Tenant moved out (overseas) with no notice during fixed term

Borden

A tenant recently told me they've moved out due to medical problems and will not be returning to the house. They're from Spain and have moved back there. They were 1 month in to a 6 month fixed term tenancy, gave no notice prior to leaving and have asked for their deposit back.

I've reminded them of their obligation in the tenancy agreement to pay rent for the initial 6 month term. However given the circumstances I've also made a proposal that they only cover rent until I'm able to find a replacement tenant, which I think is very reasonable especially since they gave no notice at all that they would be leaving. They've rejected this proposal and have firmly stated they won't be making any further payments as they're no longer living in the house and in their view don't need to pay rent.

My next step will be to serve a demand for payment this week (14 day mark) to the rental address via recorded delivery. Obviously they won't be there to receive it but this will be my record of notice having been served. I take it with no response to the demand for rent I can then go down the route of getting a CCJ?

Should I go down the CCJ route after the first month of arrears or do I wait until the remaining rent from the 6 month fixed term is due? ie. I could raise a CCJ now but then each consecutive month the sum owed will increase. Or since the tenant has confirmed they've moved out and will not be returning to the house can I make a claim now for the full outstanding debt of the fixed period?

This is complicated by the fact they're now abroad with no intention in the near term to return to the UK. Does anyone have experience with recovering debt from another EU country? Do I need to act fast to action anything before we leave the EU?

Any help appreciated.

Thanks

davidmcn

Do you have their new address? Do you think they're likely to be able to afford whatever you sue them for?

Borden

Ah yes, I forgot to mention - I don't have their address, only their passport info (right to rent check). This is a lesson for the future for me when taking on foreign tenants.

Yes, they should be able to afford it. They're a working professional in a well paid industry.

[Deleted User]

Google European small claims procedure but also wonder if its worth it if you have no idea where the ex tenant is living. Revenge is a dish best served cold but you need to know where to serve it. Particularly as you can relet the place now so one assumes losses will actually be minimal (and taken out of the deposit).

It could have been worse, he could have not let you know at all, so you wouldn't be able to relet the property and /or built up huge rent arrears. What has happened is not ideal but its not the worst.

Its always a risk with a foreign tenant that they will get homesick or things not work out as they thought and they leave.

You could choose to display some understanding. You said you suggested only taking rent for the period until you relet but the rest of your post is about a CCJ for the entire 6 months. Is it really worth doing this?

justjohn

you have been bumped , keep there deposit and move on.(more or less)

justjohn

Borden wrote: »

Ah yes, I forgot to mention - I don't have their address, only their passport info (right to rent check). This is a lesson for the future for me when taking on foreign tenants.

.

You will find there are many tenants that are able/willing/capable of bumping you for rent/deposits. And very hard to tell who is going to do it.

davidmcn

No matter which country they're in, you can hardly pursue them until you get an address. I expect tracing agents exist in Spain, but you'll need to consider whether this is all throwing good money after bad.

00ec25

A CCJ is pointless against someone who is abroad and debt enforcement in Spain will cost you more than the rent.

Focus on the court action necessary for you to legally repossess at the earliest opportunity and forget about the remaining lost rent.
The focus on re-letting once you have possession

what written evidence do you have of "abandonment"?

Borden

deannatrois wrote: »

Google European small claims procedure but also wonder if its worth it if you have no idea where the ex tenant is living. Revenge is a dish best served cold but you need to know where to serve it. Particularly as you can relet the place now so one assumes losses will actually be minimal (and taken out of the deposit).

It could have been worse, he could have not let you know at all, so you wouldn't be able to relet the property and /or built up huge rent arrears. What has happened is not ideal but its not the worst.

Its always a risk with a foreign tenant that they will get homesick or things not work out as they thought and they leave.

You could choose to display some understanding. You said you suggested only taking rent for the period until you relet but the rest of your post is about a CCJ for the entire 6 months. Is it really worth doing this?

This was an offer made in good faith to meet halfway which the tenant has declined. If I do go down the court route I've no obligation to maintain the offer.

justjohn wrote: »

You will find there are many tenants that are able/willing/capable of bumping you for rent/deposits. And very hard to tell who is going to do it.

Yes. Unfortunately it's not the first time I've been stung by people I'd not have expected it from.

davidmcn wrote: »

No matter which country they're in, you can hardly pursue them until you get an address. I expect tracing agents exist in Spain, but you'll need to consider whether this is all throwing good money after bad.

I suppose I need to look into how much it may cost to trace them and then decide if it's worth the time/effort/expense to pursue further. I know their old place of work (in Spain) and town they live in so I doubt it would take much effort from a tracing agency. I'll also take a look at the court fees that may be involved.

Thanks for the replies.

Borden

00ec25 wrote: »

A CCJ is pointless against someone who is abroad and debt enforcement in Spain will cost you more than the rent.

Focus on the court action necessary for you to legally repossess at the earliest opportunity and forget about the remaining lost rent.
The focus on re-letting once you have possession

what written evidence do you have of "abandonment"?

The European justice website states there are no court fees in Spain for using the European Small Claims Procedure, so it may be worth pursuing if I can get their address (depending on cost of tracing).

I have WhatsApp messages only. Firstly stating they've left and secondly that they will not be returning.

GDB2222

I think you can be practical and relet the property. If they have told you they have left, and the place is empty, you don’t need a court order. Have they returned the keys?

It makes no sense to leave it empty for the fixed term, just to generate a claim for six months rent, if you can easily re-let the place.