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Benali claim against the club..an insight??


patred44

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Good to have it in one place, and possibly a little more detail than elsewhere, but I'm pretty sure this was already in the public domain.

 

Cortese's dig at Benali's court action against the club recently was utterly transparent and ill-advised, given that it made people who weren't already interested seek out information on what was going on, and the reality of it can only reflect poorly on him personally for sounding like he trashed the place, whether that was the case or not.

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Well now we know the details of the claims from Fancis Benali.

 

As the club state they are rigorously contesting these claims we now need to see their side of the story.

 

It is claimed that uncleaned windows, a dirty swimming pool, garden not maintained and damage to a hob needed £33,000+ to make right - that's a lot of money......

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More specifically :

 

"It is claimed that damage was also caused to the kitchen hob, that the club neglected to have the windows cleaned, that they had failed to pay the TV licence fee and charges for Sky television for the month of June 2010, that the swimming pool was not cleaned as agreed and that the garden was not kept up to condition.

 

The claim says that the cost of making good dilapidations to the house came to £33,346, while the cost of making good damage to personal property (“chattels”) was £3,163.98"

 

It's an interesting estimate, that's for sure.

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"Mr Benali alleges... the property was not kept up to standard, requiring repairs running into tens of thousands of pounds."

 

But specifically mentions uncleaned window, dirty swimming pool, unkempt garden and damaged hob - if that's the main basis of the claim then tens of thousands of pounds to put it rght sounds extreme.

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by "defending rigorously in the best interests of the club and its reputation.” do the club mean it's usual tactic of not turning up in court and making a last minute settlement i wonder......

 

No need to wonder, Cortese's already clearly adopted that throughout, by twice making agreements regarding Ambassador fees and then reneging on them. Allegedly.

Edited by The9
Allegedly.
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But specifically mentions uncleaned window, dirty swimming pool, unkempt garden and damaged hob - if that's the main basis of the claim then tens of thousands of pounds to put it rght sounds extreme.

 

I'm sure people tending to damage at million pound mansions are more than keen to ramp up their prices - but overall, yes it sounds rather high. Then again I wouldn't be surprised if Benali is trying to get all he can back via whatever means necessary for the thousands he's also alleging they didn't pay him for the various other things listed.

Edited by The9
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If the £33k included missed rent payments (£6k a month) then I could probably understand, but that for Garden maintenance, pool cleaning, window cleaning and a new cooker? Really?

 

Just confirming what many have suspected, the entire squable is utterly daft.

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by "defending rigorously in the best interests of the club and its reputation.” do the club mean it's usual tactic of not turning up in court and making a last minute settlement i wonder......

 

Nail and head.

 

Apparently these have been delivered to SMS today as Cortese is looking to settle out of court.

 

reelmower.jpg

 

12-window-squeegee-and-sponge-with-23-handle.jpg

 

MSR-Micro-Rocket-Camp-Stove-case-en.jpg

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More specifically :

 

"It is claimed that damage was also caused to the kitchen hob, that the club neglected to have the windows cleaned, that they had failed to pay the TV licence fee and charges for Sky television for the month of June 2010, that the swimming pool was not cleaned as agreed and that the garden was not kept up to condition.

 

The claim says that the cost of making good dilapidations to the house came to £33,346, while the cost of making good damage to personal property (“chattels”) was £3,163.98"

 

It's an interesting estimate, that's for sure.

 

Dilapidations to the house....! To a certain extent, Benali needs to realise that this happens and you have to redecorate when changing tenants. That is part of the deal really (within bounds). What is certain though is how naive he was to rent it out to someone he didn't know with out any paperwork, while relying on his relationship with the club to make everything smooth and easy.

 

He should have rented it through an estate agent, paid their fees, and let them sort things out, not least because everything would have been written down in a contract. That way, when his expectations and Cortese's differ, they don't end up in this ridiculous situation.

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Nice to see the Echo are trying to hype it up as much as possible:

 

2339788.jpg

 

I mean seriously - just leave them to it. Disputes happen all the time, the fact it has to go to court is a pretty sad (although the law doesn't help) and without knowing more (which I don't really want to), making any judgement on who is 'right' or 'wrong' is pointless and impossible.

 

Anyway, I've got my own £1.85m house to look after... *cough*

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Dilapidations to the house....! To a certain extent, Benali needs to realise that this happens and you have to redecorate when changing tenants. That is part of the deal really (within bounds). What is certain though is how naive he was to rent it out to someone he didn't know with out any paperwork, while relying on his relationship with the club to make everything smooth and easy.

 

He should have rented it through an estate agent, paid their fees, and let them sort things out, not least because everything would have been written down in a contract. That way, when his expectations and Cortese's differ, they don't end up in this ridiculous situation.

 

They appear to have started out with a verbal agreement, then once "the club" (ie Cortese) didn't pay his ambassadorial fees he realised he needed something tangible so they drew up a written agreement. The key being Benali has said he would get a minimum of £1k a month from that whether he was required or not and also that the club actually prevented him fulfilling them (which is irrelevant anyway if he had a fixed guaranteed payment even if he didn't do anything).

 

"In January 2010, it is said that a new agreement was reached, in writing, where Saints would pay £5,000 per month in rent, freeing Mr Cortese from his personal obligation of £1,000.

 

Mr Benali alleges that, in June 2010, the club was again in breach of the lease, paying only £1,000."

 

From what little legalese I know, I'd be inclined to think Franny knows he's got little chance of getting the money back from the verbal agreement, and only a half-reasonable chance of getting anything from the subsequent written deal, so he has trumped up the reparations costs in order to recoup what he feels he's owed.

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"Mr Benali alleges... the property was not kept up to standard, requiring repairs running into tens of thousands of pounds."

 

Twice I've had to let out my home as I'd been posted abroad for 12 months or more and I can promise you that coming back to an overgrown lawn and dirty windows is the least of your problems.

 

Renters don't look after properties like they are their own (why would they?). But the least you can expect is 12 months of no maintenance. If that's it then Benali doesn't know he's born.

 

If you don't want other people to treat your house like a hotel room then don't rent it out

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A bit of a damp squid, though, isn't it? Was expecting wrecking balls and battered settees on the manor's lawn.

 

Squib. As in a small explosive. A damp squib is an explosive that doesn't ignite. A damp squid is one that's been out of the sea for a few hours, equally useless but not potentially as damaging, you'd think.

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No need to wonder, Cortese's already clearly adopted that throughout, by twice making agreements regarding Ambassador fees and then reneging on them. Allegedly.

 

Nobody would carry on employing someone in a 'good boy' job whilst being sued by them.

 

FB by taking the action has effectively written a resignation letter and he's very naive to think it would have been otherwise

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Twice I've had to let out my home as I'd been posted abroad for 12 months or more and I can promise you that coming back to an overgrown lawn and dirty windows is the least of your problems.

 

Renters don't look after properties like they are their own (why would they?). But the least you can expect is 12 months of no maintenance. If that's it then Benali doesn't know he's born.

 

If you don't want other people to treat your house like a hotel room then don't rent it out

 

I think it plays into the mentality Benali's tapping into a bit to say the costs are higher because the property is worth more, but I suppose you can't underestimate the risk factor being higher if the value of the home is greater - this is assuming your place wasn't worth £1.7m of course ?

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Twice I've had to let out my home as I'd been posted abroad for 12 months or more and I can promise you that coming back to an overgrown lawn and dirty windows is the least of your problems.

 

Renters don't look after properties like they are their own (why would they?). But the least you can expect is 12 months of no maintenance. If that's it then Benali doesn't know he's born.

 

If you don't want other people to treat your house like a hotel room then don't rent it out

 

I rented mine out and every time the tennents changed you could guarantee there would be a large bill for redecoration and repair of the kitchen because as Winchester states renters do not look after other peoples property. How often have you rented a hire car got it on the motorway and thrashed it ?

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Sounds to me like Benali has been ill-advised and surely if you have a house like that and want to keep the garden and pool in good fettle you supply the people to do it and tack the cost onto the rent. Also i'd love to see the damage to the hob that makes it all in £33k.

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Nobody would carry on employing someone in a 'good boy' job whilst being sued by them.

 

FB by taking the action has effectively written a resignation letter and he's very naive to think it would have been otherwise

 

He clearly WASN'T already suing them when he sat down with Cortese to get the agreement on paper after the first missed payments, or you have to assume Cortese wouldn't have agreed to do so, based on his actions in pretty much all other situations.

 

It seems pretty clear to me that he can't have sued until after the property had been vacated, otherwise how would he know what damage there was and how much it cost - so he hadn't sued, he hadn't resigned, "the club" just unilaterally didn't pay him money that was due to him, initially as it was only a verbal agreement, and then again from June 2010 onwards when they already had a written deal.

 

"It was leased by the club from October 2009 until July 2010" is clearly stated. There was no suing at that point and therefore no "resignation", real or otherwise.

 

Anyone know when Benali actually brought the claim ?

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They appear to have started out with a verbal agreement, then once "the club" (ie Cortese) didn't pay his ambassadorial fees he realised he needed something tangible so they drew up a written agreement. The key being Benali has said he would get a minimum of £1k a month from that whether he was required or not and also that the club actually prevented him fulfilling them (which is irrelevant anyway if he had a fixed guaranteed payment even if he didn't do anything).

 

"In January 2010, it is said that a new agreement was reached, in writing, where Saints would pay £5,000 per month in rent, freeing Mr Cortese from his personal obligation of £1,000.

 

Mr Benali alleges that, in June 2010, the club was again in breach of the lease, paying only £1,000."

 

From what little legalese I know, I'd be inclined to think Franny knows he's got little chance of getting the money back from the verbal agreement, and only a half-reasonable chance of getting anything from the subsequent written deal, so he has trumped up the reparations costs in order to recoup what he feels he's owed.

 

Trumped up is right. I have to say that I dont care either way. It is a dispute between two people who clearly have more money than sense. Shame about Benali though. I loved him as aplayer - despite his obvious limitations he always appeared totally committed. Sadly he comes out of this as a total arse.

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Local newspapers use same stories unshocker. Both of them are by Gordon Simpson, who works for the Echo. Just because the Basingstoke Gazette got it uploaded slightly quicker doesn't mean it's not the Echo that originated it... especially when much of the information is months old anyway.

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Trumped up is right. I have to say that I dont care either way. It is a dispute between two people who clearly have more money than sense. Shame about Benali though. I loved him as aplayer - despite his obvious limitations he always appeared totally committed. Sadly he comes out of this as a total arse.

 

Cortese meanwhile, as a hob-damager who (allegedly) reneges on verbal agreements and doesn't pay contractually agreed fees, looks good ?

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I rented mine out and every time the tennents changed you could guarantee there would be a large bill for redecoration and repair of the kitchen because as Winchester states renters do not look after other peoples property. How often have you rented a hire car got it on the motorway and thrashed it ?

 

I always look after places I rent. In fact they're usually in a better state than when I moved in. I also get to know my landlord and make sure I work with them - if I look after the place and am a good tenant, they're less likely to put the rent up and are happy for me to stay as long as I want. Everyone wins. Amazed how many people don't realise this, on both sides of the coin. I treat other people's property as I would expect someone to treat my own... i agree that, sadly, most people don't, and that many landlords almost *expect* trouble, which caused them to care less about good tenants when they get them, but I try to avoid places where I can't actually meet or talk to the landlord and make my mind up about them. Quite sad really that the concept of personal responsibility and respect are so alien to so many these days.

 

That said, there is always a contract in place... not to have one would be a bit silly IMO, especially when the place is worth £1.85m!

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Local newspapers use same stories unshocker. Both of them are by Gordon Simpson, who works for the Echo. Just because the Basingstoke Gazette got it uploaded slightly quicker doesn't mean it's not the Echo that originated it... especially when much of the information is months old anyway.

 

 

Interestingly the Basingstoke article has now been removed......

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Interestingly the Basingstoke article has now been removed......

 

The papers use the same website engine - maybe Gordon selected Basingstoke rather than Daily Echo from the 'Which newspaper are you uploading this to?' dropdown box when uploading the story...? :D

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I always look after places I rent. In fact they're usually in a better state than when I moved in. I also get to know my landlord and make sure I work with them - if I look after the place and am a good tenant, they're less likely to put the rent up and are happy for me to stay as long as I want. Everyone wins. Amazed how many people don't realise this, on both sides of the coin. I treat other people's property as I would expect someone to treat my own... i agree that, sadly, most people don't, and that many landlords almost *expect* trouble, which caused them to care less about good tenants when they get them, but I try to avoid places where I can't actually meet or talk to the landlord and make my mind up about them. Quite sad really that the concept of personal responsibility and respect are so alien to so many these days.

 

That said, there is always a contract in place... not to have one would be a bit silly IMO, especially when the place is worth £1.85m!

 

Wow. Can I have your number so if I get sent abroad again I can rent out to you!?

 

:D

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Wow. Can I have your number so if I get sent abroad again I can rent out to you!?

 

:D

Sorry, you're too late :lol: We're just about to move in to a new place... and the owner (parent of a friend of a friend, which helps) is so happy with us, she gave us the keys 4 weeks before our tenancy started and said we could move stuff in early if we wanted to. :)

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I always look after places I rent. In fact they're usually in a better state than when I moved in. I also get to know my landlord and make sure I work with them - if I look after the place and am a good tenant, they're less likely to put the rent up and are happy for me to stay as long as I want. Everyone wins. Amazed how many people don't realise this, on both sides of the coin. I treat other people's property as I would expect someone to treat my own... i agree that, sadly, most people don't, and that many landlords almost *expect* trouble, which caused them to care less about good tenants when they get them, but I try to avoid places where I can't actually meet or talk to the landlord and make my mind up about them. Quite sad really that the concept of personal responsibility and respect are so alien to so many these days.

 

That said, there is always a contract in place... not to have one would be a bit silly IMO, especially when the place is worth £1.85m!

 

You are a truly lovely man.

 

Why do I feel I should have posted that in orange ? :)

 

Honestly though, that's how I am as well. Or was, when I was renting.

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The papers use the same website engine - maybe Gordon selected Basingstoke rather than Daily Echo from the 'Which newspaper are you uploading this to?' dropdown box when uploading the story...? :D

 

Damn content management systems. Almost as bad as that gack Saints use for their cut and paste website.

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So what happened to the ITK posters who alleged he was structurally altering the building without permission but left before he had a chance to finish the work. Or did I imagine that?

 

Having said that it is comforting to see the majority of supporters coming to the conclusion that this is a non issue for us football fans. Sort of thing that happens all the time with rented accommodation and normally covered by a hefty up front deposit. Hopefully it will get sorted to Frannie's satisfaction and won't leave him out of pocket cos he really is a true gentleman and does not warrant a tarnished reputation.

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Twice I've had to let out my home as I'd been posted abroad for 12 months or more and I can promise you that coming back to an overgrown lawn and dirty windows is the least of your problems.

 

Renters don't look after properties like they are their own (why would they?). But the least you can expect is 12 months of no maintenance. If that's it then Benali doesn't know he's born.

 

If you don't want other people to treat your house like a hotel room then don't rent it out

 

 

Pretty much this, as far as I can tell thses are just cleaning/general maintenance issues, with maybe only a broken hob being an actual issue. Got off lightly from the times i have rented properties out and whilst at uni I've also had Landlords try it on with over the top claims after you have moved out. It's why the deposit protection scheme was introduced, to stop landlords just using up all your deposit money on trumped up cleaning costs.

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So what happened to the ITK posters who alleged he was structurally altering the building without permission but left before he had a chance to finish the work. Or did I imagine that?

 

Clearly a lack of imagination is what's missing here. Throwing a cooker at a supporting wall could easily lead to £30k worth of damage, especially if it bounced off some well-maintained trees and lawn on its way to landing in the swimming pool. Probably would grubby up the windows a bit too. :)

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Pretty much this, as far as I can tell thses are just cleaning/general maintenance issues, with maybe only a broken hob being an actual issue. Got off lightly from the times i have rented properties out and whilst at uni I've also had Landlords try it on with over the top claims after you have moved out. It's why the deposit protection scheme was introduced, to stop landlords just using up all your deposit money on trumped up cleaning costs.

 

And what a pain in the arse THAT is if you have a decent landlord. My last one came around, said "yep that's probably cleaner than when you got here" and would normally have just given us a cheque there and then, but instead we both had to create accounts online and bounce a load of messages back and forth for 3 weeks.

 

Also made me wonder why the Estate Agent had a document with 30 photos of pre-existing "damage" to the property taken. For a laugh I took my own photos on moving in, so they then had 80 pics of the state of the building on file in case they tried anything. We're talking minor scuffs to the skirting board and slight discolouration of the grouting here. :D

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The swimming pool water went green, so patently the entire pool had to be replaced. Ditto the windows which weren't cleaned and therefore also had to be replaced too and the chip to the hob required a top of the range new replacement. The overgrown garden needed to be replanted to plans drawn up by a RHS Gold Medal designer with plants supplied by Hilliers.

 

Hence the extremely reasonable cost of £36,000.

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Simple solution..

 

A football placed on the centre spot in SMS

 

Franny in on one penalty spot

 

Nicola, or better stll his 'football adviser' Les Reed on t'other penalty spot..

 

when whistle blows both go for it..last man standing is the winner

 

 

 

Reckon that would get a full house and pay for any legal damages, and of course medical expenses

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