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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Regarding damage in a rented property. I rent a property

Resolved Question:

Regarding damage in a rented property.
I rent a property off a landlord directly. No estate agents.
Recently a person came to the house and tried kicking the door in. This caused slight damage so the police were called and the person who did the damage was arrested and had an official police warning for criminal damage.
At the time of the incident, the door wouldn't unlock/lock and there was a gap at the bottom of the door.
Since then, the landlord had a friend come out and they unwedged the door lock so that it now can be open/closed and locked etc securely.
the door isn't 100% flush in the bottom right of the door so she would like a replacement door made. What's the law on this?
Am I, as the tenant legally responsible or is it up to the landlord to chase the person arrested for criminal damage via civil court?
If the door can be open/locked securely, does it really substitute her right to ask for a whole new door?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Was the person that kicked the door invited by you?
Customer: replied 1 year ago.

No. They came uninvited. Hence the police call and official warning for criminal damage.

Expert:  Ash replied 1 year ago.
Do you know who they are and where they live?
Customer: replied 1 year ago.

Yes - That is correct.

Expert:  Ash replied 1 year ago.
You as tenant are liable for this, it is not the Landlord. The Police issued a warning so that is not help. You need to get a number of quotes for getting the work done, this forms your loss which you can claim for.
You need to write and set out your losses and request a refund 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 refund 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 for trial.
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

That's great! My only concern...

Obviously if it brought it to the small claims they would need justification that a new door is needed.

As the door can be secured and there no "significant damage" IE; only a small gap in the bottom right when pushed hard - Would I even stand a chance of claiming the money back?

Just because he admitted and got a police warning for criminal damage does not stand as anything - I believe.

Technically, I suppose there is no proof that is was said person who damaged the door enough to warrant it needing replacing?

The person would just say further damage must have been made after the fact.

Expert:  Ash replied 1 year ago.
Yes. You may need to get a quote for repair, which is your main claim. If he got a warning, that is fine but it doesnt mean to he has to pay you, unless it was a condition.
All you need to show is that on balance, he damaged it.
Does that clarify?
Alex
Customer: replied 1 year ago.

Last question and then will rate...

If I can show damage cost - link him to the damage - I would more than likely win for repair costs, no matter how minor the damage to replace the door?

Expert:  Ash replied 1 year ago.
Correct.
Alex
Customer: replied 1 year ago.

Do the repairs have to be done first before he pays or will quotes be sufficient.

Expert:  Ash replied 1 year ago.
Quotes is fine, but you need to pick the lowest to sue on.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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