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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We recently had a burglary and £6000.00 of goods was stolen

Resolved Question:

We recently had a burglary and £6000.00 of goods was stolen which belonged to some lodgers/tenants of ours. In good faith we submitted a claim to our insurers who paid out cash and replace goods to the value of those stolen. We gave the goods and cash to the tenants.
Subsequently the insurers have said we were not insured as we failed to tell them the goods weren't personally ours nor where they the possesion of family members and have asked us to pay the total value of items back or they will take us to court etc.
the tenants have moved out and refuse to give items back effectively saying its not their problem. Can we pursue the tenants via the courts and do we have a valid legitimate case against them or the insurance company??
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help,you with this.
Did you have landlord insurance please?
Customer: replied 1 year ago.

No, my insurance was standard personal insurance. I don't think we have much recourse through insurance company as i have just found out that my wife said the goods were ours. But can we get the items back from tenants?

Expert:  Ash replied 1 year ago.
Sadly you are right. You are not liable for contents so your tenants needed their own insurance. As for your own insurance this should be landlord and not personal insurance so I am not surprised they want it back. However you can ask for the payment from your ex tenant and sue them if they refuse.
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.

Thanks for info, I just need your opinion on what strength of case if at all you think I have against my ex tenants.

Expert:  Ash replied 1 year ago.
I think you have a decent case.
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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