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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I've drawn up an AST a couple of years ago client,

Resolved Question:

Hi, I've drawn up an AST a couple of years ago for a client, but realised that it should be a common law as the landlord lives in the main house and the tenant lives in the annex attached by a single door. What are consequences and can the landlord sue me for being negligent?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
In what basis would you be negligent please?
Customer: replied 1 year ago.

by providing the wrong agreement?

Expert:  Ash replied 1 year ago.
Who are you by the way, in terms of your relationship with landlord ?
Customer: replied 1 year ago.

I am the agent. Im worried that the landlord may seek recourse from us. Does an AST default to common law and would the landlord suffer a loss and would they have cause to sue us?

Expert:  Ash replied 1 year ago.
Either way even if a common law agreement it would have been for a fixed period with notice etc ?
Customer: replied 1 year ago.

true so am i worrying for nothing?

the landlord is distressed because the tenant is making claim of £15k for damages about harrasement etc which is out of our hands. I told the landlord today that I think the agreement should have been a common law before her solicitor picks it up.

I just wondered if she came back to me and wanted to make a claim or compliant against us where I stand.

Expert:  Ash replied 1 year ago.
Yes I think you are. If you get sued they would have to show a loss for negligence. You are injured in the road, when you sue for negligence you sue for the injury. If you are not injured there is no claim for loss. You can't sue for something that didn't happen.
So if the landlord has no loss because of what you did and it would have made no difference if it was the correct agreement, there is no claim against you.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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