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Dispute Over Rent And Property Damage
84 Answers
I had a long running dispute over back rent and some property damage. My former landlords daughter takes care of the finances for him and she obtained a judgment from suing me for over £4000 in payments of back rent and the property damage.
She is now applying for an attachment of earnings order to ensure I have to pay her. This could be up to £200 a month I will have to pay and that will plunge me into a lot of financial difficulty.
The daughter seems quite ruthless and she says that putting me into deep financial difficulty is of no concern to her at all and she is ensuring I pay her in full, yet I know she is already raking in big profits from renting.
I ‘m not actually looking for legal advice, but I would like to know your views on how you see this. Is she right to show no concern about the financial difficulty she is putting me in despite already raking in good profits or is she just going about this is a business manner?
She is now applying for an attachment of earnings order to ensure I have to pay her. This could be up to £200 a month I will have to pay and that will plunge me into a lot of financial difficulty.
The daughter seems quite ruthless and she says that putting me into deep financial difficulty is of no concern to her at all and she is ensuring I pay her in full, yet I know she is already raking in big profits from renting.
I ‘m not actually looking for legal advice, but I would like to know your views on how you see this. Is she right to show no concern about the financial difficulty she is putting me in despite already raking in good profits or is she just going about this is a business manner?
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I should have made that clear EDDIE51, I did state that she had sued me, and was applying for an AOE. I didn't manage to keep to the payments after being sued so she is now applying of an AOE. I'm assuming that she will be claiming for the same amount of £200 a month and the AOE will enforce that she is paid in full.
I don't know whether it's been raised as I haven't read all this thread. However, when asking whether she has considered your financial position, have you considered hers?
People who rent out property have expenses. In your particular case she has the added (unplanned) expense of rectifying the damage you admit causing. You suggest she is "raking in good profits". But whilst you may have an idea of how much she is "raking in" you can have no idea how much of the revenue is profit and how much goes in expenses.
Even at £200 a month she will wait twenty months to recover the debt in full. This is effectively an interest-free loan to you for that time but she has to repair the property immediately if it is to be re-let. A couple of tenants like you, trashing her properties, may soon see her in difficulties but even if it does not there is no reason why she should suffer as a result of your activities.
There are always two sides to every story and we've only heard one.
People who rent out property have expenses. In your particular case she has the added (unplanned) expense of rectifying the damage you admit causing. You suggest she is "raking in good profits". But whilst you may have an idea of how much she is "raking in" you can have no idea how much of the revenue is profit and how much goes in expenses.
Even at £200 a month she will wait twenty months to recover the debt in full. This is effectively an interest-free loan to you for that time but she has to repair the property immediately if it is to be re-let. A couple of tenants like you, trashing her properties, may soon see her in difficulties but even if it does not there is no reason why she should suffer as a result of your activities.
There are always two sides to every story and we've only heard one.
New judge, you do make some fair points. I do know she is quite well off, but you are right in that I don’t of course know her full financial situation and I realise she has a business to run.
As you hadn’t been following the thread, you might not have seen that I did later point out that I didn’t trash the house at all, it was two jerks I rented with, but ok I’ll accept what you’re saying is all it takes is one or two tenants to cause a load of damage and she is then faced with the expense of the repair work. I also paid my full share of the rent, it was the other two who did not and as they have now gone AWOL, I’ve had to try and pick up the pieces of this. Again, I’ll accept that | knew any of us could be held liable if payments weren’t made or damage caused. I should also have been much more careful about who I shared a tenancy with.
She just sees this as not her problem and it is just tough on me but she wants paying in full and quickly. I really am trying to pay this, but I accept what you say even at £200 a month she has to wait 20 months to receive her full payments. If a court orders me to continue paying that much through an AOE then I will have to, if my payments are reduced than she will have to accept that, though she would no doubt not be happy to say the least.
Well my original question was whether she is right in pressing me like this and not showing any concern for my financial situation. I do see it from her side as well and I appreciate all views whichever way anyone sees this.
As you hadn’t been following the thread, you might not have seen that I did later point out that I didn’t trash the house at all, it was two jerks I rented with, but ok I’ll accept what you’re saying is all it takes is one or two tenants to cause a load of damage and she is then faced with the expense of the repair work. I also paid my full share of the rent, it was the other two who did not and as they have now gone AWOL, I’ve had to try and pick up the pieces of this. Again, I’ll accept that | knew any of us could be held liable if payments weren’t made or damage caused. I should also have been much more careful about who I shared a tenancy with.
She just sees this as not her problem and it is just tough on me but she wants paying in full and quickly. I really am trying to pay this, but I accept what you say even at £200 a month she has to wait 20 months to receive her full payments. If a court orders me to continue paying that much through an AOE then I will have to, if my payments are reduced than she will have to accept that, though she would no doubt not be happy to say the least.
Well my original question was whether she is right in pressing me like this and not showing any concern for my financial situation. I do see it from her side as well and I appreciate all views whichever way anyone sees this.
At the end of the day, although it seems unkind of her not to care that she is putting you into a poor financial situation, she isn't running a charity. It is a business transaction and you have lived rent-free at a property and she has had to pay out money for property damage caused by you. All she is doing is asking you to repay the money you have cost her, so yes she is right to do so.
blimey there are some poncey answers on this thread today
thanks to the two lawyers for the technical but free input.
off the point - BUT it occurs so often
//If there are no assets, then indeed, the debt dies with you.//
that does not mean on death - you keep the assets and the debts sort of go away -
you have to do an exercise and if the moolah is more than the debts then they are paid off and you pocket the balance
and if the liabilities exceed the assets, then the assets pay off the debts in order prescribed ( funeral costs first)
And yes some relations of an ex tenant contacted me and said you found £291 in his sideboard can we have it please and I said:
"It was £2.91 - you dont want to contribute to his funeral do you - it cost £4000."
I was thinking about this is n the sun over the w/e
why dont you ormalise the family debt and declare it?
(sort of variation of "'tell the truth' and see what the judge says."
thanks to the two lawyers for the technical but free input.
off the point - BUT it occurs so often
//If there are no assets, then indeed, the debt dies with you.//
that does not mean on death - you keep the assets and the debts sort of go away -
you have to do an exercise and if the moolah is more than the debts then they are paid off and you pocket the balance
and if the liabilities exceed the assets, then the assets pay off the debts in order prescribed ( funeral costs first)
And yes some relations of an ex tenant contacted me and said you found £291 in his sideboard can we have it please and I said:
"It was £2.91 - you dont want to contribute to his funeral do you - it cost £4000."
I was thinking about this is n the sun over the w/e
why dont you ormalise the family debt and declare it?
(sort of variation of "'tell the truth' and see what the judge says."
@ Peter Pedant
My answer that you quote
//If there are no assets, then indeed, the debt dies with you.//
Your answer
"that does not mean on death - you keep the assets and the debts sort of go away -"
If there are NO, I repeat NO assets, where do the assets come from that you can keep and ignore the debt.
My answer that you quote
//If there are no assets, then indeed, the debt dies with you.//
Your answer
"that does not mean on death - you keep the assets and the debts sort of go away -"
If there are NO, I repeat NO assets, where do the assets come from that you can keep and ignore the debt.
To BagPussAA: Thank you for posting your view on my situation, I particularly appreciate your view as you kept precisely to the question I asked and although you give an indication of some sympathy to my situation you clearly see it more from her side and you have summed up very well why you feel she is right to do this to me.
I didn’t actually cause any of the damage, that was done by the two I was sharing with who also failed to honour their share of the rent. But I do accept that I knew I was in a joint tenancy and that she is perfectly within her rights to pursue any of us. As the others went AWOL, I was the easiest to pursue and I do accept that none of this is her problem. Thank you again BagPussAA for your view.
I didn’t actually cause any of the damage, that was done by the two I was sharing with who also failed to honour their share of the rent. But I do accept that I knew I was in a joint tenancy and that she is perfectly within her rights to pursue any of us. As the others went AWOL, I was the easiest to pursue and I do accept that none of this is her problem. Thank you again BagPussAA for your view.
I’ve received some much better news on this today, the relative who I owe some money to has offered to let me delay further payments to him until I pay off the back rent and property damage I’m liable for. This is a real life-line for me as it will enable me to pay back the full amount the landlords daughter is pressing me for in 18 months.
I had been paying him back for over a year and had never not managed to pay him the full amount each month, it was only when the landlords daughter came after me for the back rent and damage payment that it messed me up financially big style so I can’t thank him enough!
I had been paying him back for over a year and had never not managed to pay him the full amount each month, it was only when the landlords daughter came after me for the back rent and damage payment that it messed me up financially big style so I can’t thank him enough!
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