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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49850
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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One of my tenants owes me a years rent approx. £6,000. I have

Customer Question

One of my tenants owes me a years rent approx. £6,000. I have given them an eviction notice ( two months ). How can I get my money ?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Do you think they have the money to pay you?

JACUSTOMER-977du4kp- :

The tenants say they have no money and are trying to claim housing and other benefits

Ben Jones :

Do you hold a deposit for them?

Ben Jones :

Well your options of recovering the unpaid rent are as follows:

1. If you have a deposit from the tenant you can offset any unpaid rent against it. You can keep all of the deposit if necessary if it is to cover unpaid rent.

2. As the deposit itself is unlikely to cover all of the rent that is owed, you can then consider pursuing the matter further. This would usually be done by taking the tenant to court for the remainder of the money that is owed. However, you must consider whether this will result in you getting your money back because even if you go to court and win there is still no guarantee you will get anything back. If you win then that will mean you have a court judgment in your favour but the tenant could imply refuse to pay what they have been ordered to and it would then be down to you to try and enforce this judgment. This could include getting the bailiffs after him, trying to get some money deducted directly from his wages, etc. However, if he does not have much money or assets then he may not actually be worth pursing because the time, effort and costs associated with trying to enforce the judgment are likely to outweigh the potential returns.

So you do have rights which you can pursue, it is just that you need to consider the individual circumstances of the person you ate pursuing and come to a conclusion whether it is worth pursuing them further. It would eventually come down to comparing the costs of taking the matter further and the potential returns - if they do not balance favourably towards the potential returns, then you may have to take the difficult decision that it may not be worth taking this any further and write off the debt as you could end up losing even more than you have already lost.

Ben Jones :

Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much