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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 5895
Experience:  Solicitor
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We are a landlord (a UK Ltd company). We rented a shop to

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We are a landlord (a UK Ltd company). We rented a shop to another UK Limited company a year ago, taking a dilapidation deposit. On moving out the premises were left in a poor state. The tenant has issued a court claim for the return. We have an estimate for the works which exceeds the deposit. My questions are this: 1. is an estimate sufficient grounds to defend the action (subject to relevant damage/ repairs); 2. can the tenant issue a claim for the deposit from a different entity to that which was named on the licence (lease) agreement (they have used an entity which we had no dealings with)? For clarity, the original "tenant" was a UK Ltd Company (which we invoiced and which paid us the monthly fee) - however, the action has come from a different business name (i.e. "trading as" - but with no personal name and no Ltd Company name)? Thank you

Hello my name is ***** ***** I will help you with this.

I assume there is a clause in the lease saying about what state it should be left in?

Customer: replied 1 month ago.
Thank you. It was a 90 day licence that was renewed four times. In the licence, it stated that it had to be left in good condition. For example, stud walls were installed but ripped out and not made good. I have an email trail expressing my concerns that the condition should be inspected and agreed but the ex tenant never responded. I have a before and after video which shows the difference. Also an estimate for the repairs.

Sure.

1. is an estimate sufficient grounds to defend the action (subject to relevant damage/ repairs);

Yes. They have breached the lease and as such, you can claim for those sums of repair back

2. can the tenant issue a claim for the deposit from a different entity to that which was named on the licence (lease) agreement (they have used an entity which we had no dealings with)?

No. It has to be from the person/entity which paid the deposit.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 1 month ago.
Happy to give you 5 Star rating. To clarify a few details please before I complete the County Court Response: the "tenant" (90 day licence) was a UK Ltd Company. The tenant asked for the licence to be in that company name. The deposit/ rent payments arrived with a Bank Ref stating: "Company Name Ltd" and a "Business Name" (not "T/AS" and no personal name). I have an email from the person I negotiated with accepting the terms of the Licence (in that Company name, alone). All subsequent payments came from that same entity. The claim is from a similar (but different) Business Name (not the Ltd Co or any individual). So my question is this: should we deny the claim (on the N1 response form) based on the fact that we had no relationship with the named claimant (financial, commercial or any other) - or - do that - and also send in the defence (estimate for repairs) and other counter-claims we would make if it does go to court. Many thanks!

Yes, you can deny on the basis you do not have a contractual relationship with that person.

You can also counterclaim at that point too. So defend and counterclaim.

Does that assist?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 1 month ago.
When you say I could counter claim at that point too, do you mean that I could counter-claim that I recognise the claim (but not the claimant)? Could you clarify any advantage/ risk of doing that? Might that allow the claimant to modify the action and restart with the original entity? Thank you

You can only counter claim the person claiming from you.

So if there is a contractual relationship you can claim against them

Customer: replied 1 month ago.
OK thank you. Would it be best to deny the claim like this: "We do not have a contractual relationship with the claimant (and never have); consequently, we deny each and every allegation set out in the particulars of claim". Then, consider taking out a separate action regards ***** ***** deposit? Can I do that with/ though you? How would I do that?

Yes. I would say deny (as you have) and put to proof.

Separate claim:

www.moneycaim.gov.uk

Does that assist?

Customer: replied 30 days ago.
Thanks. I just found this online... A NON-ADMISSION MEANS: “I REQUIRE YOU TO PROVE THIS” - A DENIAL MEANS THAT: “I WILL BRING EVIDENCE TO COURT TO CONTRADICT THIS/PROVE IT WRONG.” Shall I use the former or a denial?

Denial and put to proof.

Does that clarify?