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Ross Miller
Ross Miller,
Category: Scots Law
Satisfied Customers: 2456
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I was looking into recovering debt from a tenant who has

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I was looking into recovering debt from a tenant who has defaulted on several months of non payment. They have now submitted written notice to end the tenancy and I am starting to investigate how to recover the rent owed
JA: Where are you? It matters because laws vary by location.
Customer: South Lanarkshire East Kilbride
JA: What steps have you taken so far?
Customer: nothing official. They have now requested to leave as I told them the missing rent cannot go on just because of Coronavirus
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that is all,,, that I can think of

Hello, thank you for choosing our service, I will be the expert assisting you with this matter today.

Please note there may be delays between messages as the experts on this website are all third party and are not on here full time however, I will respond to your question today. I look forward to assisting you.

Thank you

Thank you for the information. The first step is to contact the deposit agency you registered the deposit with and raise the issue with them and state they have not paid. Once you show them this is the case the you will be able to keep the deposit they paid in terms of unpaid rent. If this does not cover all the rent you are owed then you can use the small claims process (known as simple procedure) to obtain the rest of the money from them via the court system.

You can complete the forms for a small claims action easily online. You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory. If you feel you can do this yourself then you don’t really need to hire a solicitor but I will provide details for you in case you feel you want to. You will then receive a response to the claim and a court date. On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge and they will response. The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

If you require any help moving forward on this matter in the future, please do feel free to come back to us and I would be more than happy to assist.

Kindest Regards.

Customer: replied 24 days ago.
thank you

You are welcome I wish you all the best.

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