Site

Law Courses

LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

bharat khatwani 16 September 2024

What if...........................................

What if the legal notice does not specify that non-compliance may lead to legal action? What if the person sending the legal notice takes no action after receiving compliance to their legal notice?

Does this imply that the demands or claims made in the legal notice lacked legal foundation, and that the legal notice was intended to pressure or harass the recipient into complying with inflated demands without any genuine legal follow-up?Can I file for harrassment?

Learning

2 Replies

The Perfect Solutions (Advocate) 30 September 2024

Please provide the facts of the case.

bharat khatwani 30 September 2024

Originally posted by : Uday
	Please provide the facts of the case.

Background: On behalf of my tenant, Mr. *******, Advocate ******* issued a legal notice dated September 25, 2023, demanding an amount equivalent to 150 years of rent for alleged repairs. Astonishingly, this claim includes 120 years of rent based on an alleged 24-year-old oral agreement that was never mentioned for the 24 years prior to legal notice. Even more concerning, this significant demand was not mentioned in two previous letters sent by the tenant, further raising doubts about the legitimacy and timing of this sudden claim. The remaining portion of the claim is similarly unsubstantiated, lacking before-and-after photographs, receipts, or records. Moreover, it is important to highlight that the work was carried out without my knowledge or consent. None of the claims are backed by legal mandate (please see the enclosed documents). Moreover, the notice fails to include the usual warning about legal action if the landlord does not comply within a specific timeframe. The reason for this deliberate omission seems to be an attempt to cover up glaring flaws in the notice — an outrageous demand and a false claim of regular rent payments — reflecting an awareness of the notice's weak legal validity. In what seems like a compensatory move, rent payments were suddenly halted, followed by demands for major repairs under the veiled threat of a potential fatal accident, all aimed at creating pressure to pay outrageous amount . Advocate ***** has acted improperly by issuing a notice based on this unsupported oral agreement and advancing other vague, misleading, and exaggerated claims. Instead of advising against including these legally unenforceable and baseless demands, advocate*** has breached his professional obligations and acted unethically by including them in the legal notice. Furthermore, Advocate ***** failed to verify the legal validity of his client’s claims regarding the renovation costs, as well as other demands, and did not provide supporting evidence such as bank receipts,vouchers or before-and-after photographs. This lack of due diligence before issuing the notice reflects a serious breach of professional responsibility. The exaggerated and unsupported nature of the claims in the legal notice undermines the dignity and integrity of the legal profession. This conduct encourages unnecessary litigation and erodes public trust in the legal system. Despite my response pointing out the baseless nature of these claims, Advocate ***** failed to advise his client to start paying rent or clear arrears. This ongoing refusal to take corrective steps further violates ethical standards.

Recent Topics

Stay updated with latest Posts!