I am a private landlord and would greatly appreciate some advice as my tenant’s solicitors have informed me that there may be a claim for personal injury under the Housing Disrepair Protocol. Whilst I believe there may be some minor disrepair, this protocol is being used very aggressively to hit me with a claim, I think the tenant is pursuing this claim as a reprisal because I wanted to increase the rent (which is significantly lower than the market rate) and when he refused to pay more rent, I served notice on him to vacate the property. Where can I find a good solicitor who knows about the Housing Disrepair Protocol?
The details are that in November 2012 I notified the tenant that the rent would rise in January 2013. In response, the tenant complained to the council about the property being damp (he had never complained about the property to me). The council carried out an inspection but were ultimately happy with my responses and let the matter drop. The council did acknowledge that there was some damp, but said this was caused by the lifestyle of the tenant (not opening windows, and hoarding boxes which prevented airflow).
In April I filed a section 21 notice, to expire mid June 2013.
After receiving the section 21, my tenant sent a letter listing 11 complaints about the property. I did not respond as I had decided it was ‘sour grapes’ and I assumed the clock was ticking and my tenant would leave soon – at which point it would be easier to do any work. However in June the section 21 expired but the tenant refused to leave so I applied to the court for possession, which was granted for mid August. A few days after applying to the court, I received an Early Notification Letter from the tenant’s solicitors, stating there may be a claim for personal injury under the Housing Disrepair Protocol, for both him and his daughter (who only visits occasionally) and a claim for expensive possessions that have become affected by damp and mildew. The letter was very intimidating. His solicitor has now sent a surveyor to conduct an inspection of the property and I am awaiting a copy of this report. Please can you advise me how I might find a good solicitor who knows about the Housing Disrepair Protocol The tenant is benefiting from legal help and seems to have found a very aggressive firm of solicitors and having received 4 letters from his solicitors, I want legal help but cannot find any solicitor with expertise in this field.
I am also worried that the end game now is not simply regaining possession of the property but stopping the claim going any further. Would it be worth pointing out to his solicitor that the tenant never complained about the property in writing until the section 21 reached him - which shows the conditions could not have been too bad?
Any suggestions would be gratefully received.
The details are that in November 2012 I notified the tenant that the rent would rise in January 2013. In response, the tenant complained to the council about the property being damp (he had never complained about the property to me). The council carried out an inspection but were ultimately happy with my responses and let the matter drop. The council did acknowledge that there was some damp, but said this was caused by the lifestyle of the tenant (not opening windows, and hoarding boxes which prevented airflow).
In April I filed a section 21 notice, to expire mid June 2013.
After receiving the section 21, my tenant sent a letter listing 11 complaints about the property. I did not respond as I had decided it was ‘sour grapes’ and I assumed the clock was ticking and my tenant would leave soon – at which point it would be easier to do any work. However in June the section 21 expired but the tenant refused to leave so I applied to the court for possession, which was granted for mid August. A few days after applying to the court, I received an Early Notification Letter from the tenant’s solicitors, stating there may be a claim for personal injury under the Housing Disrepair Protocol, for both him and his daughter (who only visits occasionally) and a claim for expensive possessions that have become affected by damp and mildew. The letter was very intimidating. His solicitor has now sent a surveyor to conduct an inspection of the property and I am awaiting a copy of this report. Please can you advise me how I might find a good solicitor who knows about the Housing Disrepair Protocol The tenant is benefiting from legal help and seems to have found a very aggressive firm of solicitors and having received 4 letters from his solicitors, I want legal help but cannot find any solicitor with expertise in this field.
I am also worried that the end game now is not simply regaining possession of the property but stopping the claim going any further. Would it be worth pointing out to his solicitor that the tenant never complained about the property in writing until the section 21 reached him - which shows the conditions could not have been too bad?
Any suggestions would be gratefully received.