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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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We are property managing agents, we have received correspondence

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We are property managing agents, we have received correspondence from a tenant's solicitor with a personal injury claim, we called the tenant and he is says say is willing to close the claim, we need a draft letter for the tenant to sign that he is not proceeding with the claim
Hello has a court claim actually been made and is the tenant receiving anything in return for not claiming?
Customer: replied 2 years ago.
no court claim yet, and not planning to give anything, meeting him tomorrow
Whatever letter he signs saying that he will not claim in court, he cannot be prevented from doing so if he changes his mind. Had he received some form of compensation, then a letter could be drafted to state that he accepts this consideration as full and final settlement for any potential claims he has in relation to this injury. But in the circumstances that would not be the case so even if you were to get a letter to him, that would only be for your own peace of mind, it would not really stand up in court if he later decides to make a claim anyway. So it is up to you whether you want to get such a letter in place, but if he has said that he will not be claiming and he intends to keep that promise, then that is all you would require in the circumstances.
Customer: replied 2 years ago.
Ok so we will consider making a payment and settle to ensure he surrenders his rights
Yes, ideally you would want to provide some consideration for his agreement not to claim, then it would have more of a legal standing
Customer: replied 2 years ago.
Ok we will do this then, we just need a draft letter or wording
Hello again, sorry I was unexpectedly called into a meeting earlier. You can use the following wording, making sure it is marked ‘Without Prejudice’. “[Name of tenant] agrees that they are accepting the sum of £X from [name of property maintenance company] in full and final settlement for any potential losses or compensation that may be recoverable against [name of property maintenance company] as a result of personal injuries arising out of [provide brief detail of what the nature of the incident was which they would have claimed for]. Both parties understand that this payment is made on a without prejudice basis and without admission as to liability on the part of [name of property maintenance company].” Then get it signed and dated by both parties. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
thank you very much Ben
You are most welcome