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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23698
Experience:  Senior Partner at Berkson Wallace
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We have renting a property for 4 years, and the landlord

Customer Question

Hi
JA: Hello. How can I help?
Customer: We have renting a property for 4 years, and the landlord decided to sell the house in March 2021, and he served us with a eviction notice.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: The house has a damp all over the ground floor, which he didn't repair it, although we asked couple of times to do so, he only didi a temporary "fix" once 2 or 3 years ago, and last time when we asked for repairs he served us the notice. I have been talking with a solicitor to claim for failing to peotwct the depoait, cause he only protected it few month ago, and claim for disrepair as well. We were interested to buy the house, obviously at a fair price considering the amount od rwnt we laid and the lroblema the house comes with, i decided to sent the following email, as an intention of buying the house and a negotiation if you like Dear *****,I have been in advanced discussions with a solicitor about our situation on the current tenancy, and they advised us to take you to court for failing to protect the deposit (legally you should have been protect it in the first 30 days of the tenancy - not when you served the eviction notice!) and for failing to do the repairs on the damp. We had been asking you to repair the damp couple of times, have the emails as proof, and last time when we asked you, you decided to serve us an eviction notice. Of course, you tried to temporarily "fix" it once, but your "builder" made it even worse. After 4 years of trouble free rent, never missed or late on a rent, we have been notified by an estate agency that you are selling the house, thanks for that, well appreciated!
I have medical documentation to prove that my asthma got worse due to the damp and mold present all over the ground floor, and also have photo/video that shows the condition of the property every couple of months since we moved in, and adding to that the health of our son has been put at risk, they(solicitors) said we can up to 100% compensation on rent from you, its just a matter of time.
Now, keep in mind that we caused you no problems so far, and that we paid you close to 20k£ in rent, and you spent like 2 to 3k £ tops on some unnecessary repairs ( instead of repairing what needed to be repaired) that is still a lot of money left in your pocket/account.
We would like to buy the house from you and do the repairs and make it our home, but obviously won't pay that overestimated price given by the real estate agent as she doesn't know half of the condition of the house.
Obviously we will get a surveyor over to asses the house either way (if you choose to sell it to us or not) and most likely the estimate will drop significantly when the surveyor report will be official, as there are plenty of things wrong with the house, as you already now by now.
So, we could make you an offer that is fair for both parties, considering the rent paid over 4 years, and the amount of money that needs investing in the house to put it right. Of course, if we don't come to an agreement, obviously we will go further with our claim.
Even if you will sell it for more than our offer, (although i doubt a bank will take the risk of not having a survey over the house) after you will have payed us compensations, you will end up probably with less money after the sale than what we offered. I don't see why we cant be reasonable here, you haven't paid anything for this property to think that you loose any money on it, you only had profit from it, unless you want to go the court way.
Let us know your thoughts and we'll go from there.
Thanks, *****: What steps have you taken so far?
Customer: The landlord said i am blackmailing him and manipulate him. This was no intention of blackmail, i was looking to negociate a fair price for the house. Is that considered blackmail?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Don't think so
Submitted: 5 days ago.
Category: Law
Expert:  Stuart J replied 5 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

To precis - you want to buy the property you have been renting and its in disrepair?

and the landlord never protected the deposit?

and now hes saying you are 'blackmailing him' over this fact?

Customer: replied 5 days ago.
Basically yes, ive sent him this email
Customer: replied 5 days ago.
Dear *****,I have been in advanced discussions with a solicitor about our situation on the current tenancy, and they advised us to take you to court for failing to protect the deposit (legally you should have been protect it in the first 30 days of the tenancy - not when you served the eviction notice!) and for failing to do the repairs on the damp. We had been asking you to repair the damp couple of times, have the emails as proof, and last time when we asked you, you decided to serve us an eviction notice. Of course, you tried to temporarily "fix" it once, but your "builder" made it even worse. After 4 years of trouble free rent, never missed or late on a rent, we have been notified by an estate agency that you are selling the house, thanks for that, well appreciated!
I have medical documentation to prove that my asthma got worse due to the damp and mold present all over the ground floor, and also have photo/video that shows the condition of the property every couple of months since we moved in, and adding to that the health of our son has been put at risk, they(solicitors) said we can up to 100% compensation on rent from you, its just a matter of time.
Now, keep in mind that we caused you no problems so far, and that we paid you close to 20k£ in rent, and you spent like 2 to 3k £ tops on some unnecessary repairs ( instead of repairing what needed to be repaired) that is still a lot of money left in your pocket/account.
We would like to buy the house from you and do the repairs and make it our home, but obviously won't pay that overestimated price given by the real estate agent as she doesn't know half of the condition of the house.
Obviously we will get a surveyor over to asses the house either way (if you choose to sell it to us or not) and most likely the estimate will drop significantly when the surveyor report will be official, as there are plenty of things wrong with the house, as you already now by now.
So, we could make you an offer that is fair for both parties, considering the rent paid over 4 years, and the amount of money that needs investing in the house to put it right. Of course, if we don't come to an agreement, obviously we will go further with our claim.
Even if you will sell it for more than our offer, (although i doubt a bank will take the risk of not having a survey over the house) after you will have payed us compensations, you will end up probably with less money after the sale than what we offered. I don't see why we cant be reasonable here, you haven't paid anything for this property to think that you loose any money on it, you only had profit from it, unless you want to go the court way.
Let us know your thoughts and we'll go from there.
Thanks,
Adrian.
Customer: replied 5 days ago.
I had no intention of blackmail at all, i did have been talking with a solicitor to claim for the deposit and disrepair. And i wanted to buy the property at a fair price, considering the rent we paid for 4 years and the problems the house has.
Customer: replied 5 days ago.
He said this is a blackmail attempt and manipulation of written facts...
Customer: replied 5 days ago.
he will send this to his solicitor.
Customer: replied 5 days ago.
Is it something i should worry about or he just trying to intimidate me to stop going further with the claims?
Expert:  Stuart J replied 5 days ago.

I wouldn’t worry about the suggestion that this is blackmail.  Blackmail is unwarranted demand with menaces.  Your demand is not unwarranted.

If he hasn’t protected the deposit, you are entitled to 3 times the deposit as compensation for the failure to protect plus the return of the deposit.

He cannot give you valid notice until the deposit has been protected but even if it has been protected late, you still have a compensation claim.

There are loads of solicitors crying out for this work because it’s so easy to bring and very difficult to defend.

If you Google

Tenant deposit protection solicitor claim

You will find loads looking for the work.

Find one that would also deal with the landlord’s disrepair claim at the same time because you are entitled to substantial compensation in respect of the damp et cetera.  Further, once you have intimated the landlord’s disrepair claim, he cannot then give you notice because that is classed as revenge notice that is invalid until such time as the disrepair has been resolved.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 5 days ago.
i already started the claim process for failing to protect the deposit, he did protected when he served the notice, but i know he legally should have done it in the first 30 days of tenancy. I
Is there anything in the body of the email I've sent him, that i should be worry about? Anything close to what he claims? Manipulation or blackmail?
Expert:  Stuart J replied 5 days ago.

There is nothing in that email which is problematical.  I don’t have a problem with it.

Customer: replied 5 days ago.
Ok, so he has no grounds for blackmail. I can go through with thw claims then.
Expert:  Stuart J replied 5 days ago.

Let me put it this way, if this was blackmail, then anyone who said,

“If you don’t give me this that and the other which you owe  me and I am entitled to, I will take you to court”

Would be guilty of blackmail and obviously they are not.

It’s whether the demands are reasonable or not and I cannot see that your demands are unreasonable.

Customer: replied 5 days ago.
I dont know, why he would say that then? I havent made any demand, just told him we would make a reasonable offer considering the rent we paid in 4 years and the problems the house has, having in mind that he didn't repair the damp we asked him to. I said i will claim for disrepair, and i am in the process of doing so, my intention was to negotiate a fair price for the house and nothing more. I haven't asked him to sell me the house for that amount...
Customer: replied 5 days ago.
This is his response to my email
Customer: replied 5 days ago.
Dear Adrian,I'm utterly appalled at your attempt of blackmail and manipulation of written facts which are open to authorities and legal bodies to review.My solicitors are now engaged and will correspond directly.RegardsIan
Expert:  Stuart J replied 5 days ago.

Excellent.

Tell him, “You are entitled to your opinion.  The situation remains the same.  If you give me your solicitors details, and confirm that they are instructed to accept service of proceedings on your behalf, I will correspond with them directly.

Customer: replied 5 days ago.
Ok, will do. Thank you for your time. If needed will come back here. Have a nice day.
Expert:  Stuart J replied 5 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
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