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Help! threatened claim from tenant against a single full time working mum

Started by happy blossom, March 18, 2018, 01:08:03 AM

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happy blossom

Hello everyone, I really need your help as I am a new landlord who is a single mum with 3 years old baby (husband abroad), who had no experiences with this type of claim at all. This is the 2nd time he threaten me with this claim after last reply from me solicitor to his. His solicitor threatened me with claim of 3000 pounds (discounted offer claim from original 8920 pounds). a deadline of 26th March and a drafted Particulars of Claim letter was also given.

Before you read below details, I would like to bring my questions first: what is my best action next? do not reply? or reply in details? (I have drafted my letter with answers to each claim) if I replied with details, and he do not give up, would my reply help his solicitor prepare their case in court. I will most possibly face court alone if going ahead.

DETAILS: (note, I have prepared all evidences for below facts and including my counterclaims against him)
The tenant who had left wanted to claim below:
1. Deposit: He was claiming that he did not get any info regarding to his deposit. he wanted to claim 3x730 rent.
- the fact: His deposit was submitted to DPS with auto email confirmation to him. He even pointed that his name need to be amended. His deposit was returned back to him in time immediately, which means there was no complications of his deposit and he did not suffer any financial loss. However, the prescribed info was not given, my explanation is I started managing property alone since Jan 2017 (my husband started working abroad) and this happened in May 2017, It was only a oversight due to lack of experience and time as a single full time working mum.

2. He wanted to claim that I am locking the thermostat and made him suffer from cold and injury from 20th Sept till 16th Nov 2017.
- Fact: this is a total lie as although the thermostat was locked initially, but the heating was switched on immediately for morning and evening sessions when another tenant (he did not even asked) requested on 20th Sept 2017 when outside was 15 to 22'C. He and the other tenant then asked for 9 hours per day for weekdays and 17 hours per day for weekends immediately and wanted me to unlock the thermostat so that he could set this up. I refused and trying to ask for a reasonable agreement before I could hand over the heating control, but it was refused. I then installed nest remote control system on 9th Oct 2017, which means since then thermostat was not locked and anyone can access it in the flat (email notified to him on 3rd Oct), more than a month before he left, and he actually left earlier on 2nd Nov 2017. In addition, he had never complained about cold during his stay, no matter it was locked or not.

3. He wanted to claim 6000 pounds for discrimination from a word from my husband's email, he said 'if you are coming from Saudi Arabia, we simply cannot afford to keep it as summer as through the winter.'
My explain: my husband was abroad and he was a total outsider of the situation, by hearing the story from me, he simply replied the email to all tenants, not only to him, by emphasizing that we couldn’t afford room temperature as high as in the summer of Saudi Arabia all the time. In addition, he is not native speaker. He was referring to the temperature not any person.

To enable him to give up his silly claim, I made below counterclaims against him:

1. he breached my contract by aggressively deliberately refusing his room viewing during noticed period, resulting my rent loss 1000 pounds. This was actually why he was angry initially as he even wanted to renew his contract, before I told him I need access to his room for viewing purpose, as he thought I was illegal to do so, and started arguing with me and decided to leave.
2. If his discrimination claim can be succeed, I am planning to sue him for both racial and sex discrimination, and its consequences of causing my depression, humiliation, hurting my feeling and massive troubles caused for my work and family life, for 7000 pounds. Every message from him including wordings such as sue me, or go to council, or some very humiliated words, whenever i told him room viewing during notice period is landlord's right. He had also behaved very badly and refused to entry the flat on his last day for final essential checks, and almost throw his key on floor and letting me to catch them.

Plus all the lies and threatens he  got in his claim, I even want to report to the police for my and my daughter's safety.

I did not reply him with above yet as I am not a trouble making person and would prefer both of us carrying on our life as it should be. Despite my financial losses and all the messes he brought for my life so far, despite I am fully confident his claim will not succeed, I simply do not want to waste any of our time for this dispute anymore. Making other’s life misery should never be anyone’s purpose of life.

Please anyone tell me what I should do and what is the best way? How can I get rid of him? If the best way can make him disappear is going to court, I am ready for that. But wasting my precious time for this type of rubbish people is really stupid and last thing I want to do.

Please help!!!! Many thanks! I am waiting every day.....

eps501

I have every sympathy for your situation. It is most unpleasant and unnecessary. However unfair and frustrating, you have to keep to the facts, the law and be guided by your solicitor. Going to court is always the last resort due to the high costs involved and the Judge would want to see that there was every effort made to reach an agreement beforehand.
Unfortunately people lie and the burden is on you to prove otherwise. Unfortunately for you, the law is very clear with regards to protecting the tenant's deposit etc and the excuses of not knowing or personal circumstances simply will not make much if any difference to your defence - especially since you seem to have other tenants and perhaps other rented properties.
I would try to diffuse the situation if possible even at this stage even though obviously you feel very strongly against this former tenant. This is just my humble opinion:
- there is every chance he would succeed with the 1. Deposit
- the facts and dates are all you can give in 2.
- offer your husband to write a simple apology with the explanation as given here - that he is not a native speaker, his comments were meant to be general and not directed to any particular person in 3.

You can point out his breach of contract but again, proving discrimination can be so very difficult. You wanted to call the police but you did not. This is the kind of situation where the best outcome is to settle with the least amount of money that will be accepted without wasting more of your time and energy. Then you should be rid of this person. It's not a winning situation at all sadly but you will have learnt hard lessons from this experience and there's nothing wrong with that.

Hippogriff

1. Deposit.
If the Prescribed Information was not served, correctly or in time, then you will be liable, as the Landlord, for his claim. Your explanation is simply that - an explanation that says you were ignorant of your obligations. If only we could all avoid penalties of any nature if we said we were ignorant. We cannot. We are liable for our actions, or our inaction. It seems you cannot prove you served the Prescribed Information, nor do you try to convince us you did - you are admitting you did not. Therefore, if you can avoid going to Court on this aspect, I would. If the rent was £X then a Court must award the ex-Tenant £X as penalty for you not serving the Prescribed Information; they cannot decide not to because you are nice, and ignorant and admit everything - it is a black-and-white (is that racist?) case. I would aim to settle, for something reasonable. It is the case that the ex-Tenant is assured of something (at least 1x the value of the Deposit, not Rent) if you go to Court, so be pragmatic.

2. Thermostat.
Seems like noise intended to distract you and boost the claim being made. I would ignore this, personally.

3. Discrimination.
Ignore it.

On your counter claims...

1. Breach.
Won't get anywhere, forget it.

2. Hurt Feelings.
You don't get big payouts for having your feelings hurt. If being a Landlord is not for you, then take that on the chin and get out of the business entirely. You need a thick skin.

Whatever you may think, your words do not convey any reason why anyone would read into this the fact that your safety is at risk. Someone saying "sue me" or them threatening to go to the Council are not threats against you, or your family, that would cause you to worry about your safety.

happy blossom

Thanks very much for your reply. I understood his claim for PI will most possibly succeed, but I am trying to explain it should be 1 time deposit, but not 3 times as he claimed. Can someone based on your experience, tell me my situation should be 1 time deposit only? Why UK law trying to put landlord in trap? why do we need to give prescribed info? why someone need to loss money by simply not sending a email through ?  this is really unfair. I totally cannot understand it.

He is claiming in total 3000 pounds, which definitely I will not give, most possiblly he will get the 1 time deposit, the reason I am bringing my counter claim especially the refusing viewing during notice period one, resulting in rent loss, is specially to fight against his PI  for 1 x deposit.  which I believe will balanced off. I really want to know why my claim cannot be succeed as I have all evidence to support his behavior during notice period, and evidence his room cannot be rented out due to viewer couldn't see the room themselves.

Can someone also explain me what are the cost involved in court, if he successfully claimed 1 time deposit, and I successfully claimed 1 time rent as well, in the court, who should pay the court? how much that would be? I am not planning to use any solicitor in court, so I may not have solicitor fee.

happy blossom

I seems have 2 options now, one option is to pay him off 1 time deposit claim money but he may not agree as he need 3000 pounds and he is very greedy person, I may still need to go to court with him. 2nd option is to convince him his claim will be balanced off by my claim, and not paying him anything. However, I may end up facing him in court. Which option do you think would be beneficial for me the most and why? If you have any similar experiences please share with me.

Hippogriff

Not "will most probably succeed"... it's "will succeed". The Court has no option to find against you and the minimum penalty they can apply is 1x. Plus you'd pay any costs. That is why your option of offering 1x the deposit is stupid. Why would the ex-Tenant take it? The offer you make probably had to be more than the bare minimum they are assured of getting for it to be in any way attractive.

Don't come here moaning about how hard it is to print off a document and have it signed. It's basic stuff. It's not unfair at all. You didn't fulfill your obligations as a Landlord.

You seem to have a desire to have your day in Court - try to persuade yourself this is crazy. You will not succeed in your claim re. refusal for viewings - the Tenant can do that. It's tough. It's not nice. But they can.

happy blossom

I disagree with you unfortunately. Why whens someone suffer no financial lose should get any money in the first place? This is why UK having some people who never need to work but making claim everywhere as they like. Lazy aggressive people not getting punished, but rewarded??

To view room during notice period is landlord right and clearly mentioned in my contract, he breached the contract and ignore the law, why this is not possible to claim my loss against him?

Please, if any landlord or professional who could help please let me know.


Hippogriff

No-one will help you because you seem to think your view of the world matters. It really doesn't. You didn't fulfill your obligations as Landlord, if you go to Court you will lose. You will then pay. You've been given sound advice, it's up to you if you take it or ignore it. I don't care, because I would never - and have never - made the same mistake. Why? Because it's really, really simple to avoid this trap. Only lazy Landlords, or those probably intending to steal the deposit from the outset, or those who think the law doesn't apply to them, don't do this correctly. If you do go to Court you'll discover the law does apply to you.

You can try with the loss of rent angle, but you cannot prove it, you see? If viewings were allowed there was no guarantee you would find a new Tenant. Yes, there may be increased odds, but you can't prove it. Additionally, the Tenant can easily say they were uncomfortable with you being present, so reasonably refused - the sanctity of a person's home is considered quite important. May be it's best to bluff the ex-Tenant on this angle, but you won't get far with it in a legal sense. Whatever you decide to write in an agreement is not The Law - don't be silly.

heavykarma

Happy Blossom-I do agree with you,I think the amount that can be claimed by tenants is far too much.I think it is especially unfair when the deposit has been protected,and returned in full,as in your case.That said,that is the law we have.I don't know what the circumstances were that caused you to slip-up over the prescribed information,but you clearly were not attempting to rip-off the tenant.

You will get nowhere using some of the counterclaims you mention.With all due respect,you are not a single mum with a baby.You are a married woman with a toddler whose husband is working away at present.You don't say how long you/he have been landlords,but I am guessing these are not your first tenants?
The courts will not be at all interested in any of the complaints you have (even though it really does sound as if this tenant is manipulative) Nor will they care about his silly racist abuse nonsense. 
Some tenants allow viewings,others don't.In fact,a few agents have told me that unless the place is pristine and uncluttered,it is better to wait until it is vacant.You will not be able to claim any loss of income from his refusal.
I think a court would deal with you leniently,and he would probably only get 1x deposit. I would offer this,plus say 25%,and see what happens.Good luck. 




Hippogriff

Agreed. >1 and <2. See if the bird-in-the-hand tempts. Record the offer. It shows a willingness to avoid Court.

happy blossom

Hello, my husband called him today, and he insist he want 2000 pounds, he said his solisitor fee so far is 1500 pounds, and he want some for himself as well. I calculated, if we go to the court, I need to pay him 700 (1x deposit), then I also need to pay his solisitor fee?? and his court fee? how much would that be? which would be easily over 2000? is this means I'd better give him 2000 to settle out of court? I still couldn't beleive a simple info not been given would cost me 2000!!! this is ridiculous, why he should get that money? Could someone explain why the law make prescribed info as a law?? still don't fully understand this.

heavykarma

I think this man is playing games,probably lying.I very much doubt if he has spoken to a real solicitor.He can get advice online about taking action against his landlordsHave you received any letters from his "solicitors?"

I very much doubt that you would be ordered by any court to pay him 2000.Just make the offer I and others have suggested,and tell him that offer is your last word on the subject.Trying to understand the law (the law is an ass as the saying goes) is just wasting your time,when you should be making this problem go away.Do everything in writing from now on,and keep copies.Good luck,I do understand how stressful this must be,but you are making a victim out of yourself.

Hippogriff

Quote from: happy blossom on March 23, 2018, 09:53:36 PMI still couldn't beleive a simple info not been given would cost me 2000!!! this is ridiculous, why he should get that money? Could someone explain why the law make prescribed info as a law?? still don't fully understand this.

Stop moaning. You're a typical Landlord who thinks the laws don't apply to them, obviously. It doesn't matter what you think, or what you hope - it only matters what is. You really do need to get past this point now. You've not fulfilled your obligations and the ex-Tenant has you on the hook for a penalty. There is no guarantee you would get a penalty of £700 (1x) at Court - the issue is the uncertainty for you. Your actual minimum liability (as far as the deposit goes) is £700, your theoretical maximum is £2,100. The obligation of serving the Prescribed Information is not ridiculous; it outlines to a Tenant how the deposit protection works, where it is and how they can follow a process in the situation where unfairness arises. What is ridiculous is any Landlord failing to serve it - therefore it is you that is being ridiculous, not the law you have fallen foul of.

Now, onto more positive stuff... you are talking. Talking is negotiating. The Tenant has given you a high watermark figure - it's £2,000. Negotiation is - usually - where you ask for something more than you are willing to settle for. Likewise, I would not think £1,500 has been spent on legal fees. I'd assume there's a meeting and, maybe, a letter or two? That won't touch £1,500.

I suspect that I'd be offering £1,000 round about now. And I'd be getting that offer documented so that if you finally reach Court you can demonstrate you tried to settle in good faith for an amount that is greater than your minimum liability.

This is always up to you, of course. You just need to realise that you've admitted you went about this wrongly, therefore you are due some punishment. It's hard to get your head around... but as we, on this forum, say time and time again - you'll not make the same mistake twice! It looks like it will be an expensive learning exercise for you - but it's not the end of the world, right? And I would think that bringing this to a close - once and for all - is going to be better for your emotional state.

Example negotiation scenarios:

Tenant asks for £2,000.
Landlord offers £1,000.
Tenant refuses - Landlord refuses to move, you go to Court and hope for the best.

Tenant asks for £2,000.
Landlord offers £1,000.
Tenant count proposes £1,400 (2x).
Landlord accepts.

Tenant asks for £2,000.
Landlord offers £700, making it clear to the Tenant they believe they'd only receive a 1x penalty (avoiding mention of other costs).
Tenant suggests £1,400 (2x).
Landlord counter proposes £1,000.
Tenant accepts.

Now, your Tenant has already put a big lie out there - we think - that they need more than £1,500. That will be a tough test, of course. Any offer accepted lower than that enables you to catch them in the lie - it's quite a good red line; but don't draw attention to it, that's what you want.

We do wish you luck - but please stop looking backwards now. You cannot change what you didn't do and fretting about it, and wringing your hands, doesn't help you resolve the problem. What helps you resolve the problem is having a plan.

happy blossom

Hi Hippogriff,
Although you are straight forward but thanks for your suggestions on how to negotiate. When my husband called him, he said I can give you 1500, and the tenant said any offer lower than 2000 he would straight away sue me to the court. I don't know if I offered him 1000 now, would it end up sending myself to the court? He is a very rich guy with salary 60k+, so i guess he did spend some money for solicitor, which I couldn't afford to get one. If we go to the court, do I need to pay for all his solicitor fee?? even the 2nd or 3rd time when he used the solicitor had nothing to do with deposit claim? (as he added other claims together with deposit one afterwards, he claimed for 9000 in totally and discounted to 3000 with a court proposal letter together, it is a proper threatening claim letter) .

I am a pregnant mum with 3 years old baby alone in the UK, I could argue with him in the court, but I really running out of energy now to argue with him, even feeling sick by thinking about him. I am admitted the deposit PI claim, but regarding to  heating control, discrimination etc, they are really none sense, he is simply that type of guy, thinking if I couldn't offer him what he want, I am illegal. 

Tomorrow is my deadline, and I still haven't decide what to do. If I offer 1000 and he disagree, can he sue me straight away to the court without further negotiation?

Hippogriff

He can sue you straight away right now... he isn't doing so. Most people prefer to avoid Court... and a bird-in-the-hand is always worth more than uncertainty.

A person on the receiving end of his claim with a thick skin and time to waste would call his bluff, to a certain extent, I have no doubt of that.

The issue here is simply your text focusing on "I really running out of energy now to argue with him, even feeling sick by thinking about him" and all of the stuff like that. This isn't good for you, or for your life.

At some point in a process you have to decide enough is enough and take a course of action.

If you believe he will settle for no less than the £2,000 demanded, and you are assured you will lose in a Court case, then you may pay up. You may pay up £2,000 in a very begrudging way to a person you absolutely hate... but you could think - at least he did not get the £9,000 he originally demanded (£8,920) and still even less than the £3,000 offered as a 'discount'.

I probably wouldn't do that. This is me speaking for me, of course. I would probably try to settle for something like 1.5x the Deposit, or 2x the Deposit - after that I'd be thinking of going to Court too. More on principle, than anything else, I suppose... I know I'd lose, but I'd know that I'd made pretty good offers in good faith and I had shown willingness to negotiate and someone very stubborn at the other end had refused to budge - I would hope that would go in my favour.

It seems to me, though, that you've already offered the £1,500 (I was unaware of that). It is hard to take a step back from that now. As my advice was to go for 2x the deposit as maximum - from my own point of view I would now stick. I would try to back that offer up in writing, as opposed to doing it verbally. It shows good faith.

Look up phrases like "without prejudice" - which you may deliberately not wish to use, and "in full and final settlement", which you will want assured, so it cannot come back to bite you later.

This ex-Tenant probably knows that he has you on the back foot. The problem with someone so rich is that they may not really want the £1,500 or the £2,000, but prefer to know you are suffering.

That is why I advise you to a) make a plan, b) action that plan, and then c) sit back and let thing happen as they happen. If you are invited to Court after all of this, go... defend your position, but while admitting you did something wrong, also aim to show that you tried to fix it by offering something tangible in good faith. Do not dip in, dip in, dip in again, then dip in again. Make an offer. Let them accept or reject. If they reject, consider one more offer. Then await their next move.

The fact is - your leeway is quite small now - you appear to have offered £1,500 (my examples were really before I knew that fact). They said they would accept £2,000. That's not much space to play with. The difference between the two is noise level.

Bite the bullet.

heavykarma

I do feel ,on the face of it ,that your husband has gone off and dumped a lot of responsibility on you that you are struggling to cope with.You call yourself a single Mum,and I can understand that is how it feels for you right now.

Personally,I would write to the tenant and tell him that you would prefer to deal directly with his solicitor from now on,so could he provide details.
Repeat the offer you have already made,if he turns it down, tell him you will see him on court.I don't know if you would even have to attend-some more learned forum members can help with that-but if so, I hope you can play the pregnancy card.You have failed in your duties as a landlord,no arguing with that,but Hippogriff is right.this  man is enjoying the fear he is causing you.

A bully needs a victim,so if you can't stand up to him,get your husband to look out for his family. Looking to the future,if your husband is not returning home soon,maybe sell up and concentrate on your children,forget the hassles of being a landlord.Sorry if I sound unsympathetic,but I am reading between the lines here,and I suspect the tenant problem is a symptom of other bigger issues?

   

happy blossom

Thanks Hippogriff and Heavykarma!
My husband had tried his best to help me, but as you know, when he is far away, it is very difficult for him. You are right, the tenant told my husband he don't care about the money, he just want to see me suffer as I did not made him happy during his stay. 
He did send me a few letters from proper solicitor, he also told me he had solicitor friend previously, it might be the same one he is using now. I wonder he really need to spend any money if it is his friend. But I cannot proof that. We are also worrying if he being mad enough to get a barrister on court, costing him thousands of pounds, do I need to pay him 700 plus all his solicitor and barrister fees?  I really wanted to know, if his 2nd and 3rd use of his solicitor was for other claims rather than deposit claim, do I need to pay him for that? How much solicitor fee I need to pay for him would be the key if it is worth for me to fight with someone as unreasonable as him.


Hippogriff

I am not a lawyer, and I don't generally go around reading historic case law... however, I realise there's an assumption here that any Court would be lenient on you, as Landlord, for failing to serve the Prescribed Information only... likely resulting in any case brought against you costing you 1x the deposit (plus unknown costs we assume).

However, there is case law out there - Ayannuga v Swindells - that you may wish to be aware of. In that case the Landlord protected the deposit correctly, but failed to serve complete / comprehensive Prescribed Information. The Landlord "argued that the requirement to provide the prescribed information is largely procedural and that the relevant information was freely available to the tenant from the scheme administrator's website. In addition, he argued that the aim of the legislation was to protect the tenant's deposit which had been done" - the Court agreed and the Tenant's case was dismissed.

The Tenant appealed, however, and the Court of Appeal disagreed with the trial Judge and concluded it "was no defence for the landlord to argue that the information could be obtained by the appellant making her own enquiries to the scheme's administrator. The information had to be provided directly by the landlord as required under section 213(5) of the 2004 Act, even if the tenant was aware of it" thereby allowing the appeal and ordered the Landlord to pay 3x the deposit, plus the deposit - amounting to £2,850.

I only bring this case to the fore because it seems like the facts fit your case. Now, reading the case, I actually am pretty sure it was a mandatory 3x the Court had to decide upon, back then - it is very likely that you would not suffer the same today (but the point I make with this reference is that the failure to serve Prescribed Information only is important and turns the case into a slam-dunk). I have done a search for other - more recent - case law, but it seems they are quite thin on the ground - I suspect this is because most Landlords [wisely] settle. The cases I have seen are where a Landlord cannot serve a valid Section 21 to evict because of their failure to serve the Prescribed Information - a situation you are not in, thankfully.

Hippogriff

Quote from: happy blossom on March 26, 2018, 04:37:36 AMHow much solicitor fee I need to pay for him would be the key if it is worth for me to fight with someone as unreasonable as him.

With all due respect - and I realise I have been short with you - I believe you are still looking at this wrongly.

What is your emotional well-being worth?

I am sure you would say it is priceless. Wouldn't we all?

If you've already accepted that you're willing to pay out £1,500 and the Tenant has already suggested they'd accept £2,000 then the gulf between you is very small. Yes, it's still £500. What's half of £500? Is it £250? It is. It seems you are not willing to consider the £2,000, but you are willing to consider the £1,500 - why? Is it because you (like the rest of us here) do not believe he has spent £1,500 on a Solicitor? I agree with you. But does it matter where the money goes when it departs your purse? Whether it goes to a lying and threatening ex-Tenant in its entirety or is split between this ex-Tenant and his paid legal beagle - does it matter?

It's a mindset.

Hippogriff

If it helps... and it really might not...

Try to remember that - legally-speaking - you are in the wrong here. You may feel like a victim. It's understandable. However - legally-speaking - you are an evil Landlord who has no qualms about not following the law - you deserve punishment, right? A slap on the wrist will not work with people like you - the only way you will learn is by being hit in the pocket - otherwise you will continue taking advantage of simple-minded and naïve Tenants. I use this approach semi-comically to enable you to see this from the other angle.

heavykarma

Happy Blossom,given your circumstances,with a new baby on the way,I tend to agree with Hippogriff.For myself,I would want to stand up to this bully,but I am not in your shoes.The stress could be disastrous to your mental and physical health,you need to draw a line under this sorry episode.
Maybe Hippogriff or one of the other experts could advise how to proceed.I think writing "Without Prejudice" on your offer is essential.I assume there is a way to make sure he signs a  paper,so he cannot come back again in the future with further demands.No more phone calls from you or your husband,everything formal in writing,with proof of postage.   

Hippogriff

I cannot figure out if I'm being bundled into a group of supposed experts with that comment, or whether I am very deliberately being separated out from them. My advice is not expert in nature - I try to be pragmatic, moral and straightforward... with a bit of bluster and challenge thrown-in (for good measure, and fun).

Hippogriff

My understanding of "without prejudice" has always been... that you head your letters with that if you're trying to reach a negotiated settlement prior to Court and you do not want those offers to be made available to the Court for review... did I misunderstand? I would think if a Landlord is trying to make fair offers in good faith, it would be good to make them available to the Court, where the conduct of the Landlord is actually, somewhat subjectively, assessed by the Court in deciding 1x, 2x or 3x... see Khuja v Chowdhury as an example (possibly).

happy blossom

Hello everyone, thanks so much for your suggestions, I have decided to go for the simple way. 2000 is what he wanted over the phone as this is what I am planning to reply now. Anyone who have time if you could read my letter below and any suggestions would be much appreciated! the only thing I wanted to stop him doing is to bit me back again for anything else in the future. Please suggest how I could achieve this?


First of all, I fully respect that you are working very hard to help your client [John Smith] making this claim. I also recognized your knowledge of legislation as a law graduate from the 1st class University in the world. With the monitoring and suggestions from SRA, I would trust your integrity, being transparent, honest and obey the facts you've seen, rather than following what someone had just told you.

Frankly speaking, I have collected all evidences to argue all the claims point by point. However making other's life misery should never be anyone's purpose of life. I am a full time working pregnant woman with 3 years old baby living in the UK alone, I am really running out of energy, and already got into deep depression due to these continuous threatened claims. My doctor and midwife suggested me to stop thinking about his claim immediately. I simply do not want to waste any of our time for this dispute anymore. We offer to settle out of court with 2000 pounds if he drops his claim and closes the case immediately. 

Just a few notes for below if he still think he could get more from me, please see below for his claims.

Deposit (claiming he did not have any info regarding to his deposit scheme)
1.[John Smith] was informed that his deposit was submitted by email from DPS. Email evidence shows he found out his name was wrong on DPS system and I helped him to amend it.
2.Deposit was returned on time in full through DPS when [John Smith] left. He suffered no financial loss.
3.There was no benefit at all for me to not supply him with the prescribed information, it was purely an oversight due to lack of experience and time. I have never managed property alone before my husband went abroad last Jan 2017. This flat was purchased in Apr 2017, and it was literally the 1st month I started managing this flat when [John Smith] moved in, and the 4th month I have ever managing the flat alone.

Heating (claiming no heating and thermostat was locked throughout his stay)
The flat had sufficient heating throughout [John Smith]'s time of period, starting from 20th Sept 2017 (message evidence available, temperatures record evidence from nest report), thermostat was not locked since 9th Oct 2017 until he left, which was possibly the 1st of Nov according to other tenants' info. Sam's email was replied back to Sam only and heating extended accordingly, which had nothing to do with [John Smith]. [John Smith] had never complaint about room temperature and never requested to increase the heating due to he was cold. Hence, it was not possible [John Smith] had the so-called feeling of loss, damage, upset, humiliation or injury, due to living in our flat.

Discrimination
In fact, this is the only email he had send throughout the whole process, as he simply couldn't help from so far abroad. Due to he is not a native speaker, and simply trying to protect me to get out of the situation, if any of his languages caused misleading to [John Smith], we sincerely apologize. The email was replied back to all tenants, not only to him, and we were talking about the heating control, which has nothing to do with races.

I look forward to [John Smith]'s final decision.

Regards,
name

happy blossom

I also want to add this, do you think it is good to say so?

According to [John Smith]'s telephone conversion with my husband, he agreed to settle out of court with 2000 pounds. This would be more than what he can get if we going to the court anyway. We could offer him this amount as long as he can drop all his claims and promise he will not interrupt my life anymore.   

Hippogriff

Soooo... I would be tempted to write something simple, along these lines, if so inclined (take your time, others may pipe-up) - it would always be best to get such a thing drafted by an expert / someone qualified, but if you're saying this agreement is in full and final settlement for any issues arising from this tenancy you should be covered. I would want to see a dated, signed piece of paper, ideally... but maybe it's just too much to ask for in these days of emails. Use "without prejudice".

WITHOUT PREJUDICE

Dear X,

I am writing regarding the claims made for the tenancy at [property address] running from [date] to [date]. It is accepted that even though I protected the deposit of £[amount] in a Government-approved deposit protection scheme I did fail to serve the Prescribed Information to the Tenant as I am legally required to do.

I am willing to offer the sum of £2,000 as full and final settlement for any and all claims [name of ex-Tenant] has made against me relating to this tenancy and I am making this offer in good faith on the clear understanding that if it is accepted I am released from any liability for any and all issues relating to this tenancy. The sum of £2,000 is what [name of ex-Tenant] has verbally indicated is acceptable so I look forward to hearing from you with your written agreement that this is the case.

Yours faithfully

[name]


If I was the ex-Tenant and had really spent no money - at all - on this Solicitor, then I would be jumping at this opportunity... time will tell.

Anything else you may elect to put into your letter could be inflammatory and cause the ex-Tenant to dig their heels in - you want them to see this as an easy (and very profitable) way out. As some of us have said - if we felt you had the time or the fortitude to hold against the waves - we would advise caution and patience and a bit of stubbornness. We have only suggested this as a way forward because it's affecting you emotionally and you need to draw a line. Plus, you'd already mentally got to the point where you'd offered £1,500 and the difference between that and £2,000 is small.

If the ex-Tenant rejects, this letter needs holding on to. It shows you tried to bring this to a close in good faith - that is a special phrase too - it means you tried to be a sincere negotiator, regardless of what the outcome is - and it will count in your favour, regarding your conduct, if this ever does go to Court - and it could count against the ex-Tenant.

Hippogriff

Look...

Regarding the £1,500 or £2,000 or whatever amount... you can always make more money. What you cannot make back is time you have lost and stress you have endured. You need to be philosophical now... and don't make the same mistake twice!

heavykarma

Hippogriff-Of course you are an expert,and deservedly singled out for the quality of the advice you give.
I thought "without prejudice" could also be relevant in this case? Example: She offers £2,000.He then changes his mind,insists on say £10,000.The landlord then says she will take her chances on getting off with just 1x deposit by going to court,and will no longer honour the  lower offer put in writing.
I readily bow to your greater knowledge though,and my moral compass sometimes wavers when faced with scumbags.You are correct though,two wrongs don't make a right,and this lady needs to be squeaky clean.
Happy Blossom,you need to keep your letter brief and business-like.Don't even dignify his preposterous accusations of racism by offering an apology.The issue of the heating is irrelevant to the claim he is making,so you don't need to justify yourself on that score.The template above is spot-on,do use it.   

happy blossom

Dear all,
Thanks so much for you effort.  If I have any extra energy, such as my husband is here with me, I would fight for my Conner regarding to the heating and discrimination issue. But I really have no energy left. Hence based on everyone's suggestions, I have replied today with 30 mins exceeding his deadline as below, this is the best I can do for now. Let's see what will happen next.

WITHOUT PREJUDICE

Dear Chris,

I am writing regarding the claims made for the tenancy at xxxxxx. It is accepted that even though I protected the deposit of £730 in a Government-approved deposit protection scheme, and returned back to him in full on time, I did fail to serve the Prescribed Information to the Tenant as I am legally required to do.

I am willing to offer the sum of £2,000 as full and final settlement for any and all claim xxxx  has made against me relating to this tenancy and I am making this offer in good faith on the clear understanding that if it is accepted I am released from any liability for any and all issues relating to this tenancy. The sum of £2,000 is what xxxxxx has verbally indicated is acceptable so I look forward to hearing from you with your written agreement that this is the case.

Just a few extra notes if he still thinks he could get more from me, please see below evidences for his claims.
Deposit (claiming he did not have any info regarding to his deposit scheme)
1.xxxxx was informed that his deposit was submitted by email from DPS. Email evidence shows he found out his name was wrong on DPS system and I helped him to amend it.
2.Deposit was returned on time in full through DPS when xxxx left. He suffered no financial loss.
3.There was no benefit at all for me to not supply him with the prescribed information, it was purely an oversight due to lack of experience and time. I have never managed property alone before my husband went abroad last Jan 2017. This flat was purchased in Apr 2017, and it was literally the 1st month I started managing this flat when xxxxxx moved in, and the 4th month I have ever managing the flat alone.

Heating (claiming no heating and thermostat was locked throughout his stay)
The flat had sufficient heating throughout xxxxx time of period, starting from 20th Sept 2017 (message evidence available, temperatures record evidence from nest report), thermostat was not locked since 9th Oct 2017 until he left, which was possibly the 1st of Nov according to other tenants’ info. Sam’s email was replied back to Sam only and heating extended accordingly, which had nothing to do with xxxx. xxxxx had never complaint about room temperature and never requested to increase the heating due to he was cold. Hence, it was not possible xxxxx had the so-called feeling of loss, damage, upset, humiliation or injury, due to living in our flat.

Discrimination
In fact, this is the only email he had send throughout the whole process, as he simply couldn’t help from so far abroad. Due to he is not a native speaker, and simply trying to protect me to get out of the situation, if any of his languages caused misleading to Muhammad, we sincerely apologize. The email was replied back to all tenants, not only to him, and we were talking about the heating control, which has nothing to do with races.
I look forward to his reply.

Yours faithfully

Xingmei


Hippogriff

Not exactly what I'd had in mind... but, as you say, let's see what will happen next.

When asking for advice on a forum - usually the more detail, the better. When making an offer like this, the more detail is more things for them to pick up on. Simplicity and factualness is key. Concise and precise.