Whats the process following lbc?

[missmooch]

Hi

Hoping someone can help.

Tenant left property owing £1500 in rent. There was also substantial damage to the property amounting to £4000.

The tenant gave no notice and left no forwarding address, nor notice. I am presently trying to get the deposit back from the dps through the single claim process, but as I live abroad this is not a straightforward, or a quick process.

The guarantor is the tenants mum. My letting agent invited the guarantor to come and view the damage to the property when it was clear there was vacant possession, and she did. However the guarantor was quite difficult, the impression she gave was that the property was in a poor condition when her daughter moved in. The tenants father, who also came along, however was more understanding with the agent.

The works are now finished and the agent has sent the guarantor 2 letters breaking down costs. The guarantor called saying they only received one letter and were seeking legal advice. In the meantime, I have sent the letter before claim to the guarantor.

The guarantor has now been in touch with my letting agent since receiving the letter before claim, to say she accepts the arrears but not the damage and will dispute it. She is offering £50 a month for rent arrears only. Some of the repairs were upgrades, but she has not been charged for this and the letters from the letting agent makes this very clear. The letting gent has tried to explain this again over the phone.

My letting agent has said the £50 month is not acceptable, and given despite what she feels, we would expect her to cover the cost of damage, and this would take in excess of 9 years to clear. She wants me to formally reject the £50 a month offer by letter as she states this is required given the legal advice she has had, although she in turn has not given me any formal letter, with her offer.

Do I need to request a formal letter of her first?

I assume I do then need to respond given she is making an offer albeit not acceptable?

If so, is there any formal wording the I would need to include in my response?

Thanks for any advice

[jaguarsuk]

Re: Whats the process following lbc?

Hi

If it was me, she has not responded to your letter before claim and therefore by rights you could simply submit a claim. She has made an offer to the agent and not you directly, so they should formally refuse the offer.

She probably thinks that if you reject her offer a court will side with her due to you being unreasonable, however she is not offering to pay what you say is owed and therefore it is impossible for you to consider the offer properly.

I would write to her again stating what she owes and how you calculate it. That you wish to settle amicably, so if a fair amount is offered then you will consider it and ask her to complete an income and expenditure form to demonstrate to you that it is a fair offer based on their circumstances. Title the letter "Without Prejudice Save As To Costs" and give them 14 days to respond.

I very much doubt they'll complete the income and expenditure form or make a further offer, at which stage you should file a claim. You will be able to demonstrate to the court though that you have acted completely reasonably and used litigation as a last resort.

Others will have others views to me though, so wait to see their ideas too