Landlords who have taken their tenant to small claims court

AlwaysWorking

Hi

Have any landlords taken their tenants to a small claims court? A friend let a house out through an agent. The tenant has left owing a month's rent which will hopefully be covered by the deposit. Unfortunately she has also caused quite a bit of damage, removed white goods and left lots of items behind which will need to be removed (including tyres).

My friend wants to take her to the small claims court. He was planning on doing a lot of the cleaning, decorating etc himself to keep costs down. I just wondered if the fact he won't have invoices from contractors for the small claims will impact on his claim at all? I would hate him to take time off work and do all of this work if he can't be compensated. Maybe it would be better to get contractors? But then there is the risk he might not win the claim and be out of pocket quite a large amount, although the agent has had a company carry out a check out report which clearly shows the before and after photos and notes the damage.

Any advice would be gratefully received!

babyblade41

I have taken tenants to court for non payment of rent and won...they caused thousands in damage and it was a long and expensive process which I did myself

However as the judge stated to me my only hope of getting anything financial back was probably non existent and all they would get is a CCJ which really wouldn't bother them too much .

Probably clear up the mess and take it on the chin. Sometimes all the credit checks and referencing that goes beforehand can still never be enough

AlwaysWorking

babyblade41 wrote: »

However as the judge stated to me my only hope of getting anything financial back was probably non existent and all they would get is a CCJ which really wouldn't bother them too much .

Having a CCJ will prevent her from renting another house. The damage and missing white goods (which were new at the start of her tenancy a year ago) amount to quite a bit.

babyblade41

AlwaysWorking wrote: »

Having a CCJ will prevent her from renting another house. The damage and missing white goods (which were new at the start of her tenancy a year ago) amount to quite a bit.

I still think it's slightly futile , but if that's what they want to do MCOl would be the best way

Just to add I had to replace a whole new bathroom, kitchen and approx 1500 on rubbish clearance, plus loss of rent and all the other repairs inc carpets , all furnishings and complete decoration.
Ex tenants were re-housed immediately

AdrianC

AlwaysWorking wrote: »

Have any landlords taken their tenants to a small claims court?

Lots.

Many have also won.
Some even got paid...

A friend let a house out through an agent. The tenant has left owing a month's rent which will hopefully be covered by the deposit. Unfortunately she has also caused quite a bit of damage, removed white goods and left lots of items behind which will need to be removed (including tyres).

That's a perfectly legitimate claim.

My friend wants to take her to the small claims court. He was planning on doing a lot of the cleaning, decorating etc himself to keep costs down. I just wondered if the fact he won't have invoices from contractors for the small claims will impact on his claim at all?

So what's he claiming for, if not his cost?
His time...? Or, rather, money for his time?

How's he calculating his hourly rate? What evidence is he providing to show that's a fair rate?

Maybe it would be better to get contractors?

It certainly gives him a concrete figure to claim for.

But then there is the risk he might not win the claim and be out of pocket quite a large amount

Or, of course, he wins a pyrrhic victory, and never actually gets paid.

Remember - if she pays promptly on losing the court case, she doesn't get a CCJ on her credit record.
If she doesn't, then he needs to think about instructing enforcement - all of which increases his costs. If they can find her, if she has any assets.

although the agent has had a company carry out a check out report which clearly shows the before and after photos and notes the damage.

Proper photographic check-in and -out is an absolute bare minimum, not only for any court case, but for getting the deposit withheld.


This is all one of the risks of being in the residential letting business. His business plan did make allowances for it, right? Is he still within his estimated budgetary costs for this sort of thing?

AlwaysWorking

AdrianC wrote: »

So what's he claiming for, if not his cost?
His time...? Or, rather, money for his time?

There will be replacement white goods, new internal doors (smashed), paint for the rooms which have been repainted without permission, cleaning throughout, other broken items which need to be replaced, two new bedroom carpets and lots of other items.

AdrianC

Yes, there'll be material costs etc, and they're obviously a fair claim. But I was reading it as the OP's "friend" wanting something more than that, some kind of recompense for the hassle/blood pressure/time.

The bit you quoted was in direct reply to this:

My friend wants to take her to the small claims court. He was planning on doing a lot of the cleaning, decorating etc himself to keep costs down. I just wondered if the fact he won't have invoices from contractors for the small claims will impact on his claim at all?

need_an_answer

When the tenancy began were the items that are now being claimed for newly painted and/or new?
carpets,doors,white goods,items that have been smashed?


If not then the LL cannot claim a betterment so some of the figures may need to be adjusted to reflect a depreciation.

What sort of monetary claim are they hoping to achieve?

AlwaysWorking

That's also true. I'm sure he will want to be paid for the time it will take to clean the house etc, although obviously not as much as a professional would charge. So would this make things more complicated, would he be best hiring professionals and having invoices? It's just that it would be quicker to take time off work and do the work himself and get some viewings lined up. He doesn't want the agent to do any viewings when it looks like this.

AlwaysWorking

need_an_answer wrote: »

When the tenancy began were the items that are now being claimed for newly painted and/or new?
carpets,doors,white goods,items that have been smashed?

The white goods were new and the house was newly painted. The check out report has said to claim for 70% of the cost of the carpets.

need_an_answer

What sort of monetary claim are they hoping to achieve?