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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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A local Auctioneer let my property ( which was in excellent

Customer Question

A local Auctioneer let my property ( which was in excellent condition and I had spent quite a lot of money painting , new driveway, plumbing / etc before the Tenant moved in last April ( on the Auctiomeer's recommendation!). Everything was dealt with through the Auctioneer ! The Tenant is in rent arrears for eight months now .. Got the legal amount of time ( eviction notice etc) and was due to vacate my property last Sunday. The local Police Know him well and he has " done time " for heroin possession And assaults etc! My Son is going down again tom am with help to remove him from the house. He had gone down today to find that the house is Still occupied and now damp ( due to no heating being supplied and a drug weighing machine was on the kitchen table. )E felt someone was hiding upstairs but. Was wary to go up on his own . Can you Please help me with the following :- Surely the Auctioneer is partly responsible for the damage to property / knowing full well what the Tenanxts' Real reputation was like and still recommended him highly ? Many thanks.
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
P.S. The property is in Co. Wicklow , Ireland . Found out tonight through Garda source that the Tenant has a Serious heroin addiction & has served " Time "for same ! The Auctioneer Knew All about him and Still recommended him as a good tenant . I have run out of excess cash to spend on the house and will only spend the bare minimum to get it ready for sale ... Despite its' being " in the Famiy " for over fifty years now as my health is being affected by the worry and strain at this stage of my life .
Customer: replied 10 months ago.
I am Still waiting on a reply to my question which is urgent even though my subscription has been paid .
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.
Was the auctioneer asked the question about the tenant please?
Alex
Customer: replied 10 months ago.
I am concerned re the cost of a live conversation as I already paid subscription last pm . Would this call be free ? And Thank you for replying .
Expert:  Ash replied 10 months ago.
It's an additional service or we can keep chatting here for the fee already paid.
Alex
Customer: replied 10 months ago.
Can the Auctioneer be held responsible for letting this undesirable person into my house having vouched for his " good character " ? He Knew his bad reputation unreservedly and chanced his arm !
Customer: replied 10 months ago.
Apparently he Did know of the tenants'Past history of being in jail And having a bad heroin addiction !
Expert:  Ash replied 10 months ago.
The auctioneer could be yes. The auctioneer could be liable for breach of contract. It's a false statement which induced you into the contract and it was wrong. Therefore the auctioneer could be liable.
Can I clairfy anything for you about this today please?
Alex
Customer: replied 10 months ago.
How do I handle the Auctionerr now ? He still has my deposit . He only showed up yesterday to " witness " the state of the place when my Son was there . His only comment was " This is shocking but these things happen . I have to go now , Good luck "!
Expert:  Ash replied 10 months ago.
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?
Alex
Customer: replied 10 months ago.
I need time to consider your advice so I will be in contact shortly again with you in the next few days . Thanks for that advice so far .
Expert:  Ash replied 10 months ago.
Good luck
Alex
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