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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How serious or not is it if a solicitor and their client lie

Resolved Question:

How serious or not is it if a solicitor and their client lie in written communication?
For example, solicitor says I don't have a tenant, as I'd been paid by the letting agent by mistake - even though I have a signed AST - and therefor they could not have evicted tenant as the property was empty?
And their client (after solicitor evicted tenant) told letting agent not to re-let the property as it was "in receivership" which it is not?
Downside for me is that I now have no rental income, can't re-let, and I am subject to council tax, because of a series of lies?
Thank you in advance.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
I dont quite understand, how can you not evict if you do have a tenant?
Customer: replied 1 year ago.
The freeholder evicted the tenant on the basis of disputed service charges.
Expert:  Ash replied 1 year ago.
So the lie was the Solicitor told the agent not to re-let?
Customer: replied 1 year ago.
And tried to say I don't have a tenant, so the notice placed on tenants door, telling them to leave, want a notice to quit ... As solicitor said there was no tenant!
Expert:  Ash replied 1 year ago.
Ok. What loss have you suffered as a result, financially?
Customer: replied 1 year ago.

£100 per month Since June in Council Tax

£300 per month in Rent - until property can be/allowed to be re-let.

Then there will be new tenant costs.

Regards,

Expert:  Ash replied 1 year ago.
How much in total?
Customer: replied 1 year ago.

The property is still empty, but I will be losing £400 a month until it is re-let.

Expert:  Ash replied 1 year ago.
Why can't you relet?
Customer: replied 1 year ago.

This is from my letting agent:

"My colleagues in xxxx Office were informed by the block managers some time ago that the flats at [the property block] had been placed in receivership. They understand that a notice to quit was served on the tenant who vacated the property on 12th June. They were also instructed by the Freeholder’s Solicitors not to market the properties."

And from the Landlords management company to my letting agent:

"Dear xxxx,





Thank you for your e-mail.






Flat XX is the flat in receivership and the names on the leasehold are Mr & Mrs XXXXXXXXXX.






I hope this helps, but if you need any further assistance, please do not hesitate to contact us.






Kind regards,"




Expert:  Ash replied 1 year ago.
Ok, but how does that mean you have lost out?
Customer: replied 1 year ago.

My tenant was evicted, my letting agent has been told the property is in liquidation, WHICH IT IS NOT, letting agent has been told by the landlords solicitor, not to re-let, and I am subject to empty property council tax.

Expert:  Ash replied 1 year ago.
I see.
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 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?
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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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