Thanks Bernie, I was looking to get 3 builders and go down the middle. I am also not goingto tell them the situation in terms of the dispute. I apprciate your responses and left you Reputation with regards to it

Bernie thanks once again for your response. His offer was basically to put a plaster board over the 1mx1m whole in the ceiling and plaster it and put ina velux window and flash the lead. Nothing else was offered.. I have no real issue with him repairing things, just that to make sure if anything else has been affected that this is also rectified. I did send a letter back to him stating basically that I would accept full and final settlement of repairs to be made based on that of a surveyor or builder, I think this is both lawfully and morally right. I also do not see this as me seeking some betterment to the situation at hand. He did not respond to this offer, infact he has totally ignored me. This has been going on some five years now. I am more so seeking now, do I get a builder in to assess the damage or a surveyor? Then upon their report, I shall submit this to him for his perusal and a response. Only after this point will I feel the need to advise my sister to actually go down the MCOL route. I think she has been somewhat reasonable thus far and she is more than happy enough to give him a chance to right stuff. She just needs to know the right way to go about it. You allude that a builder's assessment would be sufficient? Would this be sufficient in court too if he fails to respond?

Cheers Bernie. How do I ascertain if there is damage not visible to the naked eye? The issue is if we take full and final settlement then my sister has no recourse for any issues maybe discovered at a later date.

Anyone?

Situation is this. 5 Years agoa company installed double glazing at my sisters. The company is small and run locally. She has been complaining to the companies owner on and off for 4 years that there is a leak and it is coming from the window. They removed the lead flashing and drilled some holes to alleviate the leak so the water can run down the roof. It appears now he installed the wrong type of window for the roof in my sisters bedroom and should have installed a velux type window and not a normal type. The roof in my sisters living room has come through and the laminate flooring in her bedroom is all warped. Now originally she thought it was the roof and got the building's management company roofer out and he said it is the window at fault. She has spoken to the owner who has replied to her letter saying he will replace the window with a velux window and also plaster and fix the ceiling. The issue we have with this is that her laminate in her bedroom is warped and it will all need replacing and also for this water to be going down through the floor each time it has rained what other damage has their been to her house? Between the floorboards/joists etc not to just her living room ceiling. She wants this to be rectified but he seems to think sorting the ceiling and its all done. He has offered this at no extra cost, window install, lead flashing, ceiling. But any painting etc and decoration to put back as it was he hasnt. I sent him a letter on her behalf stating that his offer was not acceptable and I wanted the following: The house to be assessed by a independent surveyor at his cost that we approve of to ascertain the total damage. Then to pay local builders that are independent of his firm to rectify the issues as stated by the surveyor and make good what is wrong otherwise we will have no option to but to take this further. He was sent this mid november but has not replied to this letter. Where do we go next? Do we ? 1. Get a building surveyor round to assess damage and cause and a estimate to rectify or do we get a builder? 2. Submit a small claims court claim against him/company for costs of surveyor, court costs and damages to house. Also looking to see if there is anything to claim for the hassle he has put her through 3. Wait and see what he says before court or take it all the way. He has in essence admitted his responsiility by offering to rectify the issue also offers a 6 year guarantee although his website says 10 years He is a member of FENSA too. One other thing that concerns me is on his company headed paper or his website or any 'official' correspondance he does not list his LTD company details and the name of his company bears no relevance to his LTD company name which I know is not illegal. He lists himself on all corres as a proprietor. I have found him on companies house after a long time searching. If I was to bring the case I assume I would do against the LTD company but could I bring it against him as the proprietor as well? His companiy accounts, have amended any private data: DIRECTORS *********** ************ Appointment Date: 12 Nov 2003 Date of Birth: ********************** Appointment Type: Current Director Occupation/Function: Address: ************************************* Current Appointments: 1 Select ****** ******** Appointment Date: 12 Nov 2003 Date of Birth: ****************** Appointment Type: Current Director Occupation/Function: Address: *************************** Current Appointments: 2 Credit Limit: £0 Current Score: 77 Risk Assessment: Credit Rating is Suspended This Company appears financially valueless. Date of Accounts 30 Nov 2007 30 Nov 2008 30 Nov 2009 Consolidated No No No Subsidiary No No No No of Weeks 52 52 52 Currency GBP GBP GBP Tangible Fixed Assets 0 0 0 Intangible Fixed Assets 0 0 0 Total Fixed Assets 0 0 0 Stocks 195,000 203,000 203,000 Trade Debtors 1,000 0 0 Cash 14,000 2,000 2,000 Misc Current Assets 0 0 0 Total Current Assets 210,000 205,000 205,000 Total Current Liabilities 212,000 208,000 208,000 Total Assets minus Current Liabilities -2,000 -3,000 -3,000 Total Long Term Liabilities 0 0 0 Total Liabilities 212,000 208,000 208,000 Net Assets -2,000 -3,000 -3,000 Share Capital and Reserves 0 0 0 Profit and Loss Account Reserves -2,000 -3,000 -3,000 Revaluation Reserve 0 0 0

Just to update you all briefly there was a cleared amount of £6800 in my account toay which I agreed to which was CHAPS transferred by her solicitors. Very protracted but will fill in the gaps soon, just wanted to share the news

. . .

PM Full, mails emailed to you sir

They are alluding to the fact that I said what are the cost of damages you believe I incurred then? If you believe that I damaged anything I want 3 reputable companies to state what the disrepair is and if you can provide them then I will pay for it. This was in the knowledge that 3 reputable companies would not be able to find any damage and that I was led to believe I had to pay for anything found as I was no longer a tenant

I have emails pertaining to my stuff being in there and to dispose of as I could not bring them to where I now live. I have an email stating I surrender the keys under duress

Well I spoke to their solicitor today as he gave me a call. I was sent the following. [b][u]WITHOUT PREJUDICE SAVE AS TO COSTS[/u][/b] Dear Sir [b]Claim No. [/b] We refer to our telephone conversation of today’s date. We have made further enquiries of our client and it would appear that from the email that you sent to our client and from our client’s inspection of the property you had voluntarily vacated the premises. Our client will state that she had arranged with you a date and time to inspect the premises as per clause 2.10 of the tenancy. Being the 28th November 2009 Upon arrival she was informed by the building concierge that you had vacated the flat. When she went to the flat and knocked on the door, the door was not secured and swung open. She was then able to enter the flat and could see the dilapidated state of the flat which went far beyond fair wear and tear. The premises appeared abandoned. There were not clothes or other personal chattels left in the flat that indicated that the premises remained occupied . Our client formed the view from the overall condition of the property and lack of personal items that the flat had been vacated. The rent for the month of November 2009 was unpaid. Following our client’s mail to you of the 30th November giving notice that she considered that you had abandoned the property that rent was owed and that she would seek recovery of the costs of the remedial works required you replied later on the 30th November 2009. It is accepted that you denied the extent of the remedial works but stated that subject to the provision of 3 quotes for the works required you would discharge an agreed amount. More importantly you accepted that the property had been vacated as you confirmed that you would return the keys of the flat. You did not state that you remained in occupation and had not vacated. You did not contest the notice of termination of our client. Further subsequent email exchanges from November 2009 to January 2010 clearly demonstrate that you did not request or require to be allowed to reoccupy. This further email correspondence also contains the proposals that both sides would bear their costs and losses and our client would not pursue her claim for the remedial costs nor the 3 months rent still owing under the tenancy agreement. In respect of your claim under Section 27 Housing Act 1988 we would direct you to Subsections 7 & 8 but in particular 8. We are confident that our client’s evidence (including contemporaneous photographs) and counterclaim will demonstrate her reasonable cause to believe that you had ceased to reside in the flat. As you now appear to have withdrawn from the proposals to settle our client will bring the counterclaim for unpaid rent remedial damages interest and costs. As previously advised our client;s counterclaim for unpaid rent will equal that of your claim for the failure to protect the deposit. As stated above we believe our client’s defence to your claim for illegal eviction will fail as our client will demonstrate a reasonable belief that you had vacated and therefore our client’s counterclaim for the remedial works will succeed and as a consequence you will be indebted to our client for at approximately £3,000.00 details of which have already been provided to you by our client. As previously advised on the basis of your dubious financial circumstances and that you have informed us that what funds you have are not within the jurisdiction of England & Wales we will seek an order for security for costs before you are permitted to continue this claim. However our client is aware of the economics of this matter continuing and on the basis of commercial reality repeats her offer to settle but will increase the said sum to [b]£1,500.00.[/b] We also warn that we reserve the right to address the Court on reasonableness of continuing the action following the making of this offer if and when the issue of costs arises to be decided. Please let us know by return as to whether or not this offer will now be accepted Any questions please call on the direct dial listed above to discuss. Yours faithfully Now 3 points to this. 1. I sent her an email stating that I am handing the keys back under duress 2. I was not aware that I could reoccupy and thought the fact she terminated it that was all in accordance with any statute etc. 3. No door was ever left open so my word versus hers Now I have taken legal advice and amquestioning this going forward. Not sure if the lawyer concerned would want my posting up his advice happy to take down if so. [i]Mr , I have had a brief look at the various papers. You seem to have a claim for three times the deposit which the other side appear to admit. You may also have a claim for unlawful eviction. However, the landlord is asserting that she had reasonable cause to believe you had abandoned the property. If you advised her that you had not abandoned the property then she should have allowed you back into possession at your request. I am guessing she failed to do so and that you then surrendered the keys to her. She apears to have some form of counterclaim for arrears of rent and for damage to the property although I understand that you dispute the level of the claim. Taking this forward will involve lengthy litigation and this will put you in the way of significant legal costs. If we accept the case on a conditional fee basis then this will not prevent you being liable for the costs incurred by the other side if they win. In this context winning will mean them doing better than the offer that they have made you. If it is true that they can offset all of your deposit claim with rent arrears and other damages then I would not be confident of obtaining more than they have offered you in Court. I am not saying that you definitely will not obtain more than that sum but it may prove hard to do so, particularly if their assertions as to the condition of the property and the door being unsecured are borne out in Court. Therefore my advice would be to consider the offer made seriously. In the circumstances it is not a wholly unreasonable offer given the relatively small sums of money usually awarded in unlawful eviction cases.[/i] Now with this in mind all I ever wanted is to be back in London and in a flat there. I am currently working a 3 month contract where I am and living at my folks so bearing no cost. I am thinking of asking them for £2k as full and final settlement as this would put me back where I was and will be enough for a deopist and months rent for when I finish this contract. Thoughts all? Would they go for the 2k? Shall I persevere?

I haven't sent anything back as yet. I called a solictiors on Friday and was asked to call at 9am tomorrow morning. Painsmith do not do No Win No Fee, my google seach terms related to a discussion article they had blogged about and not their payment options. On another note I have found a email to me from her stating that I have to pay interest on a late rent payment from last July at a rate of 5%. upon searching google I notice too that this is against the OFT guidlines as this should be at the Bank of Englands base rate, which further reasearching showed it was a 0.5%. I paid the said interest too.

How stupid then surely? I ambound to get more than that in one way or another? So if I gain a judgement they will have to pay their own costs? surely this is a bit of an own goal?

I am aware of what "Without Predujice" means but was unaware of what "Without Predujice saveas to costs mean" I found this......... An offer which is “without prejudice save as to costs” cannot be shown to the judge before he pronounces judgment, but once judgment has been given, the “without prejudice save as to costs” offers, which are normally made following the procedure in Part 36 of the Civil Procedure Rules, are shown to the judge and can be taken into account by the judge in deciding whether to order one party to pay the other’s costs in Fast Track and Multi-Track cases. Normally in such cases the party which loses will the ordered to pay all or most of the costs of the party which wins. However, if, for example, the claimant is claiming £200,000 and fairly early on in the proceedings, the defendant offers to settle for £150,000 but the claimant rejects this offer, and if, at trial, the claimant only obtains judgment for £140,000, the claimant may be ordered to pay most of the legal costs which the defendant has incurred after the date that the claimant rejected the £150,000 offer. This is because, although the claimant company has won, it has recovered less than it was offered and so the costs incurred after the rejection of the offer are seen, with hindsight, as being unnecessarily incurred. Does this mean in theory, that if I am awarded less then the £1200 they offered me then I quite possibly will have to pay their costs? Just wondering what their thought process is in using this in the letter sent to me.

Just checked and as long as the recipient has HTML enabled mail ( which the majority do) it will work. Blackberrys can view HTML mail so is dependant on the device