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Max Lowry
Max Lowry, Advocate
Category: Property Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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We have been landlords for many years. We currently have a

Customer Question

We have been landlords for many years. We currently have a complaint letter from 5 student tenants claiming compensation in rent. All their calls were attended to and we do have an agent. As this is our first of kind letter would you advise getting a Solicitor to respond. We were a little concerned our letting agent did not have a solicitor for these sorts of complaints. Thank you XXXXX
Submitted: 3 years ago.
Category: Property Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

What is the nature of the complaints raised please, in very broad terms?

JACUSTOMER-cdy9t3e8- :

General Maintenance & Upkeep

JACUSTOMER-cdy9t3e8- :

4 issues, mould, window stuck, leaking in front bedroom, washing broke, stockets upstairs not working, fuses. Then Safety smoke detector on landing. Shower was faulty new shower replaced too powerful for fuse box so fuse box replaced. Claiming constantly had to use the bath so cost of heating far more significant etc. We can confirm that we answered all the agents calls and instructed the appropriate discipline to attend the property and repair. Insofar as the mould was concerned all this was attended to but clearly has come back, the leaking roof is not leaking and roof repairs if necessary will take place int he summer, the smoke detector was repaired. The shower was unfortunate insofar as it was too powerful for the fuse box but we are now asking for a report from the electrician/plumber. Is this enough information?

Max Lowry :

Yes, that gives me a general idea. Okay, for this type of thing, I wouldn't suggest you need a solicitor to reply necessarily, particularly as I would imagine they're seeking less that £10,000 in compensation from you (or repayment of rent etc.) and this is a matter that would be allocated to small claims. This means that you wouldn't get any of your lawyers costs back if this did end up in Court, and you'd have to write off what you pay out. That said, a decently well worded letter from a good solicitor might just force them to drop the issue, and avoid the prospect of Court altogether.

Max Lowry :

That being the case, it might be worth getting a solicitor to do an immediate initial response, but after that, personally, I'd seriously consider seeking to resolve it without, as costs would quickly rack up, and it would get disproportionare to the amount in dispute.

JACUSTOMER-cdy9t3e8- :

I would hope they are not seeking £10000 all their calls were attended to - they may have had a day here and there without the shower but there is the bath so they had that option. When I look at there letter these are normal situations that happen to us all and I am told by the agent that they are being bombarded with these letters and it is a sign of the times?

Max Lowry :

I seriously doubt it would be a large claim. To be honest, it might very well be a sign of the times! Present events do make you wonder don't they?! ... The thing with this, it's small claims territory, and you often see people just "having a go" because there is no risk of costs being ordered against them if they lose. This keeps lawyers out the picture usually, because costs become disproportionate, and people end up with a "rough" justice more often than not in a chambers hearing before a District Judge.

Max Lowry :

So, I'm afraid it's one of those difficult ones, but hopefully, maybe a lawyers letter to start with will make it go away!

JACUSTOMER-cdy9t3e8- :

We live in Bath - do you have solicitors on your lists? I would like to printout our conversation is that possible?

Max Lowry :

It should be possible to print from your browser, yes. I don't know solicitors in Bath I'm afraid, but this is something that most high street solicitors would be able to assist you with; you wouldn't need a solicitor with specialist experience in any particular area.

JACUSTOMER-cdy9t3e8- :

Thank you that is helpful so now I need to printout before you go off line if you don't mind. Dianne

Max Lowry :

This chat will always be here - if you just copy and paste the website address from your browser, you can come back to it anytime - and continue this chat if you wanted to.

Max Lowry :

Thanks for your question Dianne - please do remember to rate the answer as highly as you can for me. And I hope you manage to resolve this quickly.

JACUSTOMER-cdy9t3e8- :

I hope it resolves quickly too! I think we will take your advice that get that solicitors letter our there rather than ourselves. Will do the rating now. Many thanks. Dianne

Max Lowry :

Thank you :)

Max Lowry :

Please don't forget the rating for me. Thank you.

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