Advice on claiming against Council pls

[SimbaUK123]

Hi all,

I'm a newby who would really appreciate some pointers on a money claim I'm likely to pursue with my local council, as follows:

Situation

• Rented home to local council, who duly let this to tenants, who then caused £000's damage to windows.
• I raised this with the council immediately on reoccupying the property and for the last few years, yes years (long story), I have been going from one director to another, finally the Chief trying to get them to honour their tenancy. I've done the LBA and now doing the claim as a next step.
• I have strong evidence, in the letters sent, email trail and what I feel is the killer, a time dated photo showing clearly the damage, so I'm confident I have a case.

What concerns me, is the potential for escalating costs, which for a claim I have filed under £3k is a consideration. If I add interest, it takes it to nearer £5k, but I'm reluctant to add this even though I'm well within my rights as compensation alone many would say, as I just want judgement to effectively say ' just pay the man' and stop being jerks' to the council and feel if I claim for more the judge may perceive it more of a money grab.

My questions I would appreciate some help with are:

1. My understanding of likely costs are initial fee, arrangement fee and hearing fee. Are there other's I need to be aware of ?

2. I know how long is a piece of proverbial string but do most judges want a quick decision and can they see clearly when a case seems straightforward, as I believe mine is ?

3. On principal, the council should be held accountable but principal doesn't pay the bills nor is it necessarily valued in English law in my experience. Do others believe this is worth pursing?

4. Is there anything else others think I need to be aware of?

Many thanks in advance for any input


Simon

[islandgirl]

What does your contract with the council say about reimbursing you for damages? That is what the court will be interested in...

[SimbaUK123]

What does your contract with the council say about reimbursing you for damages? That is what the court will be interested in...

Hi

Yes, it's written in the contract for the tenant, in this case the council, will repair damage not considered normal wear and tear, to the landlord, myself.

[islandgirl]

Have you spoken to your local councillor? They may be able to push things forward.

[SimbaUK123]

Have you spoken to your local councillor? They may be able to push things forward.

Ive been in toiuch with all directors at the council including the chief exec and they're not doing anything basically.

[islandgirl]

Is there a council complaints procedure? If so follow it then (if no joy) take it to the Ombudsman?

[SimbaUK123]

Is there a council complaints procedure? If so follow it then (if no joy) take it to the Ombudsman?

No, its way beyond that now, its either legal or not

[islandgirl]

I still believe the ombudsman is the way to go. However if you go legal be prepared for a very, very long wait

[SimbaUK123]

I still believe the ombudsman is the way to go. However if you go legal be prepared for a very, very long wait

Hi IG

Why do you think it will be a long wait to go legal, do you mena getting the hearing date through or something else ?

[islandgirl]

https://www.lgo.org.uk/
It says they deal with complaints against councils...

A council may run a rent deposit or bond scheme to help people who can’t afford a tenancy deposit to rent from a private landlord. This normally involves the council providing a loan to the prospective tenant for the tenancy deposit and/or a bond to the landlord to cover any damage to the property.

Many councils offer a direct letting service to private landlords. This can involve the council introducing a suitable tenant to a landlord and perhaps offering other incentives to the landlord to let the property to the prospective tenant. Alternatively, private landlords may enter into a longer term lease agreement with a council to allow the council to use their property to house people in need of accommodation. The council then manages the property and guarantees the rent for the period of the lease agreement.

The council may also offer a grant or loan to the owner of an empty property to bring the property back into use. This is usually on the condition that the landlord enters into a lease agreement with the council to allow the council to use the property for housing those in need of accommodation.

Complaints about these matters may be made to the Ombudsman. We may decide to investigate if there is evidence of fault by the council which has caused you an injustice. However, where there is a disagreement about whether either you or the council have complied with the terms of a lease agreement, we would not normally investigate. This is because the courts are in the best position to decide such disputes.

[SimbaUK123]

https://www.lgo.org.uk/
It says they deal with complaints against councils...

A council may run a rent deposit or bond scheme to help people who can’t afford a tenancy deposit to rent from a private landlord. This normally involves the council providing a loan to the prospective tenant for the tenancy deposit and/or a bond to the landlord to cover any damage to the property.

Many councils offer a direct letting service to private landlords. This can involve the council introducing a suitable tenant to a landlord and perhaps offering other incentives to the landlord to let the property to the prospective tenant. Alternatively, private landlords may enter into a longer term lease agreement with a council to allow the council to use their property to house people in need of accommodation. The council then manages the property and guarantees the rent for the period of the lease agreement.

The council may also offer a grant or loan to the owner of an empty property to bring the property back into use. This is usually on the condition that the landlord enters into a lease agreement with the council to allow the council to use the property for housing those in need of accommodation.

Complaints about these matters may be made to the Ombudsman. We may decide to investigate if there is evidence of fault by the council which has caused you an injustice. However, where there is a disagreement about whether either you or the council have complied with the terms of a lease agreement, we would not normally investigate. This is because the courts are in the best position to decide such disputes.

Thanks for this IG


Why do you think it will be a long wait to go legal, do you mean getting the hearing date through or something else ?

[islandgirl]

Thanks for this IG


Why do you think it will be a long wait to go legal, do you mean getting the hearing date through or something else ?

Yes exactly - it will take a long time to come to court just because there are lots of cases to hear....

[SimbaUK123]

Yes exactly - it will take a long time to come to court just because there are lots of cases to hear....

Do you have experience here or is your knowledge based on cases you may have come across ?

IfI initiated it now, do you know how long it will likely take to conclude ?

[islandgirl]

I have taken people who owed me money through small claims and it takes a long time. No recent experience sorry

[Pezza54]

The Law Society, 6 June 2024, states "Small claims taking more than a year to reach trial"
Delays vary from county court to county court. The worst are 18 months or more