Advice about wayward corporate landlord

[Exasperated]

Hello,

I wonder if someone could point me in the right direction about which law could enable me to place a claim for damages for the following issue.

A former commercial landlord told various utility companies that I was the tenant of his property long after I had left. This resulted in my being perused for debts for the various supplies while in fact the landlord, and at times his other tenants, were in occupation.

All but one of those claiming a debt were relatively easily corrected, but one in particular refused to accept that I was not the occupant, insisting that the only evidence they would accept was a letter from the landlord confirming I was not in occupation. Clearly, this was not forthcoming and so for two years I faced regular threats of enforcement action. I had to resort to legal advice and had to take the utility company to the brink of a court case (protection from harassment)before they would back down. Even now, their position is that I was the occupier and I do owe them money, but they have accepted that they have insufficient evidence to go further.

I am unhappy with this position, as well as the cost, time and distress this process has caused and of course the root of it is the deception of the utility company by the landlord.My question is, under what law can I make a claim against the landlord for the damages he caused? I have read about Misrepresentation and Fraud, but it seems that these might not apply because the landlord didn't directly damage me (for example, tricking me into a contract). Rather, the damage was indirect.

Any pointers would be gratefully received as I would like to understand the possibilities before spending even more on legal fees.

Thanks for your help :-)

[Alfa1steve]

Re: Advice about wayward corporate landlord

Hi @Exaseperated

I would go the small claims route for distress, misrepresentation and defamation of character.

Have you kept all paper work well documented.

[des8]

Re: Advice about wayward corporate landlord

Forget about small claims court for defamation.
Defamation, slander & libel are never tracked into small claims which is reserved for actual physical loss or debt
A very expensive route to embark on when all the landlord has alleged is that you were in occupation when you weren't. Hardly defamation.

[nemesis45]

Re: Advice about wayward corporate landlord

Totally agree Des, such an action would be excessively costly and even if successful any redress would be minimal.

nem

[Exasperated]

Re: Advice about wayward corporate landlord

Hello,

Thanks for the responses. I agree that defamation might be a stretch as the accusation only lead to one entity believing I was in debt to them for an extended period. It was what followed that caused the damage; continual threats of enforcement action including threats to force entry to my home (as it was an energy company) if I did not pay up. This lasted for two years until I had solicitors take over the case. Although it would seem that the utility company was in the wrong, the general consensus is that they were acting "reasonably" because they were relying on information from the landlord.

I'm still not sure if Misrepresentation is the right thing. This is a law which provides redress if someone is tricked into a contract. In this case, if anyone was tricked it would be the utility company. The damage to me was consequential to that, in so far that my losses were incurred because the utility company was misled.

Any more ideas gratefully appreciated!

Ex

[des8]

Re: Advice about wayward corporate landlord

Perhaps you could clarify what you are seeking by suing your landlord?
You would have to bring an action for negligent misstatement against your ex landlord.
This is a claim at common law in tort, and damages are awarded (if successful) to put the claimant in the position they were in before the tort.
Note that a claim for emotional stress will not be allocated to the small claim track, and awards are notoriously small!

IMHO you are best letting the matter drop. If you found being chased by a utility company stressful, you might find a court case even more so.
Perhaps you should discuss your options with your solicitor.

[Exasperated]

Re: Advice about wayward corporate landlord

Hello,

It's mainly the £7,000+ legal bills that it cost to fend the energy company off that I would like back. I would also like the landlord to set the energy company straight as they still refuse to accept I do not owe them money without the say-so of the landlord. It is surprisingly difficult to prove you are NOT the occupier of a property (which is different to proving you occupy somewhere else, apparently).

I doubt I would find a court as stressful as threats of dog handlers, police and bailiffs being sent to our home if we did not pay the £12,000+ the energy company claims we owe them, which they did, every month for two years.

Ex

[des8]

Re: Advice about wayward corporate landlord

IMO you should chat with your solicitor about the chances of success of suing your ex landlord for negligent mis statement.
Here's a couple of links that outline the position:
https://www.lawontheweb.co.uk/legal-...t-misstatement
http://www.inbrief.co.uk/types-of-cl...statements.htm

TBH I hadn't realised how much you had expended. I suppose it must be worth the risk of a little more for the chance to recoup your costs.
Keep your claim below £10,000 and it should be allocated to small claims track, which will keep costs down.

[Exasperated]

Re: Advice about wayward corporate landlord

This is very helpful. Thank you very much for your time.
Ex.