Tenant left house - has rent arrears and the place is a mess...

moneybunny123

may_fair wrote: »

Court fees in the small claims track aren't very high (look on the HM Courts website) and are added to the claim. No legal fees as you would be a litigant-in-person. Get a library book on the small claims procedure.

A claim for unpaid rent is fairly straightforward - there's a good chance you'd be awarded at least up to 4th July (up to 6th June at the very minimum). And if you have good evidence of before and after condition, and evidence of the cost of putting things right, then again, I see no reason why your claim should fail.

If you want to keep things as simple as possible and don't want to get into more complex arguments (i.e. claiming up to 4th Aug), then firstly gather your evidence, sort the house out (i.e. take possession), then claim for rent in lieu of notice up to 4th July plus cost of repairs etc.

Just one more question - and this is my concern as to whether or not this whole thing is worth pursuing - what if a court says she must pay up, but she literally can't afford to? She's a single mother and could argue that she just doesn't have the money to pay rent arrears, money towards damages, etc on top of her existing bills and rent.

BitterAndTwisted

You can apply to get an attachment of earnings, so the money is deducted from her salary at source. This depends on how much disposable income she has and how much or how little she can persuade the courts that she can afford to pay you.

macman

The bottom line is that if she has no assets, then you can't collect. And employing bailiffs will simply add to your costs.

may_fair

moneybunny123 wrote: »

Just one more question - and this is my concern as to whether or not this whole thing is worth pursuing - what if a court says she must pay up, but she literally can't afford to? She's a single mother and could argue that she just doesn't have the money to pay rent arrears, money towards damages, etc on top of her existing bills and rent.

I once had a T like yours when I was new to letting (and hadn't carried out proper checks etc).

Huge learning curve and eventually obtained a CCJ for unpaid rent and damage. T didn't pay. Tried bailiffs and that was useless. Went for an order to obtain information: http://www.hmcourts-service.gov.uk/infoabout/enforcement/information/index.htm

At that point I think he realized I was serious. He paid the £3K debt in £100 per month installments for 30 months, but I got my money in the end.

You just have to be persistent. You also have at least six years in which to enforce the CCJ. I'd certainly pursue it, especially when T is employed.

sunnyspirit

When reading this thread, I wondered how your tenant could prove that you have been in the property while she had not vacated yet, and what steps your tenant could take in such a case?

BritRael

Hammyman wrote: »

I went on holiday with my family. We were away for a whole fortnight. Does that give you the right to enter our home?

I can see where you're coming from and would agree with you if the OP had entered the property a few months ago while the tenant was still in occupation.
However, this is a completely different scenario as the tenant had told the landlord the she had moved out one week earlier...

evslady

I feel for you, I cannot tell you how similar my story is! everything you are saying is exactly the same as mine!! i was nice, she was always late paying, left the house upside down and i have no doubt when i call the utility companies today that she'll still owe them a wedge too! i agree with u totally, the law seems to let them get away with so much its stupid! and yes it is YOUR house!

my tenant refuses to give me a forwarding address (although i have her mums and work), owes us a month and a half, still has odd bits there and the place is a tip! its not worth the cost of going to court if that was a thought and i am hoping she is going to meet me tonight as she asked me to have until today as she doesn't know i went up there (didn't enter but can see the crayons etc all up the walls and the carpets minging!) we will see i suppose, maybe she's actually cleaned it all up, will finally give me an address and pay me!! and maybe pigs will fly......

evslady

"I dunno, the satisfaction of ensuring that your ex-tenant has a CCJ on her credit-file might be worth spending a few bob, even if you choose not enforce collection." - bitterandtwisted


I Totally agree with you!