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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69989
Experience:  Over 5 years in practice
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I have a tenant who has left my flat owing £1450 - he has also

Customer Question

I have a tenant who has left my flat owing £1450 - he has also left a newish oak side board , numerous clothes including jackets and coats and a sky TV set and box. How do I go about claiming my money back and am I obliged to return his things? I do not know where he has moved to.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this. Was there a deposit?
Customer: replied 1 year ago.
Yes - for £425 and that was registered with the Deposit Protection Service.
Customer: replied 1 year ago.
The £425 deposit is registered with the government agency Deposit Protection Service.
Customer: replied 1 year ago.
Apologies for not replying earlier -I have answered your question about the deposit -am now awaiting your reply. ..
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Do you have any contact information for him? Don't give it to me but do you have it? A phone number, an email address etc?
Customer: replied 1 year ago.
Yes I have a mobile phone number for him - he doesn't always pick up. I last spoke to him just before Christmas when he asked for yet another set of keys to the flat (he had already been supplied with 2 sets which he'd lost) . I refused as he had not paid the rent - hence he was unable to get back into the flat, (his 6 months tenancy expired in 4th January ) After that date I was (I believe ) legally able to return to my property which I obviously found unoccupied, but with all his things still here. I have thought of phoning him again but from what he said last time -he is not in a position to pay all the money as he was being chased for child support payments. Although I might sympathise tp an extent - he was verified by the agent as being employed as a welder an in receipt of a salary - so how do I go about claiming the rent he owes me?
Expert:  Jo C. replied 1 year ago.
That is easy enough.
You can deduct from the deposit. That will still leave a shortfall but you can sue for that amount here
www.moneyclaim.gov.uk
although I would send him a letter before action first.
You do need to give him a proper opportunity to collect his property though. If you have his mobile then you can send a text and have a copy of it so you can prove it.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
(I don't want to sound harsh but his personal child support situation is not my concern and if he could not afford to pay the rent he should not have taken the flat. ) Thankyou - I have just picked up your reply. I will check with the Deposit Protection Service re. the amount they hols and start the process of reimbursement from them . I will then do as you suggest and text him about his property and follow procedure on the link you provided. Thankyou very much. Am I still allowed to contact you if there is any problem with this or would it count as a separate enquiry?
Expert:  Jo C. replied 1 year ago.
Yes, no problem.
When you have rated you can ask as many related follow up questions as you like.
Jo C., Barrister
Category: Law
Satisfied Customers: 69989
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear Jo C - I am about to write to my ex-tenant informing him of my intention to start legal proceedings to claim owed rent. He left the flat in a horrible mess - which he was liable for via his deposit according to the terms of the lease agreement. Can I add the cost of the clean-up plus the cost of 2 sets of keys to what he already owes ?
Expert:  Jo C. replied 1 year ago.
What does the contract say about professional cleaning?
Customer: replied 1 year ago.
Nothing specifically, except it does say that the flat should be returned at the end of the tenancy in the same state in which it was let. The agent could verify that it was in immaculate order - he might say that he could not gain entry to clean the flat, ( but that was because he twice lost the keys) and I was within my rights not to issue him with more, as he had defaulted so badly on the rent.
Expert:  Jo C. replied 1 year ago.
You could try to claim for the cost of cleaning but you would need to show that the flat was in suitable disrepair. Make sure you take lots of photographs.
Customer: replied 1 year ago.
Hello again - I have obtained a previous address for my ex-tenant and sent a letter to him today (21stJan) as you suggested, outlining my intention to start legal proceedings for repayment of rent owed and disputing payment of the deposit to him . I have also begun a claim on the government website you recommended but am not sure whether to state on that site, the full amount I am owed - ( £1450) or that same amount less the £425 deposit which, as I said, I am making a claim for separately on the Deposit Protection website. (There is no provision on the government website page for any deposit details. ) Presumably, I just put down the total amount - explaining that I am claiming the deposit to be deducted from the total amount.? (Apologies if that seems like an obvious question.)
Expert:  Jo C. replied 1 year ago.
Sorry for the delay.You mean for the small claims court claim?
Customer: replied 1 year ago.
Hello again - www.moneyclaim. gov.uk is the website address you gave me and it is on that site that I am trying to fill in the claim details. Shall I put down the whole amount (£1400) or £1400 minus £425 (the deposit amount currently held by the Deposit Protection Service which you suggested I deduct) which would leave £975 plus any interest. (I have requested a 'dispute of deposit ' claim form from the DPS but have not yet received it.
Expert:  Jo C. replied 1 year ago.
Yes, the full amount minus £425 as you are claiming that eslewhere. £975 plust costs and interest.

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