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How to make claim against person who damaged my property…

Customer Question
How to make claim against...
How to make claim against person who damaged my property while renting it via AirBnb?Is there a time limit to make claim?Basically this guy used it to hold New Years party but pretending to use it for just him and his girlfriend.I got a small compensation from AirBnb but that doesn’t cover the renovation and delay of next tenancy moving into property as a result of it.
Submitted: 1 month ago.Category: UK Law
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Customer reply replied 1 month ago
This is for property in SE London, UK
Answered in 2 hours by:
1/8/2018
Solicitor: F E Smith, Solicitor replied 1 month ago
F E Smith
F E Smith, Solicitor
Category: UK Law
Satisfied Customers: 10,131
Experience: 30 years in General Practice
Verified

Hello what was the damage and are you able to contact him?

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Customer reply replied 1 month ago
Curtains were ripped, yes I have his drivers license. Carpets were both heavily soiled and even loosened when I found out he had literally the entire Peckham around 100 people even stayed overnight after new year party when only two or three people were allowed to stay overnight. Walls were stained with red wine. Drugs canister laughing gas found, and because of his 1 night stay, damaged and delayed move in date of my assurance tenants and resulted in me payment for their hotels while waiting for damages to be repaired.
Customer reply replied 1 month ago
Beds spring box collapsed, chairs broken
Solicitor: F E Smith, Solicitor replied 1 month ago

Thank you. Assuming that you have an address for this person, then you are entitled to be put back into the position but you would have been had this person not rented the property. You may have received a small amount of compensation from AirBnB, but as you say, that doesn’t cover the cost of putting everything right.

Your claim is in negligence and the time limit under the Limitation Act 1980 is 6 years from when the damage occurs.

You are under a duty to mitigate your loss which would include you doing the work and then suing him for the cost. You mitigate your loss by doing the work as soon as possible to allow your new tenant to come in. You may be able to get away with about two weeks loss of income from the property.

It is unlikely that you would recover the cost of your new tenant staying in hotels although you can add it to the claim and see whether the court agrees.

You can easily issue Small Claims Court proceedings here www.moneyclaim.gov.uk

as AirBnB have paid a small amount of compensation, I get the impression that this wasn’t recently.

. Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

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Customer reply replied 1 month ago
What is “but you would have been had this person not rented the property.”
Solicitor: F E Smith, Solicitor replied 1 month ago

I apologise for the typo. “You are entitled to be put back into the position that you would have been had this person not rented the property”

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Customer reply replied 1 month ago
I know likely he will deny this because after he destroyed my property he tried to cancel his stay in Airbnb so that it looked as though this event hadn’t taken place. But everything should be recorded right? Since payment was made
Solicitor: F E Smith, Solicitor replied 1 month ago

Yes, he booked the stay, he presumably paid and didn’t cancel it even though he tried and in any event, you have the condition of the property as proof and presumably you could get a neighbour to testify that the event happened.

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