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MCOL for Tenant Property Damage

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  • MCOL for Tenant Property Damage

    Our former tenants have filed a defense to a MCOL for damages to our property after they vacated. We have significant evidence to support our claim; inventory report, before/after dated photos: independent witness statements: traders invoices, etc. Their defense is mostly about wear and tear but the provable damage is way beyond this. We are about to return the Directions Questionnaire and are considering including a letter to the defendants, copied to the court, suggesting they get legal advice and/or be willing to meet to discuss how we might agree a settlement (this has previously been tried prior to sending a Final Notice - there has no response). Would this be wise, or is some legal process required before doing so? Many thanks.
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  • #2
    You can complete the part of the DQ that deals with mediation, to indicate willingness to take that option.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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    • #3
      Thank you Atticus. I have completed that section. However, I doubt our former tenants have the language skills to deal with telephone mediation. That's why I thought it might be helpful to suggest they seek free legal assistance either through the CAB or half an hour with a local solicitor. They may then be encouraged to drop what appears to be a hopeless defense given the overwhelming amount of evidence.

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      • #4
        Perhaps, but will they take that suggestion from you?
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Well it looks unlikely. We have tried twice to engage with them with no response. Bizarrely they have bought a house on the opposite side of the road to the one they were renting from us and now appear to be setting about de-valueing that; torn curtains, broken glass & damaged front door - all in 5 weeks! At least we know where they are and will see what the court make of it. Thanks for your comments.

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