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could tenant be sued for causing a loss

could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 9:15 am

Just curious, I have just discovered that my tenant had not paid the water rates for the period of his tenancy, and that he had not informed them of his obligation to pay the water bills, as I now have a county court judgment in my name.

the tenancy clearly states that he has to pay all water chargers etc.

could I sue him for loss as I have been refused a mortgage due to having a CCJ that I am only now aware of?
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Re: could tenant be sued for causing a loss

Postby atticus » Fri Aug 18, 2017 9:32 am

Rules of remoteness of damage / foreseeability of loss will apply.
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Re: could tenant be sued for causing a loss

Postby dls » Fri Aug 18, 2017 11:19 am

If your tenancy agreement is properly worded, this should have been avoided. If properly worded you should have a contractual claim.

The liability is yours. That you add someone who is to give you an indemnity does not remove your liability.
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Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 11:28 am

atticus wrote:Rules of remoteness of damage / foreseeability of loss will apply.


thanks atticus, so pretty hopeless then! to save me posting a new post, could just tell me if you have any idea, about the following.

if a person dies and has a debt (mortgage) against a property and that property is also left to a sole beneficiary, is there any legal right for the debt (and the agreed terms/service of the debt) to be transferred to the beneficiary? regardless of what the bank think of beneficiary's financial standing? and without having to have to sell the property.

the deceases bank say they can transfer the mortgage, without a new mortgage application having to be made, but the beneficiary would still have to pass credit checks etc
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Re: could tenant be sued for causing a loss

Postby dls » Fri Aug 18, 2017 11:35 am

If A owns a property charged to B, and A dies, the debt goes to teh estate (and not beyond), and the property to the estate subject to the charge.

The charge does not change in any way. The debt goes into the estate, and no further.
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Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 11:37 am

dls wrote:If your tenancy agreement is properly worded, this should have been avoided. If properly worded you should have a contractual claim.

The liability is yours. That you add someone who is to give you an indemnity does not remove your liability.


you cant always avoid idiots! It was worded correctly. He must have thrown all post addressed to myself away, rather than passing it on to me. I am not sure I agree it would be my liability, firstly I am not yet the legal owner, and even if I was, why would i be liable for another persons debt.
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Re: could tenant be sued for causing a loss

Postby preacherman » Fri Aug 18, 2017 11:42 am

dls wrote:If A owns a property charged to B, and A dies, the debt goes to teh estate (and not beyond), and the property to the estate subject to the charge.

The charge does not change in any way. The debt goes into the estate, and no further.


thanks again dls, but can the estate choose to service the charge (under the already in place terms and conditions) rather than pay it all back by a given date.
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Re: could tenant be sued for causing a loss

Postby atticus » Fri Aug 18, 2017 12:49 pm

Congratulations, preacher! You have the most remarkable ability to stumble from one legal disaster to another.

If your tenant, in breach of his contract with you, failed to pay the water bill that you have now been ordered to pay, I simply cannot see how a court will allow you to claim, as damages for breach of contract, losses flowing from the effect on your credit rating of your not paying the bill.

I leave dls to deal with your other question.
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Re: could tenant be sued for causing a loss

Postby diy » Fri Aug 18, 2017 1:10 pm

Can you apply to set the judgement aside given it wasn't served at your address? You could then settle the debt and sue the tenant for your costs.
My suggestions are not legal advice
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Re: could tenant be sued for causing a loss

Postby atticus » Fri Aug 18, 2017 1:26 pm

@diy: what is the defence that the OP will seek permission to advance?
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