SMF - Just Installed!

Small claims court or what

Started by Enfieldone, December 02, 2015, 06:24:52 PM

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Enfieldone

Evening
Bit of a strange one to ask I know

I'm like a landlord but not in the sence my ex partner stayed in the house with my kids with a court order under the children's act.

The court order was still live until she decided to leave the house to move over to the other side of the city so my daughter who is in full time education would be closer to the college she is attending.

Basically in the order I'm liable for structural repairs she is liable for General maintaince of the property inside and out...

The house is in my sole name and I've finally got it back after all this time and to be honest I'm devasted in the condition it's been left.

It's been left with a lot of personal belongings in and food and rubbish left to rot...
The boiler does not work
The electric shower is u/s
The carpets are stained and smell of dog urine
The inside and the outside is in quite a mess and it has clearly not been maintained at all causing the wooden fence around the garden to just fall apart and rot in place.
The same as the Windows they also have just been left to deteriate and rot away.

I estimate I could be looking at around 15k or more to get this back to a maintained standard... Including new windows and fence and some new carpets some may be able to be cleaned and as for the kitchen and bathroom they will also need a professional clean.

I understand wear and tear and am thinking of taking here to the small claims court and trying to claim 10k

What's your views on this please ?


Allybops

Well the boiler is the landlords responsibility, as is the electric shower. The windows are part of the house structure so are also the landlords responsibility.
Has your ex got any assets? If not you will not get allot of joy in a County court. Is it really worth the fight.

Riptide

Quote from: Enfieldone on December 02, 2015, 06:24:52 PM
The boiler does not work
The electric shower is u/s
The carpets are stained and smell of dog urine
The inside and the outside is in quite a mess and it has clearly not been maintained at all causing the wooden fence around the garden to just fall apart and rot in place.
The same as the Windows they also have just been left to deteriate and rot away.

Am I reading right that your children were living in a house with no working boiler, no working shower and rotten windows and now you want to sue the mother of your children?

Hippogriff

Quote from: Enfieldone on December 02, 2015, 06:24:52 PMWhat's your views on this please ?

This is relatively straightforward. You are bitter and not thinking clearly. No benefit will be gained by making a small claim. Pick yourself up from this and start getting the property back in order. At least it will give you a project to focus your mind on. While you have a right to be devastated, because it seems like some special effort might have been made to get the house in this condition, it doesn't serve you well to do anything else but work on the property.

Assess the bare minimum cost to get it working for you again.

Enfieldone

I thought this would be the sort of response...

This is more complicated than I've said and I understand what you are both saying and in a way I tend to agree with you both, but this is not a normal tenancy aggresment and as you can probebly guess we don't get on at all.

It's a terrible shame it's gone like this I agree but at this moment in time I am paying my csa as I should and I do not have a problem at all with that, then on here own accord she decides to leave the house move in with her sister then contact the csa or a variation order as I'm the sole owner of the house.

Now like I've said this is a court order that she and myself both agreed back in 2000 and that stipulates who is responsible for what.

I'm not in the position to just get it all sorted and rent it out like the csa have suggested and in fact they have pointed out the property should be in a good state of repair according to the court order, I've pointed out to them it's not and I await there response.

The only way I can see this getting sorted is to either sell it and pay here the 8% the csa asses on a veriation order which as far as I'm concerned is silly to sell.

I would rather rent the property out but to get to that point I would have to borrow quite a bit more money on top of the mortgage to get it to a rentable condition.

I'm happy to do that if the csa are acceptable I need to increase my mortgage and by doing that it will decrease the equity in the property. Then obviously once it's rented making an income then access me on that...  If after monthly outgoings on the rental income is say £500 then that money should be added to my income and my ex partner should get that extra money.