Claim against tenant - a few questions

[efpom]

This just in.
https://www.bailii.org/uk/cases/UKUT/LC/2022/266.html

[Reviewwworld]

Thank you EFPOM. Makes very interesting reading. I certainly feel it helps although would need a judge to appreciate the context. By that I mean the manner in which a notice was given to the tenant, via WhatsApp, which is how all dialogue during the tenancy had occurred, encouraged by the tenant themselves. Although no formal notice was given, a request a made to enter the property on a day and time of their choosing the following week, when we were in the neighborhood. We were declined access at anytime as they were away and told permission was not granted to access the property in their absence.

[islandgirl]

I also found it very interesting but it relates to a Rent act protected tenancy rather than an AST? No idea if this decision will hold for ASTs

[Reviewwworld]

So a bit of progress in the sense that we now have a letter from the tenants solicitor, an itemised response to my various claims and within that the first time they have accepted liability for multiple items. For most an agreement with the sum claimed but unsurprisingly contest the larger figures. My take is that it's actually the larger figures that are more of an open and shut case, i.e. nigh on impossible to dispute it as wear and tear, clear negligence etc.

The conundrum is bird in the hand etc as the total accepted claims comes to around 1.2x the deposit amount and if I accept their counter they will directly pay the 0.2x additional. However, it comes with the classic and expected "in full and final settlement" caveat. For context my claim to them was 3x deposit, with 2x covering direct damage/missing items and 1x coming from the previously discussed lost rent whilst renovations were being carried out.

To me, I certainly think there is enough evidence to prove liability for the damages part but I am conscious a judge may scale back the claim for each item based on various elements. On the lost rent item, it certainly looks a worthwhile avenue to pursue but again I am aware that there is uncertainty not only on liability but on amount.

I guess what I am asking advice on is whether the most prudent course of action would be to simply negotiate, go back with a "disagree on X you need to add it back in but if that's added I am prepared to drop Y" etc and hope to get close to the 2x figure i.e. majority of damages/missing items paid for in full. I am hoping there is enough of a carrot with keeping this out of court and dropping the rent claim that it should be appealing.

[efpom]

This seems to me to be a money claim. If so, be aware that if the total value of the claim is less than £10k, solicitor litigation costs are not recoverable in any event.

Be that as it may, the proposed defendant - your former tenant has retained solicitors to act for him in settling the dispute. The cost of that representation, if a London firm, is likely to be £500>£700 + vat an hour. I would, therefore, if I was in your shoes, be engaging in lengthily correspondence with that firm, which the firm will bill the defendant for dealing with it, aimed at arriving at a situation where it becomes cost effective for the defendant to to agree to your demands.

[atticus]

The economic and cost/benefit decision is the OP's to take, bearing in mind factors such as certinty/finality of a settlement; duration, cost and time spent in court proceedings; uncertainty of outcome.

[Reviewwworld]

This seems to me to be a money claim. If so, be aware that if the total value of the claim is less than £10k, solicitor litigation costs are not recoverable in any event.

Be that as it may, the proposed defendant - your former tenant has retained solicitors to act for him in settling the dispute. The cost of that representation, if a London firm, is likely to be £500>£700 + vat an hour. I would, therefore, if I was in your shoes, be engaging in lengthily correspondence with that firm, which the firm will bill the defendant for dealing with it, aimed at arriving at a situation where it becomes cost effective for the defendant to to agree to your demands.

Basically the 2x (damages only) claim is less than £10k, the 3x takes it above. But that's good to know, I wasn't aware of the £10k threshold.
You make an excellent second point. The points being contested are actually a lot closer to black & white than grey so I will stand my ground and provide their legal team evidence as to why I think the points remain valid. Hopefully with that in hand they can provide appropriate advice to their client that the probability of them successfully defending them in court is not only slim but the cost of representation will far outweigh the value of the outstanding points.

[Reviewwworld]

The economic and cost/benefit decision is the OP's to take, bearing in mind factors such as certinty/finality of a settlement; duration, cost and time spent in court proceedings; uncertainty of outcome.

Totally. There is an unquantifiable cost of the overhang of this and the stress that will linger which is why I am prepared to accept a lesser amount than the total claim in order for it to be resolved quickly.

[efpom]

A clarification to my previous writing - IF you issue a claim AND if it is a claim for money AND it is allocated to the small claims track then the parties are not entitled to solicitor costs, except for the fixed costs of issuing the claim.

The jurisdiction of the small claims track is limited, for claims for money, where the amount of the claim is not more than £10,000.

[Reviewwworld]

Hello all,

Just to follow up with an appreciation post for all the advice. Genuinely incredibly helpful. After their solicitors made a counter offer of about half the damages claim, I responded using extracts from the article EFPOM kindly provided with regards to loss of rent (and why in my situation I believed I ticked every box to be owed it). Last week they accepted my offer in full and final settlement to pretty much pay the FULL damages claim if I drop the loss of rent element and it's now been agreed by all parties.

Thanks again!

[atticus]

That is good to hear: well done.

Now just make sure that you receive the money!