Using MCOL to claim unpaid rent.

RAS

Once upon a time I was rather naive about this sort of stuff; first time I saw a major forgery I just could not believe it.

And even when found out some people's response is to claim it was just a little mistake or to compound the lies as your ex-tenant has done. And of course one reason for phoning is that there is less likely to be a record of what was said.

tumbledowngirl

jjlandlord wrote: »

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

Our solicitor has sent us an email, advising us to put this down to experience, saying that the tenant could cost us more than our claim by stringing things out with his version of events.

What costs could we incur, since solicitors' fees aren't explainable in the small claims court?
We aren't inclined to let this go, on a matter of principal ,since the tenants have taken both us and their new LL for a ride - we had to argue abandonment to get possession of the property, which was left dirty and with some malicious damage.
Are we being irrational?

RAS

Using a solicitor to make this claim is goign to cost more than you will get back.

Have you checked how many CCJs this person already has?

tumbledowngirl

RAS wrote: »

Using a solicitor to make this claim is goign to cost more than you will get back.

Have you checked how many CCJs this person already has?

We aren't intending to use a solicitor actually - we didn't think we needed to, which is one of the reasons for my original post.
According to the credit checks etc done when we took on the tenant, there are no CCJs. However, we do know that they have run up debts with all the utilities, council tax, car loan, mobile phone accounts etc since living in the property.

It's this that makes us think we should peruse them in the small claims - if we don't, they will continue with a spotless record.

RAS

Ok - if all you want to do is make sure their credit record is blemished and do not mind the court fees and accept the aggravation of dealing with a lying little toad who will spin things all the time, go for it.

With a business head on it is a lot of bother for very little likely outcome but as long as you do not attach your emotions to it, fine. have you checked that he actually works at the company where he says he is employed?

tumbledowngirl

RAS wrote: »

Ok - if all you want to do is make sure their credit record is blemished and do not mind the court fees and accept the aggravation of dealing with a lying little toad who will spin things all the time, go for it.

With a business head on it is a lot of bother for very little likely outcome but as long as you do not attach your emotions to it, fine. have you checked that he actually works at the company where he says he is employed?

I know it's not perhaps the route a lot of people would bother with, but I can't get past the fact that they will keep on tricking agents and landlords etc if left to get away with it. It feels like a who dares, wins situation.

We have evidence to support our claim. If we won, would we also get the court fees back as part of the claim?
Would our tenant stringing things out actually cost us, financially?

As far as work is concerned, yes we know he works there.

dancingfairy

It might be worth posting a link to your other thread as I have a feeling you've posted on here about this before and there is additional detail on there? Unless I'm mistaken and it wasn't you.
df

tumbledowngirl

dancingfairy wrote: »

It might be worth posting a link to your other thread as I have a feeling you've posted on here about this before and there is additional detail on there? Unless I'm mistaken and it wasn't you.
df

You might well be thinking of me - I did indeed post about the same tenants previously, but haven't given the whole sorry saga on this post because we've since got possession of the house so much of it is no longer relevant.

Happy to post a link, but I don't know how to on my Kindle!