Arrears after tenant has left

I_love_cats_999

I rented out a property to my tenant and gave notice and they moved out, oweing three weeks rent- approx £300. How can I recoup the money if they don't pay up? Is this something the small claims court would deal with? Grateful for any advice!

Fire_Fox

Welcome! Where is their deposit lodged? Have you returned it or made a retention? Why did the tenants owe three weeks rent, didn't you serve notice coinciding with a rent period?

G_M

If there are three weeks arrears, just send them a full rent statement to demonstrate this, and deduct that amount from the deposit before returning the balance.

Is the property in Eng/Wales? If so, obviously inform the deposit scheme of this. If Scotland, no need I believe (unless a recent tenancy and a scheme was used)

I_love_cats_999

Hi thanks for the replies. The deposit was in some kind of bond that paid out for damages but not for lost rent. I agreed that the tenant could leave a week or so before the rent due date but they stopped paying altogether and have given various excuses for not paying. Now they are out of the property and my only recourse seems to keep on at them for the arrears or tell them I will get legal advice. Now what I need to know is if the small claims court is the way forward as if it is and I win the case the tenant could get a CCJ and the threat of that may prompt them to pay up.

G_M

The deposit was in some kind of bond

This indicates a certain worrying level of ignorance by a landlord - especially one apparantly not using a professional agent.

bond that paid out for damages but not for lost rent

this indicates either a worryingly poorly drafted tenancy agreement, or an equally worryingly poor understanding of 'deposits', 'bonds' (not sure I understand what it means in this context and you clearly don't) and approved deposit schemes.

I suggest you start by reading up on deposit law, registration, and your tenancy agreement, and check whether you have actually complied with the law.

If you have not, then do NOT persue these arrears or you are likely to end up in more (legal) trouble!

If you have complied with law, then start as advised above, then either use the schemes arbitration process (if relevant) or Small Claims Court.

Start your research with your own Tenancy Agreement, and then read relevant links in this post here.

No one can say if the SCC is the way forward as you are unclear of the current position.

Fire_Fox

I_love_cats_999 wrote: »

Hi thanks for the replies. The deposit was in some kind of bond that paid out for damages but not for lost rent. I agreed that the tenant could leave a week or so before the rent due date but they stopped paying altogether and have given various excuses for not paying. Now they are out of the property and my only recourse seems to keep on at them for the arrears or tell them I will get legal advice. Now what I need to know is if the small claims court is the way forward as if it is and I win the case the tenant could get a CCJ and the threat of that may prompt them to pay up.

Do you know the tenants address? You need one for the court paperwork. Agree with G_M why don't you know the ins and outs of the deposit/ bond system you are using?

I_love_cats_999

Thank you for your reply and the information you posted. I did appoint a letting agent. The fact is, I just want to know if I can pursue this via the small claims court. Obviously I am not an expert as you no doubt are. Any advice would be appreciated.

Werdnal

OP, the reason people are asking about the deposit is if you/your agents did have cash deposit, and you did not protect it correctly, any attempt to claim the rent owed back from the tenant could prompt a counterclaim from them for up to 3x the deposit they paid for your failure to protect it. So you could be worse off!

So, first you need to find out exactly what form the deposit took - sometimes councils will put up a "bond" to cover tenant's damages, could this have been what your tenant had.

If a deposit was actually paid in cash, you need to find out what the agents did with it. Then you need to find out whether it has been returned, or whether you can legally retain some of it for lost rent. Taking the money owed out of the deposit is the quickest and easiest way to reclaim you rlost rent, without having to go to the hassle of a court claim, and the obvious way to do it if it is possible!

Fire_Fox

I_love_cats_999 wrote: »

Thank you for your reply and the information you posted. I did appoint a letting agent. The fact is, I just want to know if I can pursue this via the small claims court. Obviously I am not an expert as you no doubt are. Any advice would be appreciated.

We know what you are asking, we aren't asking you to be an expert we are asking basic and highly relevant questions about the deposit and the tenants current address. Until you answer them nobody can tell you how to proceed.

You cannot delegate your legal responsibilities to a letting agent, the buck stops with the landlord. If you don't even know the basics of being a landlord you leave yourself wide open to being taken to court, you could lose much more than £300.

G_M

I_love_cats_999 wrote: »

The fact is, I just want to know if I can pursue this via the small claims court. Obviously I am not an expert as you no doubt are. Any advice would be appreciated.

Yes you can pursue this via the small claims court.

Simple.

However:
a) you may lose and
b) the tenants may counter-claim and win - meaning YOU pay THEM!

It all depends on the precise legal situation which you are very vague about. That is why we are asking lots of questions and suggesting you do research before jumping in.

However, there is NEVER anything to stop a landlord starting an action in the small claims court if he... really... wishes to!

Do you think if someone goes to a solicitor and says "this bloke owes me money" the solicitor will just say " Take him to the Small Calims Court"? Of course not. He'll ask you how, why, when etc etc.

OK - here you are asking for free legal advice on a public forum. We could just say " Take him to the Small Claims Court" but we try here to be a bit more helpful and, dare I say it, 'professional' than that!