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ukfamilysolicitor
ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 725
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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All I have a tenant who owes my over a £1000. in rent and

Customer Question

Hi all I have a tenant who owes my over a £1000. in rent and on the 12th of next month it will be £1450. not taking in to account of the state of the house. the tenant will not answer the phone and will not communicate via tex . I have been told by a friend that they are leaving the property and moving into a pub in the same town. my question is, can i take them to court for the rent and the repairs to the property after the have left. I cannot advertise the house as i don't know if the have left or not, and can i claim for a months rent if they have gone. its not possible for me to visit the house as i have a big work load and its a long way from were i live Regards Jjeb
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Hello
Welcome to Just Answer
I am a Solicitor and will assist you.
In respect of any rent that is not paid. You can also claim for the notice that should have been given if a fixed term tenancy agreement was signed then your tenants made themselves liable for the full rent on a month by month basis.
In respect of damage to the property it is not possible to claim for general wear and tear but you can for other damage that you have to repair or replace. It would assist your case in this regard to have some proof of the condition of the property at the start of the tenancy.
If there was a deposit supplied by the tenant at the beginning of the tenancy you should consider keeping this. You must formally write to the tenant detailing why you intend to keep the deposit, providing evidence for damage caused and any repair work required. If you are unable to locate the tenant - if they have moved address - you must satisfy the deposit scheme used that you have used your best endeavours to contact the tenant.
If the rent deposit doesn't cover all the outstanding rent and repair/ replace costs then write to the tenants settling out that if the money is not paid then you will go to court. You should explain that you are giving them 14 days otherwise you will make an application to the court.
If the payment doesn't come then you should issue proceedings in the county court.
There are 2 ways to do this:
1)completing form N1 and taking it to your local county court
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf
or
2) online at www.moneyclaim.gov.uk
The claim will then be issued by the court and a copy would be sent to the defendants. The defendants would only have a limited time to defend your claim and if they didn't you could then enter judgement against them and seek enforcement.
As the claim is less than £10k - you don't need legal representation and it will be dealt with as a small claim.
Kind Regards
Caroline
Please kindly remember to rate positively. No credit is received for our work unless positive feedback is received.
Expert:  ukfamilysolicitor replied 1 year ago.
Please kindly remember to rate positively - thank you

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