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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am trying to make a claim on a deceased tenants estate. He

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I am trying to make a claim on a deceased tenants estate. He was an assured shorthold tenant.he was a very heavy smoker and his rooms can only be described as like smoke damaged.it would be impossible to decorate or salvage anything in them. Bedroom units , kitchen units oven etc. the paper on the walls, instead of being painted had to be stripped and in doing so some plaster came off, so the work became quite major.
In the assured shorthold agreement as per usual ,it states that the tenant must keep the property in good repair and make sure that it is cleaned and returned in the same condition that it was when the rental started.
The Heir researchers dealing with this insist that the tenant was a Rent Act protected tenant. Where as I say he was an assured shorthold tenant.
I am trying to claim some £9000.00 for all the work that had to be done to reinstate the rooms to be able to relet them.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you,
What is it you would like to know please?
Customer: replied 1 year ago.
I want to know if Fraser and Fraser are able to withhold payment tat I'm claiming by saying that my tenant must have been a Rent Act protected tenant .although I don't have the agreement dating that far back, I do have them dating poss 10 years back.
I can only keep so many as I have 8 propertys .
I do not wish to go to court, as it would be more expense .
Customer: replied 1 year ago.
What more do you need to know ?
Expert:  Ash replied 1 year ago.
When roughly did they move in?
Customer: replied 1 year ago.
I don't know exactly I suspect 1992/93
Expert:  Ash replied 1 year ago.
In that case its not a protected tenancy. They would have to move in before 15th January 1989, clearly they did not. As such its not protected. So they are an assured shorthold tenant and therefore not protected.
You need to write and set out your losses and request the 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 compensate 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. You would be suing the estate.
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 other Property 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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