SOS Tenant illegally subletting - and turned flat to a brothel

Cosablanca

Dear MSE users,

I need a help for a friend who is going through a very stressful time. She owns a property and after complaints from neighbours about the noise and the dodgy visitors it appears that the tenant who was renting the place had rented it out and it was used as a brothel for some months.
After her raising this with the tenant who denied the accusations eventually agreed to move out.
Thankfully, the tenant has made arrangements for the users to leave and the contract will be terminated as it breached the tenancy agreements. No police has been involved.
There are now a few outstanding issues:
1. The tenant still owes some rent money.
2. There is a lot of damage that surpasses the original deposit kept.
3. The tenant is (surprise surprise) not likely to be willing to pay.

How can the landlord take this further in order to get her money (unpaid rent + extra for the damage caused) back? What is the best direction? Does anyone know the law well?
Will it be a difficult case to take to court?

Many Thanks

AnotherJoe

Your friend should take professional legal advice on all those points.

Merlin139

Been there did this over 20 years ago. Got my agent to kick her out and dumped her stuff! Lost about 2K in the process and as she then turned to drugs could not see any chance of getting my money back.

Put it down to experience, got a new tenant and moved on.

Your friend could take the tenant to small claims court and then try recovering the money.

buggy_boy

It would need to be a small claims court to get a CCJ against the tenant. This will cost extra money, does the tenants have assets worth repossessing or an income that could be mandated. If not then its probably a waste of time, just be thankful the tenant left relatively easily.

G_M

Cosablanca wrote: »

.....
After her raising this with the tenant who denied the accusations eventually agreed to move out.
1) has the tenant actually moved out?
2) has the tenancy been ended (not the same as moving out!)?
3) how has the tenancy been ended?
4) where any conditions agreed for ending the tenancy? What were they? Were they fulfilled?
5) was there a deposit? Was it registered? Was it returned? If not, was agreement reached regarding the deposit?

Thankfully, the tenant has made arrangements for the users to leave and the contract will be terminated as it breached the tenancy agreements.
see Qs above.
You say " made arrangements for" & (earlier) "agreed" to move out. Vague!

No police has been involved.
There are now a few outstanding issues:
1. The tenant still owes some rent money. a) deposit b) small claims or c) write it off
2. There is a lot of damage that surpasses the original deposit kept. a) deposit b) small claims or c) write it off
3. The tenant is (surprise surprise) not likely to be willing to pay. a) deposit b) small claims or c) write it off

How can the landlord take this further in order to get her money (unpaid rent + extra for the damage caused) back? What is the best direction? Does anyone know the law well?
Will it be a difficult case to take to court?

to take to court
a) you need an address - do you know where tenant is going?
b) the tenant needs money - if none, then winning in court will not result in cash, just in recording a CCJ

kinger101

I'd report tenant to police for living off immoral earnings. And both to HMRC.

A_Nice_Englishman

It's against the law to rent out a property knowing it is used as a brothel apparently. If I was the landlord I'd take legal advice on this as well as on recovering my losses..

http://www.thepropertylandlord.co.uk/who-are-you-letting-your-property-to.html

steampowered

Unless the landlord can identify a new address for the outgoing tenant, at which the outgoing tenant is likely to have assets, suing them is likely to be a waste of time.