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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 290
Experience:  Solicitor at BLM
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I have received a letter from a solicitor where my old

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Hello I have received a letter from a solicitor where my old tenant is trying to claim personal injury against us for an accident that occurred at a rental property. The rental is managed by the letting agent however they have already tried claiming against them and have now moved onto us
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: we have just received the letter which is from an incident that occurred two years ago. Apparently the letting agent has recorded all dialogue that took place with the tenant
Assistant: Where is the property located?
Customer: Durham
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello

Welcome to JA.

How can I help you today regarding your query

Customer: replied 8 days ago.
Hello Anthony
What we are wanting to know is where we would proceed from here. We have received the letter claiming against us. When the incident occurred the tenant tried to claim against our letting agent and we were informed by our letting agent we had nothing to worry about

Hello

Why is the tenant blaming you for the injury and why did the agency inform you not to worry

Customer: replied 8 days ago.
The tenant fell on a broken decking step. The tenant is claiming that we failed to ensure the safety of them, that we failed to have any proper system of inspection and that we did not replace the steps and allowed them to remain unsafe. The agency said we had nothing to worry about because the tenant was claiming against them however they had everything documented to suggest we were not at fault.

Ok thanks for the information.

The law in question that governs the situation is the landlord and tenants act and the defective premises act which imposes a repairing obligations on the landlord to carry out repairs and any injuries caused due to a failure to carry out repairs will leave you open to a compensation claim

Further it is likely there was an agreement between you and the tenant to carry out repairs to defective parts in the premises.

Do you understand what I have stated, if so I will proceed onto steps to consider.

Customer: replied 8 days ago.
I understand that

In order to defend the claim you need to consider the following

  • Contact your insurance to see if you covered and they can deal.
  • In the meantime you need to gather all repairs logs carried out in the property because the law states you need to be put on notice about such a defect
  • In gathering such information I suggest you contact your estate agents to see if the alleged damage was reported to them and what they did about it

If you dont have insurance then go to your local solicitors to review the court documents(if any) to protect your position and prevent a CCJ

Customer: replied 8 days ago.
If you are put on notice about it how long would be a reasonable time to repair? The claimant has alleged that she reported it on the 23rd to the agent then fell on the 25th. These logs will obviously needed checking

Good question

The law states reasonable depends on the type of damage caused and what part of the building is damaged. Therefore if it was a damage that required emergency repairs then 2 days is arguably too late

However if damage didn't require emergency repairs then you can argue that repairs arrangement were being made.

However it can also be argued that the agency were aware of the defect before the tenants notified them if they can prove you and or the agency visit the property

To do other repairs and thus should have been aware of it

Do you understand what I have stated?

If not please let me know I will explain parts you don't understand

Customer: replied 8 days ago.
Yes I understand
These tenants actually left the property leaving no notice. They also left damage to the property that exceeded the security bond and did not pay rent for two months prior to leaving. Could we then counter claim against them for our losses which are clearly more significant than their own!

Hello

Given this is a new question. Please rate the answer given for the first question using the stars button at the top of your screen.

Once rated I will answer the second question at no costs.

Thanks

Anthony Chendo and 2 other Law Specialists are ready to help you

Thanks for the rating.

You can potentially bring a counter claim for unpaid rent and damage you believe that was caused by the tenants

 

You will need to provide evidence of the damage I.e pictures before the property was rented and picturep after they left

Further you will invoices to prove the amount paid or to pay to rectify the damage

 

Further you will need invoices to prove the amount paid or to pay to rectify the damage

Customer: replied 8 days ago.
Than you

No problem and all the best