the judge say "just pay such and such" OR do I just play safe and go for arrears and a bit for damages? Anyone experienced in this?

I'm not sure there is the opportunity to send in supporting paperwork with application so maybe you just take it on the day if you do go to court. That would be a nightmare if I did have to face them but needs must

I did it once with a tenant who left the place in a disgusting state,plus arrears.I sent a letter detailing what I was claiming,and giving 14 days for payment,otherwise small claims.I was very surprised when he contacted me via the agent and paid the arrears,plus money for cleaning.That said,he was an irresponsible idiot,but not a truly bad person.I think CAB had advised him to avoid getting a CCJ.

.You make no mention of the deposit-have you been able to keep that,or are they disputing?
Also,if they are on benefits,it will not be worth pursuing.They will be ordered to pay small sums over a long time,not worth the hassle.I do wish you luck,it really sticks in the throat to see them get off scott free.You need to set a limit though,seeking justice/revenge against people like this can take over your life,then they really have won.

Quote from: heavykarma on August 15, 2018, 09:05:05 PM
I did it once with a tenant who left the place in a disgusting state,plus arrears.I sent a letter detailing what I was claiming,and giving 14 days for payment,otherwise small claims.I was very surprised when he contacted me via the agent and paid the arrears,plus money for cleaning.That said,he was an irresponsible idiot,but not a truly bad person.I think CAB had advised him to avoid getting a CCJ.

.You make no mention of the deposit-have you been able to keep that,or are they disputing?
Also,if they are on benefits,it will not be worth pursuing.They will be ordered to pay small sums over a long time,not worth the hassle.I do wish you luck,it really sticks in the throat to see them get off scott free.You need to set a limit though,seeking justice/revenge against people like this can take over your life,then they really have won.

Hi, I know, I already obsess about it. :-(

The deposit was done via the local council so I got that at least. Tried chasing benefits for direct payments to me whilst they were still there but something weird had gone on and I haven't heard back from them in a while. Not holding my breath. So they were on benefits but I'm not sure that are now.

Well done on getting yours back - at least it shows it does work sometimes :-)