Tentant refuses to use ADR - what next?

slangy633

My tenant left my flat at the end of May. There is a huge list of damage that she caused including burns to the carpet, smashing the hob, cracking the bathroom sink and breaking the blinds so it is not the usual wear and tear. Everything in the flat was brand new when she moved in as I had just refurbished it. She agreed to give me £200 for the damage but I am claiming for all of the deposit as £200 does not even touch the bills I have coming in to fix everything.

However, she is refusing to use the ADR service and I was notified mid September of this. I have since emailed her to see if we can come to an agreement. She is also refusing to negotiate.

Therefore, my question is, is my only option now to take her to court? How long since she refused to use the ADR service do I have to start this process?

Any advice would be greatly received as I don't really know what I am doing!

Thanks

ACG

Send her a letter before action, you can do this yourself. Just take a look at some templates online as it needs to contain certain information.

Then file it with small claims (assuming the amounts are within small claims). I did my first small claims claim against someone 2 months ago for non payment. It was really easy to do. Mine never went to court, but yours should be quite easy to claim as it was all done with your tenant being the first person in there. Easy to determine who caused the damage.

This happened to me when I was a landlord, the carpet had been fitted less than 24 hours before he moved in. When he moved out there was an iron mark which he claimed was there when he moved in....until I shown him the receipt with the date it was delivered/fitted. Then he backed down and paid for the carpet.

Dont be afraid of small claims, it really is a piece of cake.

slangy633

Ok great thanks for the advice. The lettings agent have been emailing her on my behalf to see if she will negotiate but I will look online to send her a letter. Does this need to be sent in the post? I have a forwarding address for her but have heard she has since moved on from there.

The photos on the inventory check in and out clearly show the damage but she thinks it's not her responsibility and I am being unreasonable.....

ACG

Recorded delivery will confirm they have received for it.
Chances are if they make a habit of burning landlords they will know how to play the game and not sign for it.

Ultimately you can only do so much, I do not think them not signing for it will prevent you from going to court. It might just mean you have to do a little more for it.

If you are talking thousands, it might be worth getting a solicitor. Mine was £500, I would have been prepared to write it off, but I was 99% sure I would get what I was owed - I actually got that plus interest.

If it makes you feel any better, I did not do this but you can add the cost of envelope and postage to the bill.

Pixie5740

Yes the letter before action has to be posted. Used 1st class post and get proof of postage that way she can’t refuse to sign for anything. If you want to take her to court you’ll need an address anyway.

How did you find this tenant because I guarantee this isn’t her first rodeo?

slangy633

Yes I have a feeling she knows what she is doing! Ok I will send her the letter and keep my fingers crossed that it gets signed for. I am claiming £900 for the damage as it is extensive. It is now becoming a bit of an issue of principle rather than the money as I let her break her contract early and then let her stay a week longer than needed so I feel like I have treated her fairly. I am hoping the court will be on my side especially as she is refusing to negotiate with me.

I am tempted by adding the envelope and postage cost!

Pixie5740

Do not use Royal Mail’s signed for service use their 1st class service and get proof of postage. That will be sufficient enough for the court.

slangy633

I used an agent and they credit referenced her etc and nothing suspicious came up but she has been the worse tenant I have ever had!

G_M

Since May? You've been very patient!

Yes, Letter Before Action by 1st class post with proof of posting, not signed for.

* Get written quotes for all the repairs etc and add them up.
* deduct amounts for 'betterment'. Eg you cannot replace a 5 year old mattress with a brand new one as it was half-way thrugh its life already, so claim 50% of the new cost
* add in any other genuine costs

I assume you have an address for the tenant?

slangy633

She moved out at the end of May and then we didnt get an answer whether she would use the ADR service till Sept.
Ok I have got all the quotes etc already. The flat has been totally refurbished so everything was new. She has burnt the carpet in about 10 places with hair straighteners so do I claim for the whole carpet to be replaced or just 50% of the cost?

I have an address that she left with the agency but I have now been told she is no longer living there. This is her last known address though so I am hoping I can still use that. Do you know if that is correct?

steampowered

A few thoughts:

- Don't worry about how you send the letter. The court rules only require that a letter is sent. Just send the letter first class and keep a copy for your records. Nobody is going to ask for proof of postage or anything like that.

- In terms of legal procedure, you can use her last known address for serving documents. However, the court rules require you to take reasonable steps to confirm the address if you have reason to believe that the defendant no longer lives there. There is also the practical problem of enforcing the court's judgment - there is no point sending bailiffs to an empty address.

- If you cannot find a current address, and it is worth the cost, you can use a tracing agent to try and find her current address.

- The small claims process is pretty easy. You can do it yourself. You can pay for someone to help you, but are unlikely to be able to recover their costs from the defendant.

- If she contests the claim, the key thing will be for you to be able to prove the damage you are alleging (e.g. through photographs).

- If the entire carpet had to be replaced, claim for that. But if only part of the carpet needed to be replaced, claim for that.

- Contrary to what has been suggested, you cannot claim for postage cost in the small claims track. See https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.14 for the definitive list of what costs can be claimed.