Tenants leaving owing rent

Gorgeous_George

Hi

I am on holiday at the moment and have been told that my tenants are leaving as I type.

I´m pleased that they are leaving but they owe 4 weeks rent and have not given notice. In total they owe 8 week´s rent (to cover the notice period). Additionally, they owe 100 pounds for damage that they made to the property and that I fixed. This makes 740 pounds in total. I´m not really expecting to recover any or all of this money but I do want to ensure that I try my best and that, at the very least, that they end up with a CCJ against them.

I have written to them via a third party so that the note can be hand delivered.

Has anybody got any advice regarding the legal action tyhat I need to take and potential cost. Money is no object, I am happy to lose one or two grand to have my day in court. After charging just 80 pounds per week for a 4 bedroom house, I am disappointed that they choose to leave in this manner.

I have 300 pounds in the bond which will go towards the debt but then, the house will need redecorating and new carpets.

Back to the sun lounger

Best regards



GG

Innys

The obvious observation is "Why bother?"

You say money is no object - but if that is the case why do you talk abouit the money they owe?

Odds are you won't be able to track them down anyway once they leave, and if you do, they won't turn up to Court. They may end up with a CCJ but they probably won't be bothered.

Surely getting the house back with only £100 of damage is the priority? Plis, if you do takle them to Court and get a CCJ against them, how do you know they won't come back and damage your property in the future?

I think this kind of issue is one of the gambls you take with but to let - it's unavoidable.

lynzpower

you dont make the decisoin about the CCJ, the court will

So what you need to do is simply take them to the small claims court for your loss. As its under 5k the small claims track is where you go.

the judge will direct from there.

CB1979_2

Innys wrote:

The obvious observation is "Why bother?"

well perhaps if they had done this previously and their previous landlord had done it, they would've failed a credit check and GG wouldn't have offered them the place.

by doing this and if every Landlord did this it would help protect ALL Landlords in the future.

just my humble 2p though

Innys

CB1979 wrote:

well perhaps if they had done this previously and their previous landlord had done it, they would've failed a credit check and GG wouldn't have offered them the place.

by doing this and if every Landlord did this it would help protect ALL Landlords in the future.

just my humble 2p though

Yes, but just like putting litter in the bin, for example, how do you get everyone to do what is best for the common good??? It's impossible.

Instead, each landlord is looking to maximise their return and rather than working with other landlords, they are the competition, and so they have no interest in helping out other landlords.

The best solution is to get a reference from a tenants last but one landlord. These landlords have no incentive to be less than honest as opposed to the current landlord who would want a troublesome tenant out at any cost.

In any event, all this is history. The OP wanted to know what to do now, rather than what should have happened before. I still feel that taking them to Court is a waste of time. Take it on the chin, perhaps insist in a bigger deposit in future and be grateful they didn't completely wreck the place. It could have been a lot worse - and I speak from experience as a landlord.

dkny_2

Gorgeous_George wrote:

Hi

I am on holiday at the moment and have been told that my tenants are leaving as I type.

I´m pleased that they are leaving but they owe 4 weeks rent and have not given notice. In total they owe 8 week´s rent (to cover the notice period). Additionally, they owe 100 pounds for damage that they made to the property and that I fixed. This makes 740 pounds in total. I´m not really expecting to recover any or all of this money but I do want to ensure that I try my best and that, at the very least, that they end up with a CCJ against them.

I have written to them via a third party so that the note can be hand delivered.

Has anybody got any advice regarding the legal action tyhat I need to take and potential cost. Money is no object, I am happy to lose one or two grand to have my day in court. After charging just 80 pounds per week for a 4 bedroom house, I am disappointed that they choose to leave in this manner.

I have 300 pounds in the bond which will go towards the debt but then, the house will need redecorating and new carpets.

Back to the sun lounger

Best regards



GG

If Money is no object - i think you should try and chill out on your sun lounger and not worry too much about it!!

To be honest, The tenants probably dont care if they get a ccj, if they did they probably wouldve have got in touch with you and try and offer some kind of payment...Its sad but it happens.. Even if this did get to court do u honestly think they will make the effort to go to court?? :rotfl:


maybe you should contact small claims court they may be able to help further!

Good luck.

Gorgeous_George

I will bother because I cannot allow them to walk all over me. We have a contract where I provide a service and they, in return, pay. It cannot be allowed to become the norm for LLs to be treated in this way.

I have kept the rent low (about 20 pounds per week below market value) for the three years that they have been my tenants. Obviously, this counts for nothing.

I expect that the whole house will need decorating so the small bond of 300 pounds wouldn´t cover that even if the rent was paid up to date. I´ll feel happier if I know that I have at leat tried to recover that which is owed to me.

I have written to them advising them that I see 4 weeks notice expiring on 10 Dec and reminding them that they are responsible for bills until that date. I hope the council and water companies chase them for payment as well because I am not responsible for these bills until 11 Dec.

I´m looking forward to gaining full access to the house once more and will take a week or two off work to do most of the refurb. I´m considering replacing the night storage heaters with gas central heating. Obviously, this will require LL Gas Certificate and I´ll provide one or two CO detectors. The rent will rise by 10-15 pounds per week and with reasonable tenants I should be able to recover some of my costs. The bond will also increase to a modest 550-600 pounds.

Back to the point of this thread. Has any LL out there got experience of the legal costs that I might expect while I chase my current tenants for the rent owed?

Many thanks



GG

Tassotti

You can claim online

https://www.moneyclaim.gov.uk/csmco2/index.jsp

You do need an address though

Not sure of costs, but think it is about £30

Best of Luck

Tass

Sisyphus

Gorgeous_George wrote:

I will bother because I cannot allow them to walk all over me. We have a contract where I provide a service and they, in return, pay. It cannot be allowed to become the norm for LLs to be treated in this way.


GG

As a tenant myself, I agree entirely with this principle. People renege all too easily on their commitments and need to be held to account.

Sorry I can't give you any advice re legal costs.

Tassotti

You can view a list/add tenants to a list of bad tenants at

http://www.latip.co.uk/

It is £50 to register.

jodenice

If they've lived there for 3 years and you class £100 worth of damage which may or may not (couldn't work it out) include carpet damage I'd forget that and just go for the missed four weeks. Normal wear and tear over 3 years would, I imagine, come to more than £100.

With regards to the council tax and the bills i'd check this out - I have in the past moved early and just contacted the water, gas and council tax myself with my new address - they are not overly bothered in the issues of your contract they will just charge whoever is (or the landlord if they arent) living there. Thats what happened to my mum and she ended up in a war of words with the local council.