correct wording for mcol to claim rent and damages?

moneyangel22

Hi,

I am starting a MCOL claim against tenants to claim rent owing and costs incurred to make repairs etc to the property on ending the tenancy.

I was wondering if there is any specific wording I need to use in the particulars of claim box?

Thanks

N79

No - just use clear and concise language and explain what you are claiming for.

moneyangel22

So I don't need to quote case law numbers or say which laws have been broken etc?

Jowo_2

Just brief facts about the defendent's tenancy and how you arrived at the figure owed. MCOL has a data entry limit that precludes waffle anyhow. If the case is defended, this is where you put together all the evidence (tenancy agreement, bank statements to show arrears, copies of letters to tenants and any proof of postage, invoices/quotes for repairs, inventory and so forth).

Do you have an inventory/schedule of condition and invoices/receipts for the repairs? And have you ensured that you aren't charging new costs for old (betterment) and have taken into account the original condition and age of items when making deductions?

gazfocus

moneyangel22 wrote: »

Hi,

I am starting a MCOL claim against tenants to claim rent owing and costs incurred to make repairs etc to the property on ending the tenancy.

I was wondering if there is any specific wording I need to use in the particulars of claim box?

Thanks

Have you thought about the implications of the tenants discovering that their deposit not being protected? As members suggested in your previous thread, it may be better to leave this one down to experience.

moneyangel22

Yes I have and have decided to protect the deposit before starting the claim. I have read up on this and as long as it is protected before going to court I cannot be penalised.

tbs624

That's the second landlord in two days who has come on here moaning about their tenant's omissions, and wanting financial recompense, but then owning up to the fact that they choose which of their own LL obligations they will comply with.

As a LL, your legal obligation is to scheme-register the tenancy deposit within 14days of receiving it and to be able to show that you provided the Ts with a copy of the scheme's "prescribed information" .

Yes, some LLs have effectively "got off" with late registration but it certainly presents you in a certain light as a LL: you presumably wouldn't have bothered with registration at all had you not felt that you needed to seek recompense from your Ts?

clutton_2

moneyangel22 - you give good landlords a bad name.. shame on you

moneyangel22

Who are YOU to say who is or is not a good landlord. I come on this site for some advice after making an innocent mistake and all I get is abuse. I have done everything I can for my tenants unlike others who claim to be 'good' when all they want to do is make as much profit as they can!

clutton_2

""Have you thought about the implications of the tenants discovering that their deposit not being protected? As members suggested in your previous thread, it may be better to leave this one down to experience."

THIS is what makes me say you area poor landlord -

either

you did not know the law on deposits - and if not - why not ? it has been around for 3 years

or

you did know and deliberately broke the law

which one of these is "being a good landlord" ?

re "innocent mistake" - the law does not accept ignorance as a defence..

iwhy are you now compounding your ignorance by putting your tenants through a court case ??

moneyangel22

I am putting my ex-tenants through a court case because they owe me more than their security deposit...maybe you have money to burn but I do not. I will reclaim this money through the court and judgment will be awarded against the tenants because they deliberately avoided their responsibilities whereas I did not. Now that I know the rules the deposit has been placed in security. It just happens that I did not find out about this until the same time that I kicked the tenants out.