Small Claims Court guide

pphillips

query2013 said:

Hi,
My tenant has left, with unpaid rent of around £1700, I don’t have a address for them. Can I file a small claims court claim without a address? 

Many thanks

Technically you can, but the court are unlikely to allow your claim to proceed without the address.

query2013

What are my options, in this case please . The letting agents did not get a forwarding address for the tenants, and they have not shared any email address for the tenants with me. Can I file a police complaint? 

query2013

Feel so let down. So the tenants gets away Scot free, leaving me out of pocket

pphillips

Your letting agent should be assisting you in tracking down the tenants, probably through credit referencing or information they already hold on the tenants from when they applied to rent the property. The letting agent works for you (not the tenants) and they should not in any way be helping the tenants to escape recovery of unpaid rent. You certainly have grounds for complaining to the letting agent, followed by the Property Ombudman if need be. Perhaps also think about getting a more competent agent for the future.

query2013

Yes, I have been chasing the agents, but they have not been forth coming with any information. I will write a letter of complaint. The trouble is that the tenants were there for almost 10 years, so all the vetting information i doubt is going to be outdated, I also suspect the tenants have moved away to Ireland, so am really confused if I can even make a case? 

I have not heard about a property ombudsman, but will look into it. 

Thanks for your help

pphillips

If they have moved to ROI it will effect the conduct of litigation and the means of enforcing a judgment but it shouldn't have any effect on the outcome of the case.

alexmay

The Small Claims Court does not exist. The court is called the County Court. If the claim is small, it will probably be allocated to the Small Claims Track. If you go to court, you need to be precise and starting with the wrong name for the court is not a good start.

Pollycat

alexmay said:

The Small Claims Court does not exist. The court is called the County Court. If the claim is small, it will probably be allocated to the Small Claims Track. If you go to court, you need to be precise and starting with the wrong name for the court is not a good start.

Are you aware that this thread was started over 8 years ago?

By a member of MSE staff?

From gov.uk:

How to make a claim

You can apply to a county court to claim money you’re owed by a person or business.

This is known as making a court claim. It often used to be known as taking someone to a ‘small claims court’.

https://www.gov.uk/make-court-claim-for-money

And if you had followed the link in the original post, you would have noticed this:

What counts as a small claim?

There isn't such a thing as the 'small claims court'. It's actually just a procedure that some more simple cases (the rough rule is those that'd take less than a day to resolve) for under £10,000 go through.

Doc_N

A Westminster friend has a problem with a County Court Judgment (Case number:161MC959).
He says it isn't correct, and would like to get it set aside.
Any thoughts please?

Pollycat

Doc_N said:

A Westminster friend has a problem with a County Court Judgment (Case number:161MC959).
He says it isn't correct, and would like to get it set aside.
Any thoughts please?

You are admitting be being a friend of Boris Johnson...?