Here is a question to the blog clinic from Tina (not her real name) who is a landlord
My DSS tenant sends me a text saying she has left my keys behind in the house, asked when I would be available so she could collect her stuff and deposit.
Honestly, I didn’t want to return her deposit as she was owing me rent but since it wasn’t protected and I was made aware of the potential claim, I figured it was a minimal loss to return it.
After that, we exchanged cordial texts arranging times for her to pick all her possessions (there were a lot of them). She left only a bunk bed that could not be dismantled. I agreed to do it at some point.
After she had moved everything, she then went to a solicitors and claimed unlawful eviction.
I’d never had an argument with her and most of our correspondence was by text.
I still have all her texts but no receipt for the deposit I returned.
I have told the council she left the property and her benefit was stopped. Do I have to let her back in? She obviously has not paid any more rent since.
I have removed the bunk bed and re-let the rooms she occupied (she took the rooms upstairs and I let the downstairs out to others).
Not sure why her solicitors think she has a claim. Reading your blog, I don’t think she has.
Well if she moved out voluntarily she can’t possibly have a claim unlawful eviction!
The solicitors letter
So far as the solicitors are concerned, she is almost certainly being advised free of charge under the legal aid scheme. So if she tells the solicitor that she has been unlawfully evicted the solicitor will write a letter basically setting out what she told him. This is:
- Good for the solicitors – they can claim their fee off the legal aid board (or whatever its called nowadays).
- Good for the client as she gets her letter sent and the possibility of a payment being made by you to keep her off your back.
Its not good for you of course. But then, you are not their client.
However it is one thing for the solicitor to send a letter. It is quite another for them to actually issue proceedings. I would very much doubt that they will do this.
I am not particularly up on legal aid nowadays (and my legal colleagues will no doubt correct me if I am wrong), but I am pretty sure that they will have to apply to the Legal Aid Board for authorisation and a certificate before they can do anything further.
The LAB is going to want to be pretty certain that she has a case before they give a certificate – if indeed it is something they now offer legal aid for at all.
What you need to do
I suggest you get some information over to the solicitors fairly soon explaining why your former tenant does not have a case. The solicitors will have to pass this on to the LAB and it will almost certainly scupper any chances she may have had of getting a certificate.
If indeed the solicitors even apply for one – they may just have written the letter to get rid of her.
In your letter you should start off by telling them how surprised you were to receive their letter in view of the fact that there was no eviction – their client vacated the property voluntarily and at her own request.
Then do a chronology of events and copy the wording of all the texts sent with the dates.
Finish up by saying that you certainly deny that there was any unlawful eviction, and make the point again that she left voluntarily.
Make it clear that any legal claim will be vigorously defended and that you will be seeking an order for costs against them.
Finally, ask them to write and confirm to you that the matter will go no further.
You will probably hear nothing more from them.
If I had a pound for every allegation of illegal eviction that turned out to be a pile of pants I’d be a very rich man indeed.
Not that I dont see loads of genuine ones too but some tenants have some pretty cock-eyed perspectives on what constitutes harassment and illegal eviction.
I agree Tessa, the solicitor will simply be writing based on what the tenant told them, it doesnt follow that legal action will be inevitable. Unfortunately unless you get threatening letters from solicitors regularly, as I do, then people understandably get rattled when they receive them.
But my genuine question is why do solicitors go off half cocked like this? It causes much distress.
A few months back I defended a possession case in court that was brought by solicitors against a tenant who they were trying to evict using squatter procedures, simply because the property owner told the solicitor she was a squatter and they didnt investigate further.
I endorse Tessa’s advice but would add a suggestion that you actually send copies of the texts, that I understand you can do on a smart phone by taking a screen shot.
Endorse Tessa’s advice.
I would have thought that the solicitor would have detailed times events and incidents that you could then refute using the text dates.
In addition if your local council has a Tenancy Relations Service contact them and they may be able to advise you if they consider on the facts including the solicitor’s letter, that the issue is something that they would take formal action. That advice will be free and may help, but they may of course say that on the facts they may investigate.
Even though I agree on the fact that there is little chance for the land lord to be condemned, he still should resort to a good lawyer just in case. Besides, if he is mean enough, he also can sue her for what she did.
There is an old saying that it is not worth conducting a damages claim against a ‘man of straw’ . A successful claimant may be able to apply for attachment order to the debtors social security benefit at the rate of about £4 a week
Thank you all. I have written to the lawyers as suggested. Right now, all I have are general accusations of harassment and forceful eviction. Been through all my messages again. Yes I did tell her to seek alternative accommodation if she could not afford her rent. That was 5 weeks before she left and the incident passed anyway as she made a part-payment which I acknowledged. After that, she asked me to accompany her to the council to tell them I would evict her as she had not paid my rent. I refused – even I knew that was illegal.
Did someone say something about damages….I’m happy with the £4 a week. That’ll teach her to manipulate the system.