Tenants done a runner, small claims worth it?

Showboat

Hi all.
My tenants have left the property 2 months before the agreement was due to end. They have also left the place in a complete mess.

One of them stupidly left a payslip with his home (parents) address on it, i cannot locate the other.

How do i go about tracking the other one down? I only have his name and Driving license number.

Is it worthwhile using the small claims court against one or both (if i can track him) to reclaim two months lost rent and cleaning / damage. I am unlikely to get it re-let prior to the end of their tenancy, although i am trying my best.
I reckon it would total close to £1200.

I have been a landlord for about 8 years now and this is the first time i have ever experienced anything like this, suppose i was getting lax on my screening process for tenants......


Anyone with experience of this kind of thing and able to offer advise on how to proceed would be greatly appreciated.

sooz

Were both tenants on the same AST? If so, you can chase one for the outstanding rent & repairs for damages.
Did you have a deposit? And did you protect it & give the prescribed info within the correct timeframe? Did you have a full inventory, which was signed by the tenants?

Get quotes for the repairs & cleaning. Send them to the parent's address recorded delivery.

lizzielondon

how do you know that they have definitly left?

Cannon_Fodder

Ummm.....what are you doing entering the property without their permission ?

Was there an emergency ?

They might be mid-move to somewhere else, or stuck abroad due to the volcano or something, and coming back to tidy up before the end of the term.

Once the term is up, fine, throw the book at them, but the place is theirs until the end of the agreement.

lizzielondon

how do you know they've 'done a runner'. you may have entered the property illegally if you haven't got confirmation of this

Showboat

There was only one AST, both were named on it and both signed, can i hold one of them liable for the entire amount?
I did not protect the deposit in a scheme, i know there is a risk i could be hit by the x3 charge for not protecting it, as i say i have been getting lax. I will be looking to do it this year and pass the fee onto the new tenants via an admin charge.
If it had been in a deposit scheme, would i not have been able to withdraw it by now as they have done a runner, my thinking is they would not be able to counter claim against me as the deposit would have been closed after they did a runner.

I did not recieve any rent this month, phone calls to both mobiles were not answered, text messages ignored, eventually went to property and it is empty, all their stuff removed.

lizzielondon

re deposit: they absolutely will be able to counter claim against you because you have broken the law

re rent: you cannot start eviction proceedings until 2 payments periods of rent have been missed - they missed one so you illegally enter their home???

how late was the rent? you seem to say you have made lots of phone calls and sent lots of texts- could be deemed harrasment

'as i say i have been getting lax'

unbelieveable

Leory

in effect what they have done is not pay rent!
you then entered the property illegally.

what timescales are there in this. rent due date to you entering property?

a lot of this asked above actually!

lizzielondon

Showboat wrote: »

There was only one AST, both were named on it and both signed, can i hold one of them liable for the entire amount?
I did not protect the deposit in a scheme, i know there is a risk i could be hit by the x3 charge for not protecting it, as i say i have been getting lax. I will be looking to do it this year and pass the fee onto the new tenants via an admin charge.
If it had been in a deposit scheme, would i not have been able to withdraw it by now as they have done a runner, my thinking is they would not be able to counter claim against me as the deposit would have been closed after they did a runner.

I did not recieve any rent this month, phone calls to both mobiles were not answered, text messages ignored, eventually went to property and it is empty, all their stuff removed.

is this a joke??

how can you be a landlord and not understand basic landlord tenant law??

Cannon_Fodder

Maybe they've changed mobile contracts. You should be writing to them, not just turning up.

Maybe they are having a month in Australia before starting new jobs/life in another part of UK/World, and their bank screwed up a direct debit.

You have NO right to enter the property. You have to follow correct procedure if you want to be a professional landlord.

I'd say if you haven't protected the deposit, you will end up with £0 after a tit-for-tat claim where;

- you say, you want 2 months rent and a chunk for cleaning/damage.

- they say, fine, but we want 3 months for failure to secure deposit.

- The court says, "call it quits".


Maybe they have done a runner, but until the agreements ends, or the second month of rent is missed, that is not proven.

Is there piles of post? If not, they may have redirected, so write to THEIR address that you DO have - the rental.

Cannon_Fodder

lizzielondon wrote: »

is this a joke??

how can you be a landlord and not understand basic landlord tenant law??

To be fair, my National, "highly respected", top-end, "running chunks of the MODs estate", Letting Agents, don't know the basics...