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Experience of taking a tenant to court

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Comments

  • E_Razor wrote: »
    Thanks for the advice.

    They have a guarantor, with an attatched address. I must express my surprise at how difficult it is to get payment in such a clear cut case!

    The rental market currently favours the landlord. We did not realise this until after 1/9 (when their contract ended).

    Have you demanded payment from the guarantor?

    Before you initiate "Court Action" it would help us to know what action you are intending to take. Also, to know whether or not the tenants are in arrears, as defined in the Housing Act. We can be more specific with our advice if we know "the full picture".

    Night, night :)
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
  • E_Razor
    E_Razor Posts: 13 Forumite
    We are currently in the first stages of taking two of our ex-tenants (sharers in the same house) to court over massive rent arrears. There was a third, but they have settled and paid up what they owed after the threat of court and several opportunities to pay.

    The other two have had several letters with ample offers to discuss their position, and we have heard from one with a strong offer to pay (yeah right..:rolleyes: )

    They have until the 16th before we send them the 'letter before action'

    All three left the property last month, so at least we don't have evictions to deal with.

    I'll let you know how we get on.

    The LA was very slack in their dealings with these people, and we have made quite a few mistakes ourselves, but learnt a few valuable lessons. Several people have told us that in the long run, it isn't worth persuing this, but it is a fair amount of money apart from the principles involved.

    It really galls me that these b0ggers can just pay rent when they feel like it, then go swanning off fairly safe in the knowledge that at the end of the day, you haven't got a chance of getting what is owed, even via the court which lets face it, is fairly toothless when it comes to small claims. All the defendant has to do is offer to pay a derisory sum every month i.e. a fiver, and the court will accept this. In fact, we were threatened with this by the 3rd tenants guarantor if we didn't settle on their terms. Nice, ay?

    This is my fear also. I guess it is important to select your tenants wisely. When we rented it out just over a year ago, conditions were difficult, however now such a mistake should not happen.

    Roshan
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