Need an Inventory & Guarantor letter template?

Novicelandlady

mlz1413 wrote: »

NLL it is really a year since T moved out?
What has happened with the property since? have you made repairs? have you re-let?
I guess if you are only claiming for damage within tenancy and not for continued losses you should be ok, but I would ring the county court and find out if there is a time limit for damage claims. For breach of contract which is the claim against the LA then you have 6 years.

The LA would have a registered number on their letter head if they are a member, the only association I know of is ARLA but hopefully others will be along on this matter. I would just ask the LA who they are with. You could then ask the associaiton for a list of regulations the LA has to abide by.

Before you go to court you have to been seen to have tried to settle the issue, so you need to contact the T & G, write to last known addresses and go from there.

I would also urge you to think clearly about what you actually want as it sounds like the T has no money and therefore you could just be racking up costs and receive nothing back.

Re T b/f moving in - does it make any difference to the claim you are making?

Yes, it has indeed been a yr since T moved out. I was away studying in Europe, hence leaving it so late. the property got repaired and relet, going fine, touch wood, at the moment.
So you think I may have a valid claim against LA for breach of contract?
Also, if I understand correctly, I am entitled to claim interest on rent arrears from the date T was in arrears over 7days up until the point I write her a letter/put a claim in court? and same applies to guarantor or is guarantor only liable for rent arrears?
Yes, Re T, that's exactly my point, I don't think she has money, as I also found out there was a criminal case against her (she assaulted another female) and not sure how that went.
When I went for advice in CAB, that's wat solicitor there said, to cut my losses and just try and get the rent arrears back from guarantor and if necessary put a small claim against her.
Yes, I know about court expecting me to try and settle the issue myself/make all the possible effort to, before making a claim. That's why I am asking for some advice/guidance. I think ideally, I'd try and get arrears and damages if possible from guarantor (she can sort this out with T herself!) and claim breach of contract for LA.
re bf, it's 1 of the things to mention against LA, i specifically said, no pets, children, partners to live with tenant. there was a pet and partner, they denied partner lived with her (but there was mail and debts registered in his name on the property as well as some other guy's as well), T also had a dog, LA tried to falsify a doc saying 'landlady gave written permission for pet to be in ppty for a number of hrs per day'!
I did not such thing!
I am just really opposed to the fact they took their whole 18% of watever little money T did pay towards the rent, not carried any ppty checks, etc, put me in financial difficulties and getting away with it!
Thanks again for all the guidance

mlz1413

I still think you need to get your starting blocks in order:
Re the LA - you say the T&C you signed do not have any LA obligations stated? So they probably haven't breached that contract.

Have you found out if they are registered with ARLA? If they are a member of a governing body then you should be able to claim that they have not acted professionally or carried out their duties with a standard of care. But if you have been to CAB once then I would go back to them with specific questions of what you want to claim for and ask their advise.

Re T - Have you rung the court to find out how long after damage that claims can be brought against accused?


Re the interest on rent arrears you need to claim it on any court claim, but it is up to the judge of your case to award it. As you have taken so long to decide to claim and not advised guarantor in the last 12 months that you want the arrears paying then the judge could view that as reason not to apply interest, but if you don't claim it then the judge can't allow or disallow it.

Novicelandlady

Yea, I have checked online, they appear to be registered with NAEA (National Association of Estate Agents)
I have now downloaded their rules of conduct and practice, will read this thoroughly asap.
it did mention that they have to follow client's (landlord) instructions, and as soon as T was in arrears over 1 month, I have instructed the agent managing my ppty at the time to start procedure for getting the tenant out.
Also mentions in rules of conduct that they also have to comply with any duties put onto them by AST, which is obviously a much larger doc in comparison with my contract with LA.
I have called the Court to enquire about damages and explained the specific situation of getting damages from letting the ppty out, etc.
I've been told that as far as they know, there are no time limits on that.
In regards to interest, I meant to just claim intrest from the point of rent being overdue past 7days up until the point T moved out (at least). I realise they cannot give me interest for a whole yr after since I took time to start sorting the situation out myself.
Will go back to CAB with specific questions.
Re guarantor, should I just demand the amount of rent arrears outstanding + damages and worry about interest later (if at all?)

mlz1413

I would sent a letter to guarantor ASAP detailing what is due for rent arrears and damages, you can put a line at the bottom saying something like "If further action is needed to obtain the outstanding monies then all costs and interest will be added to the outbalance of £XX"

As you are not sure if your addresses are current any more the sooner you find out the better, as this effects you being able to take further action.

Novicelandlady

ok, took a little while, but I have written to LA and have requested all the info to do with guarantor and T. I got all the docs, includin T's wage slips which indicate she earned nowhere near enough to be renting my ppty [at the time I wasn't aware I could request to look at wage slips, I was simply 'assured' by LA that T had 'more than enough money to cover the rent']
LA have given T's address now, she's moved back to mother's address and gave birth
Account info also shows that LA taking payments from T every month, in total maybe £25, which to me is showing they are obviously trying to recover the arrears outstanding as they had to pay me 2months rent through their rent guarantee scheme once T fell into 2 full months' arrears. My question is: do I bother with T or still just go the guarantor route as she seems more likely to be able to pay out quicker [full time job]?
and also, what LA's doing regarding recovery 'sum' money from T? shouldn't they be passing watever they recover to me??!!! and whether I can now use this as a further point of a claim against LA and that they did not comply with code of practice etc?
Thanks for any advice in advance