Rent arrears claim

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    Rent arrears claim

    I had my troublesome tenants move out last year in March. They were a family of 2.4 who have left me with rents arrears of just under £14,000.
    All of the tenants are named on the tenancy agreement who are all above the age of 18. I’d like to know if I can start legal proceedings against all for of the tenants or just the person who signed the tenancy agreement?

    I’ve had a look on mcol website which states that I cannot have more than 2 people as defendants on the claim.

    Even though I hand delivered LBA at the time when the tenants moved out, I will write to them again and use proof of posting from 2 different post offices and give them 14 days to reply. Will this be sufficient?

    Any advise will be much appreciated on how to go about trying to collect the outstanding rental arrears.

    Ps, are there any no win no fee companies who can undertake such cases?

    #2
    Do any of them have regular jobs or assets? If not then the best you can hope for at this point will be CCJs

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      #3
      all of them have regular jobs but no assets as far as i know.

      i'd be happy with CCJs/bankruptcy.....

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        #4
        Given the staggering amount of rent arrears, I'd want every penny of that repaid!

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          #5
          What's a 'family of 2.4' ?



          Freedom at the point of zero............

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            #6
            Originally posted by Interlaken View Post
            What's a 'family of 2.4' ?
            Sorry, i meant 2 parents with kids.

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              #7
              How many people are over 18? 2 or 4?, before you can put in a claim you need to send the ex T's a pre-action letter (if you haven't done so), once the 30 days time frame has elapsed you can then proceed to your claim, if there are more than 2 people you wish to claim from, then you need to contact Money Claims Centre as you stated you wont be able to do so via the online route.

              If they are working and you receive judgement then you can enforce an order against their salary's.

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                #8
                SCC is limited to £10K

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                  #9
                  The only people you can sue are the tenants who owe the rent.
                  Other family members don't have any share of the debt.

                  I'd suggest involving a solicitor at this point, as the claim amount is higher than the small claims court limit, but I'd want to recover the money if at all possible.
                  When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                  Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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                    #10
                    I wonder if o/p could get some small amount (£4k) paid on account, and then sue for the remainder, to keep it under the £10k?

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