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Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69266
Experience:  Over 5 years in practice.
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We have a tenant that is trying to claim compensation after

Customer Question

We have a tenant that is trying to claim compensation after a tenancy has come to an end. They are saying that we (the agent) informed them that the property would be available for 12 months when it was only ever going to be for 6.

Not only did we inform them it was 6, the landlord also did on the viewing though now they are claiming for the already agreed deductions from their deposit, initial reference fees, the inventory checkout fee and moving costs.

They are happy to go to ADR or County Court Action. My main concern is not wanting to be spending too much time on this and obviously not be taken advantage of by an opportunist tenant.

They signed the six month agreement and we are given the necessary two month notice to vacate at the end of the term
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 2 years ago.

Where do we stand and what is the best way to respond to this tenant, can we claim for our expenses if we have to defend this case (Claim amount £900.00)

Expert:  Remus2004 replied 2 years ago.

I cannot think on what basis they have a claim.

They may have been told that the property was available for 12 months or not but the fact remains that they signed a six-month tenancy agreement and that is all.

If they did not check the tenancy agreement period, then it would appear that they are at fault. It is not a very technical issue in the agreement and even anyone who is not particularly good at reading would still be able to see the difference between the 6 and 12. Also, as you quite rightly say, they were told not only by you but also by the landlord that the tenancy was only four 6 months.

I also cannot see how they now want back the agreed deduction money.

However if they have issued legal proceedings against you, you have no option but to spend the time and effort in defending them.

Whilst I think this is a spurious claim, I do not think that it is so outrageous that it would get struck out, out of hand.

You cannot claim the legal costs in dealing with this but provided you win, you can claim your expenses for the day in court.

Can I clarify anything for you?

Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69266
Experience: Over 5 years in practice.
Remus2004 and 2 other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Brilliant Thank you

Expert:  Remus2004 replied 2 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Customer: replied 2 years ago.

The letter this tenant has sent is headed letter before court action, and mentions they are willing to use the ADR to resolve the issue, they also refer me to the Practice Direction on pre-action conduct under Civil procedure rules para 4 which sets out sanctions the Court may impose if I fail to comply.


Does this mean I have to agree to the ADR, its seems this individual is keen to waste everyone's time

Expert:  Remus2004 replied 2 years ago.
I think that he has probably been on Google and read a little bit too much into things.

You are under no obligation to accept ADR although it always looked good in the eyes of the court if you agree.

However from experience, the only outcome he would accept will be the whole thing going in his favour.

Write back and thank him for the letter and tell him that you are no offer to make and that he should not write to you again but issue legal proceedings which you will defend.

There appears to be no point in wasting time on useless correspondence
Customer: replied 2 years ago.

This was my planned response any thoughts ?



Thank you for your letter dated 11 March and the photocopied attachments.


Once again I can only reiterate you were told that the property would be available for a six month let and you were informed of this by Katie Blinch and the Landlord. The copy of the standard renewal letter dated 30/09/13 you have forwarded is sent to Tenants and Landlords approximately ten weeks prior to the tenancy ending to check both parties intentions as these can obviously change.


As you know the Landlord confirmed shortly after her intentions to return to the property and requested we serve the minimum two months noticed dated 4/10/13 with expiry being 13/12/13.


All of your listed compensation items have been agreed by you in writing or by signing terms except for your moving costs of £100.00.


We have now sort legal advice, and they believe your claims to be spurious, irrespective of what you believe you were told the fact remains that you signed a six month tenancy agreement and that is all.


We have been informed we are under no obligation to agree to the ADR. It is clear you are not prepared to accept the facts and the only outcome you are prepared to accept in one in your favour. Please be advised should you still wish to pursue this matter through the Court we will be claiming expenses for a Director to attend.


Finally should you still wish to pursue this matter I suggest you do not correspond with us again but issue legal proceedings which we will defend.



Thank you for you help to date

Expert:  Remus2004 replied 2 years ago.

That all looks fairly sound.

Best of luck.

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