Using MCOL to claim unpaid rent.

tumbledowngirl

In a nutshell, we have recently regained possession of our rental property after our last tenants did a runner half way through a 12 month AST.
They owe 2 months rent, which we have been advised to seek through the small claims court.

What is the normal path for this?
Will a copy of the AST be sufficient evidence, or will any other paperwork from the tenancy be required?

jjlandlord

Clearly a copy of the AST does not say anything about what was paid or not paid. It shows what should be paid.

You also need to provide a schedule of arrears to support your claim.

tumbledowngirl

By schedule of arrears, do you mean letters sent to the tenants regarding the unpaid rent?

Are there any sort of standard tricks that tenants pull out when served with court papers?
Is it enough that we have the AST and copies of letters sent to the tenants, requesting they pay the unpaid rent?

jjlandlord

No, I mean a document listing all the date rent became due and the amount due, how the dates and amounts of the payments by the tenant.
This will show how the arrears accrued and reached the amount you will be claiming.

Of course, if you have letters or other documents from the tenant in which he admits he owes the money do include them as that'd be very helpful.

Look up 'schedule of arrears' or 'schedule of rent arrears' on Google (other search engines available)

princeofpounds

bank statements to show payments (and then absence of payments for the critical months) may also be useful.

remember, you have to prove everything you claim, on the balance of evidence.

RAS

Do you have enough detail to actually enforce any order made in your favour?

Ni number, work details etc?

harrys_dad

Even if you win the case you then have to collect the money which may not be easy.

tumbledowngirl

RAS wrote: »

Do you have enough detail to actually enforce any order made in your favour?

Ni number, work details etc?

Yes. When I say they did a runner, they actually moved to a house up the road from our rental property - we have their work details, address etc.

RAS

tumbledowngirl wrote: »

Yes. When I say they did a runner, they actually moved to a house up the road from our rental property - we have their work details, address etc.

So you can go for an attachment of earning if they do not pay promptly. Good.

tumbledowngirl

A bit of an update:

Our solicitor wrote a letter to the tenants, requesting the arrears be paid within 7 days. The 7 days expired today, and this afternoon we received an email from the solicitor to say that the tenant had phoned him and told him that we had agreed to release them from the agreement and that they had paid rent until the end of April...neither is true and obviously we can prove it.

These are the same tenants that actually forged a copy of the original 12 month AST to turn it into a 6 month AST to get a new property after they were refused references by our agent, BECAUSE they were tied into the 12 month agreement.
People are incredible, aren't they?

jjlandlord

If you're already using a solicitor, you could instruct him to start proceedings.