Former Tenant Obtained Credit In My Late Mothers Name

Jowo_2

Do you have a signed inventory or not? How long was the tenant in the property for?

If you do not have a comprehensive signed inventory/schedule of condition at the outset of the tenancy then if you are challenged in court or via the DPS dispute service for any subsequent deductions, they will invariably find in favour of the tenant. This is because this is a key document to prove the condition of the property and provide evidence that all subsequent deterioration was caused by the tenant. Therefore, whether or not she deserves her bond back is different from whether she is entitled to it. If you do not have an inventory, you can expect to be made to pay back that deposit in full unless they allow you to retain it for the arrears.

The gas/electricity bills are between the person named on the account and the service provider and are nothing for the landlord to worry about. Energy providers have their own arrears/fraud departments. Once you have contacted the energy dept with the info you have about the suspected fraud, such as providing them with proof that she still lived at the property in that period or have advised the police of this matter, let this go. Unpaid bills are irrelevant to the landlord.

maximumme

Yes, I have a full comprehensive signed inventory/schedule of condition, as well as photographs of every room, and the outside of the house/garden after the refurb. I also have the receipts for the total cost of the refurb. She was in 17 months.

Jowo_2

maximumme wrote: »

Yes, I have a full comprehensive signed inventory/schedule of condition, as well as photographs of every room and the outside of the house/garden after the refurb.

Then you should be in a good position to take her to the small claims court for the damage, or if she is taking you to court, to counter sue. This can be done through the Moneyclaim online site (HM Court service). Realistically, you are unlikely to see the money again - you may get a court judgement but its hard to enforce it when the defendent has no income. At most, you can perhaps get satisfaction from getting a CCJ against her name that will flag her up as a credit risk to future landlords, though I expect she's probably already got them...

Landlordzone rental forum has more experienced landlords who have done this, plus housing solicitors as members.

Remember that landlords cannot claim for betterment - new costs for old and have to take into account the age and original condition of anything claimed for, plus fair wear and tear. This isn't to dismiss the actual costs you are experiencing but its not as simple as just totting up the new redecoration costs plus repairs. You should get advice on how much to charge her and how to collate the evidence to support your claim.