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Question

Responsibilities and Liabilities (England)

What rights do my defaulting ex-tenants have to counterclaim for what they claim to be poor condition of property?

18 May 2017 | 1 comment

Hi, we evicted our tenants under s 21 for non-payment of rent. we are now pursuing them through debt collectors for the outstanding amounts due (just over £10K). They are now threatening to counterclaim for what they say is the poor condition of the property (NB we have new tenants in place already who seem delighted with the place and the inventory shows it is in good nick). There was a damp issue while they were in the property, which was resolved under our freehold insurance to some inconvenience to the tenants, but we reimbursed them over £5K of the rent (about 1/3rd of the rent during the period at which they were inconvenienced). Do they have a leg to stand on? Thanks in advance.

Answer

1 Comment

  1. guildy

    Obviously it’s difficult to say when disrepair is being considered because it’s very much down to individual opinion. However, from what you describe, it sounds like they got a very good deal with the refund already provided.

    If your using a debt collector perhaps you’re not actually taking them to court but just trying to find a resolution. If that’s the case, they wouldn’t be counter claiming but instead they would have to commence proceedings against you for whatever they think they’re entitled to extra. This would be risky for them to do from what you describe.

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