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Senior Partner, Solicitor
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I am a Landlord in Worcester. At one of my properties an previous

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I am a Landlord in Worcester. At one of my properties an previous tenant had been accused of unsociable behaviour. I have tried to mediate between the parties involved but with little success. The neighbour is now claiming through the small claims court for £25000 that I have been an irresponsible landlord. Does he have a case.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

How do they quantify £25K please? Have they attmepted to do so? Have they issue proceedings against you? If so do you have a copy of their particulars of claim to hand?

Customer:

I am sorry but I have had problems with my email. If you have access to the money on line claim service you should be able to see his claim details. The claim reference number is: 3QZ61605

Customer:

Hello, could you up-date me as to my question. I lost my email service for a couple of days, but it is now ok. Please advise.

Customer: replied 3 years ago.
Relist: Other.
I have not received an answer. Question sent 29/11/13 no answer received as of today 2/12/13
Expert:  Senior Partner replied 3 years ago.
Hi thanks for your question. This claim is very unlikely to succeed. There is a theoretical basis for making a claim against a landlord for damage caused by his tenant but there have no been any cases involving private landlords that I am aware of and most claims have been a result of physical damage onto anti social behaviour.

To succeed they would have to show you had failed to take reasonable steps and and had wilfully ignored your duties as a landlord.

They have not quantified how they have calculated damages and it seems tone a figure plucked out of the air. They also seem to suggest that the tenants departure was not voluntary.

You should file a defence saying that you deny their claim in full. That there is no legal or factual basis for their claim. You might be best to get a solicitor to deal with this given the six of their claim. If it was me I would apply to strike the claim out as disclosing no cause of action.

Customer: replied 3 years ago.

Thank you for your reply. You have confirmed my view as I can find no case which has been proved against a landlord on this basis. However this could always be the first! I am instructing a solicitor in a few days. This situation has caused myself and my wife considerable stress. We could counter claim for this plus expenses incurred.

Expert:  Senior Partner replied 3 years ago.
My impression is that they have just plucked a number out of the air and their complaint is that they think - rightly or wrongly - you failed to try and prevent whatever anti social behaviour the tenant was guilty of. That is not likely even if successful to give rise to much of a claim for damages.

I note that although they had solicitors, they have not used them to bring this claim or do not seem to have done so.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience: Solicitor with more than 30 years experience
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