How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We have a tenant that is due to be moving out tomorrow is now

Resolved Question:

We have a tenant that is due to be moving out tomorrow is now requesting compensation for slow repairs, failure to protect the deposit and damage to her belonging that were not covered by the insurance we apparently forced her to take out.
She is threatening court action unless she is paid £5k, this is something we will obviously fight though what is the best way forward. There arrears are currently over two months. Would it be a case of ascertaining whether they are moving out or not then proceeding with action for the arrears ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know if the deposit is now protected?
JACUSTOMER-984jg2go- :

The depsoit has always been protected though the tenant is referring to the Court case where a fixed term tenancy became periodic and the agents did not send out the prescribed information then the judge deemed the deposit to not be insured, the case was "superstrike". In this case the deposit has always been insured and when the tenancy came up for renewal a new contract and prescribed information was sent out though never returned by the tenant, so after chasing this paperwork for a few month we then wrote to the tenant explaining the tenancy had beome periodic and provided another copy of the prescribed information.

Alex Watts : Ok. If it's all in order now I would not be concerned. As for repairs etc unless the tenant asked for them during the tenancy or even if they did they were not necessarily needed.
Alex Watts : Only really if the property was in poor state could the tenant take action and indeed the tenant ought to have raised this earlier.
Alex Watts : tenants usually try and get free money and if this a claim without any merit it will get thrown out.
Alex Watts : Really the tenant would need a surveyors report detailing dilapidations and I assume this has not been done
JACUSTOMER-984jg2go- :

no, just a report on the boiler that was replaced in a little over two weeks in the summer though they had hot water by way of an immersion

Alex Watts : Even if it went to court it would be a small claim so if you lost you would just pay what the judge ordered plus the fixed court fees to hear the claim.
Alex Watts : If they had not water your obligations are fulfilled.
Alex Watts : Can I clarify anything for you about this today please?
JACUSTOMER-984jg2go- :

yes, the section 21 that has been issued expires tommorow they claim it is invalid due to the deposit scenario, what is the best way forward if they do not leave to regain possesion and rent arreas. Sect 8 and normal poesseion Procedure N5

Alex Watts : Yes section 8 and normal possession procedure N5
Alex Watts : any norice would be invalid if the depsoit is not protected. If it is then it is not an issue.
Alex Watts : This is just blackmail.
Alex Watts : Does that help?
JACUSTOMER-984jg2go- :

Great thanks so basically assertain if they are leaving or not then act accordingly

Alex Watts : Yes indeed.
Alex Watts : I hope that helps.
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

This tenant has now vacated and issued court proceeding against us for the above, I note on the forms we can counter claim with this be the correct procedure on this form to address the rent arrears or should this be done by a seperate action ?

Expert:  Ash replied 2 years ago.
No you file a defence and counter claim at the same time.
I hope that helps!
Alex
Customer: replied 2 years ago.

thank you