Ask a Law Question, Get an Answer ASAP!
We suffered a huge negative feeling from the tenants. One hasn't paid her rent. One has handed his notice in, and the 4th room has not been let.
I commercial terms it would be hard to put a figure on it.
Part of the tenant lack of goodwill was the companies failure to fit a new cooker, in a reasonable time frame, before this dispute.
We are now having to take legal action against the non-paying tenant.
The impact on our business is devestating
You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation .
Can I clarify anything about this today please?
I was not looking small claims procedure
I know it well
Please read the question properly before answering.
the issue is, that it is difficult to define the losses.
How do you put a figure on the lack of goodwill
or that a tenant has withheld rent (as she is not entitled to do so) is it something that can be claimed for.
Can you clarify how we can assess the losses as some of them are difficult to judge
Surely there is a mountain of cases to draw upon
this is what I need to calrify
Not the small claims procedure.
You can't claim fees under £10,000 as it is a small claim
You believe it was criminal damage, so you need to set out as I indicated above your losses. This includes putting it right etc
You can claim the cost of doing this and a nominal sum invonvenience
How can you estimate repairing tenant relatioships?
But you can only claim actual losses plus a nominal sum
Is there case law on the nominal sum
If tenants were endangered but nothing happened, sadly you can't claim theroetical loss. So if there had been an explosion your loss would have been quantified.
it's is more likely that in is not, that the small room was not let out
But because nothing happened you can't claim fact in theory someone could have been hurt
becasue of the lack of a cooker
No case law but it wouldn't be more than £250.
This is because 3 month actual injury a Court would only award £1500
Can I calim of rent on the small room?
Should I estimate costs not yet known?
You can only claim loss of rent IF you have lost rent
No, you have 6 years to bring a claim, so plenty of time
I have lost the rent - becasue I could not find a suitable tenant
Is that a suitable case?
Suitable case , I am sorry>?
If a tenant has given notice because of the cooker, is this a loss I can attribute to their lack of duty of care
Yes that would be suitable. But you need to disclose the actual reason and letter to the other side showing this
Is not being able to find a suitable tenant - can I argue this is a loss
Should I use the Tort of negligence
Should I use this in the court papers
yes and/or breach of contract as an alternative
Can you bring both?
Or is that ill advised
Yes you can bring 2 heads of claim
Most lawyers do more than one if they can
There is a complication
They are crooks
so they will ensure there is no money in the company
Sadly you can't do anything about that
I was considiering two things
1. If the director has done this deliberately
This should be a crime
Or a breach of cilvil law sorry
but this is quite interesting.
In the case of the cooker
ASked money to be paid into her bank account
But then if you are going to argue that, it becomes complicated and no longer a small claim
And told me she paid cooker
If it was paid into her account personally, then potentially you may have a claim
This is what I am thinking
That I could show that this job was accpeted by her
and not the company
What is the consideration in this case?
Then sue both her and the company as first and second defendants
It may take it out of being a small claim if law arises
Now that's good advice :)
So how do I make a complex claim
how do things change
This is new area to me
Because if its a complex claim there are Court rules and procedures to follow. There will be disclosure, trial bundles to prepare. If reason you lose in Court you would be personally liable legal costs of the other side.
Keep it a small claim
Does that help?
On he small claims forms
Is it easy to make first and second defendants
is this the same as co-defendant?
Yes it is very easy. There is never technically a co-defendant, but yes its first, second, third, fourth etc
I will know when I het the forms!
Can you recommend any legal phrases to help
I want to lay out offer, acceptance and consideration
Should I quote case law at all as a lay person?
No, you dont need to worry about that.
Just set out what happened and what you are claiming and why
SHould I try and show that the person accepted
rather than the company
I am worried that if I lay out accpetance by the comapany
that this might jepardise my chances of revoering the money
can you expalin why tht might now be the case
No, you can sue both the company and indidivual. That is the best way of doing this