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Category: Property Law
Satisfied Customers: 33380
Experience:  Barrister at Self Employed Barrister
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How long have I got before I can claim? As they are not

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How long have I got before I can claim? As they are not working now, would it better to wait until I know that they are? Would this ensure that I could get an attachment t earnings? I don't want to spend money on taking them to court, when money is already
tight and no chance of getting any money back!
Customer: replied 2 years ago.
The tenants left in August this year. I still have not got a full and final settlement from my insurance company who are bei very obstructive and the police don't seem interested in recovering the items the tenants stole!
Hello, you have 6 years to make the claim. If they are in work you may have a slightly better chance of getting your money back but there is still never a guarantee of that so there will always be a risk. However, if they are in work then at least they have a source of income and the likelihood is a bit better and as you have correctly identified you could apply for an attachment of earnings order if you wanted to.
I would wait until you have sorted out the insurance claim before issuing proceedings. My colleague is right that you have 6 years in this case - but you are not allowed to claim from both the tenants and the insurance company for the same money - but you can claim for the sum which the insurance company do not pay. I hope that this help. Please rate positive.
Category: Property Law
Satisfied Customers: 33380
Experience: Barrister at Self Employed Barrister
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