Tenant is leaving before bailiff arrival date

Mr_GoldMine

So we have a bailiff arrival date in Aug 23, tenant is leaving before that (hopefully this week).  I Continue on from a previous post that has been closed for some reason. 

Total amount owed to us according to court judgement is 7.5k. 

That doesn't include

all the professional and legal fees we paid. Total circa 2k

Damages to property plus
At least 2 'builders' skips will be required, they have been dumping in the back garden and have rammed it with waste and old furniture and old appliances. 

As I plan to take this couple to court for arrears and damages... 


I ask again, is it really worth it for me take these to court for
I) arrears 
II) damages, repairs etc
III) cleaning bill
Iv) compensation for stress inconvenience etc etc 

All of these or a combination of these?

The tenant has been sending me letters (via their solicitor) saying he wants to pay a much lower amount and wants to return keys. Bull#### off course. He ignored our requests last year to liaise with a property management company we assigned, he hasn't cleared the back garden and he isn't acknowledging the rent increase from last year despite the county court doing so... 

He is also requesting bank details despite him paying by bacs from Jan 2016 to Sept 2022 previously. I have reminded them of this also in a letter. 

I have replied to him reminding them of last year's land lord requests and told them to forward any queries to the assigned letting agent. 

In the community the tenant is spreading some word that they are Trying to pay their balance (their version) and wanting to return their keys... Trying to make it look like the landlord is being neglectful and is in the wrong.... 

The moment the tenant leaves I will be re entering and documenting the state of the property by video and photos to work out how much we need to spend to get this rentable again or to restore it to the condition we gave the house in to this tenant.

I know we have a lay person here and she advises against taking action because it is of no use. 

How much more would I lose in 'fees that is' if I did take this couple to court for all my loses and expenditures... 

Thanks in advance... 

Those who want to take the tenants side please for once see it from our perspective.. Yes its a loss like a business and a learning experience but here we are trying to explore ways on mitigating against that because what the tenant has done here is clearly wrong...... 

PartyOfFive

You’re asking a question akin to how long is a piece of string.

It’s only worth taking them to court if they have the money to pay what they owe. The tenants sound like skilful avoiders of debt, so any successful Court action would potentially be meaningless, unless you are willing to throw money at ever escalating debt collection methods.

You seem to want some sort of retribution, which is natural, but it’s going to cost you more money than what you’ve already lost. Only you will know if it’s worth it or not.

Your previous thread escalated to such a degree it was closed.

I really don’t know what you’re hoping to learn from starting a new thread that you didn’t in your other.

MultiFuelBurner

As I remember it they own a coffee shop which is doing well? A limited company but it does appear they are concerned about their appearance locally.

All things you can use to your advantage.

They may not want court action against them for the monies owed again this will.be to your advantage.

Maybe start with a money claim online

_Penny_Dreadful

Mr_GoldMine said:

So we have a bailiff arrival date in Aug 23, tenant is leaving before that (hopefully this week).  I Continue on from a previous post that has been closed for some reason. 

Total amount owed to us according to court judgement is 7.5k. 

That doesn't include

all the professional and legal fees we paid. Total circa 2k

Damages to property plus
At least 2 'builders' skips will be required, they have been dumping in the back garden and have rammed it with waste and old furniture and old appliances. 

As I plan to take this couple to court for arrears and damages... 


I ask again, is it really worth it for me take these to court for
I) arrears 
II) damages, repairs etc
III) cleaning bill
Iv) compensation for stress inconvenience etc etc 

All of these or a combination of these?

The tenant has been sending me letters (via their solicitor) saying he wants to pay a much lower amount and wants to return keys. Bull#### off course. He ignored our requests last year to liaise with a property management company we assigned, he hasn't cleared the back garden and he isn't acknowledging the rent increase from last year despite the county court doing so... 

He is also requesting bank details despite him paying by bacs from Jan 2016 to Sept 2022 previously. I have reminded them of this also in a letter. 

I have replied to him reminding them of last year's land lord requests and told them to forward any queries to the assigned letting agent. 

In the community the tenant is spreading some word that they are Trying to pay their balance (their version) and wanting to return their keys... Trying to make it look like the landlord is being neglectful and is in the wrong.... 

The moment the tenant leaves I will be re entering and documenting the state of the property by video and photos to work out how much we need to spend to get this rentable again or to restore it to the condition we gave the house in to this tenant.

I know we have a lay person here and she advises against taking action because it is of no use. 

How much more would I lose in 'fees that is' if I did take this couple to court for all my loses and expenditures... 

Thanks in advance... 

Those who want to take the tenants side please for once see it from our perspective.. Yes its a loss like a business and a learning experience but here we are trying to explore ways on mitigating against that because what the tenant has done here is clearly wrong...... 

As I said on your previous thread, winning a judgement is one thing, enforcing it is another.  Personally for all MCOL would cost I’d do it. 

1) Arrears - yes
2) Damages and repairs - yes but remember that you’re not entitled to betterment, you don’t get new for old. 

3) Cleaning - yes but with the same caveat as above. For 2 and 3 you’ll need good check-in and check-out inventories. 

4) Forget about it. You’re not getting compensation for stress or inconvenience. 

Herzlos

Is the much lower amount the previous contracted rate, or a figure below that?

As previously, you can claim for any money you can prove you are out of pocket by.

The arrears would presumably be based on the old contract as you don't have a new contract signed. Damages, repairs and cleaning at what it cost you. So you may be better hiring a company to do all of that work and pass on the bill.

Of course that assumes you'll get any money out of him anyway. Though even from your biased account he doesn't seem entirely unreasonable (since he's wanting to return keys and pay something) so maybe you'll manage to sort something out at mediation before court, which will save you some money/hassle but will mean you don't get your vengeance.

Mr_GoldMine

Herzlos said:

Is the much lower amount the previous contracted rate, or a figure below that?

As previously, you can claim for any money you can prove you are out of pocket by.

The arrears would presumably be based on the old contract as you don't have a new contract signed. Damages, repairs and cleaning at what it cost you. So you may be better hiring a company to do all of that work and pass on the bill.

Of course that assumes you'll get any money out of him anyway. Though even from your biased account he doesn't seem entirely unreasonable (since he's wanting to return keys and pay something) so maybe you'll manage to sort something out at mediation before court, which will save you some money/hassle but will mean you don't get your vengeance.

His letter states 

Old rate 550 pcm for missed months, court fees of 355.

We've been wanting the keys for the past year... At least... Why didn't he give it then.. Anyway without digressing let's stay on the litigation aspect please. 

Based on how he has ignored me, treated me in the past,..... I don't trust him.... Our relationship is severed.... 

theartfullodger

Wait and see if tenants actually do move out (if so celebrate!).

A much better result than court, legal fees, agro...

theoretica

Does the letter from his lawyer preclude you claiming for damages to the property? You could accept the rent and then pursue any damages above the usual lifetime of a rental property.  So a question is whether you are absolutely certain your rent increase was legally water tight.

Mr_GoldMine

theoretica said:

Does the letter from his lawyer preclude you claiming for damages to the property? You could accept the rent and then pursue any damages above the usual lifetime of a rental property.  So a question is whether you are absolutely certain your rent increase was legally water tight.

no, i have not mentioned any claim for damages for repair or the clean up yet, i just have proof of me letting the tenant know that last year neighbours have complained and that we agreed tenant would tidy his mess up in the garden and the house itself (this was agreed in June 2022 before it all went pear shaped) and no the tenant didnt keep to his word....

our legal advisor said, lets get a repossession judgement and the tenant out first, then we can start the claim for the unpaid rent etc... so basically waiting for the tenant to go, after that we have to wait until the tenant resettles i think, only then we can start a claim once we have a new address for the tenant...

the rent increase of £100 aftre 5 years, compared to the current market rate was in general a fair increase... i'm not sure about water tight, except the judgement includes taking into account the rent increase in June 2022 by £100 (to 650pcm) and that the daily charge is something like £22 after the warrant for possession was issued. To me, the County Court has acknowledged that the current rent is £650 pcm.

[Deleted User]

Do they have the money you want? If they don't, taking them to court might not make things better.

They money they might have given to you will go on defence.

motorman99

I’d definitely get a ccj on the tenant. It doesn’t cost much, and even if you don’t get paid it will prevent another landlord taking him on as long as they do a credit check. 

As a landlord myself, I wouldn’t rent to anyone with a ccj. No matter what the story was. 

It might be antisocial of me, it might be unkind, but I want tenants that have the most likelihood of paying me. 

And….since 1994….so far, so good. So why take the chance?