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Alex J.
Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3516
Experience:  Two years conveyancing experience.
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Hi Stuart, Hope you are well. We have a AST with a tenant,

Resolved Question:

Hi Stuart,
Hope you are well.
We have a AST with a tenant, which expired in July 2014. We have served a S21 notice to this tenant, who had paid his rent on time up to the end of September. According to the S21 notice, he needs to move out 31 Dec 14.
His rent is one month in arrears now. We have one month deposit with DPS.
I just heard from his housemate that he wanted to move out on 16th November, however, I have not received any notice from him.
Could you kindly advise what is the best to do now? I wouldn't mind him moving out on 16th Nov, however, I am concerned that his deposit is not enough to cover his rent to this date.
Thank you.
Submitted: 2 years ago.
Category: Property Law
Expert:  Alex J. replied 2 years ago.
Alex J. :

Hi, Thank you for your question and welcome. Rent arrears are a simple money claim. If he has not paid his rent then you will have to sue him. It might be worth doing this after he has left, so that he does not do anything malevolent. Also make sure you get a forwarding address from him so you can serve proceedings.


https://www.moneyclaim.gov.uk/ you can start a money claim here.

Alex J. :

I look forward to hearing from you.
kind regards AJ

Customer:

Thank you. how do I have get a forwarding address from him? if he has decided not to pay for the last 16 days rent, it is almost certainly that he would not let me know his forwarding address.

Alex J. :

Hi, Thank you. Do you have agents dealing with this? Can they ask for his address?

Alex J. :

The alternative is you ask his house mate or

Alex J. :

you ask for a forwarding address when you negotiate his leaving on 16 November?

Alex J. :

Kind regards AJ

Customer:

The house is a 8 bedroom house. we let out the rooms individually. I dealt with the tenants directly. I do have his previous address, which is his brother's address. but I am not sure if this address is still valid. by the way, will a money claim create a ccj against this tenant?

Customer:

This tenant has obviously decided not to communicate with me, as I have not heard from him at all. I only found out that he was moving out on 16th Nov from the other tenant, who wanted to move into his room after he moves out.

Customer:

I am wondering what I can say to him to be threatening enough for him to make the payment to me straight away, rather than leave it to legal actions. can I start the money claim now?

Alex J. :

Hi, Yes the money will create a CCJ if you obtain a Judgment.

Alex J. :

You can serve him on his last known address.

Alex J. :

If the rent is over due, yes you can commence proceedings, but you would be recommended giving him 7-14 days to pay up first.

Alex J. :

You could say to him that you wont be in a position to give him a reference for future properties.

Customer:

ok. thank you. if I say to him now that I need the rent within 7 days, otherwise I will start a legal action. does this sound valid and threatening?

Alex J. :

You dont want to threaten him, you just need to be assertive. Say to him if he does not pay in 7 days, you reserve the right to take any action available to you including county court action if appropriate.

Alex J. :

Do you have an agent that can send this for you?

Alex J., Solicitor
Category: Property Law
Satisfied Customers: 3516
Experience: Two years conveyancing experience.
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