Tenant left without paying rent

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  • Tenant left without paying rent

    Hello,

    I ave searched long and hard through these forums which provide interesting reads, but I can't seem to find an answer to my question.

    I have a tenant who originally moved in last year on a 6 month lease with his girlfriend. We did have quite a bit of bother with him and his girlfriend however his girlfriend moved out and everything began going smoothly.

    He signed a new contract for 6 months, and then one month into it he phoned up and said he had moved out as his dad was ill. I have kept th edeposit from him which he agreed to, however he still owes 5 months rent on his tenancy. Obviously his dad is ill so not too bothered about claiming the whole 5 months back and happy to accept one month as he left the place in a right mess which the dpeosit paid for, however the flat has bene left empty for over 1 month whilst getting new tenants in, hence I am now in a loss.

    I have spoken to his guarantor who is his uncle, and his father who promised me we would get the £500 within a few weeks as he was getting inurance money. Each deadline came and went without the money. It has now come to the stage where I just want to recover my los.ses and get the £500 back.

    Am I right in thinking that if we go through courts, we would be entitled to the full 5 months rent that he never paid?

    Also, for an easier solution, are there any specific forms to send to a guarantor in order to make them pay the debt, as I can't seem to find any, however it seems a bit of a watse of time if you can't get the moeny from the guarantor either?

    Any help would be much appreciated.

    Thanks

  • #2
    Yes. Although it sounds harsh, T did sign-up to a six-month letting which (I assume) is still running. If T won't pay, guarantor must. You as L are not under any duty (during the fixed term) to mitigate your loss. Of course, if you do re-let during it, the new letting impliedly:
    a. accepts his surrender by operation of law; and
    b. ends his ongoing liability for further rent (but rent for part of term until then is still recoverable from him).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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    • #3
      how would i go about making him pay, does it have to be through the courts as i assume this will take forever and end up not beign worth it or is there something i can send him??

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      • #4
        Just a suggestion!

        You could try using the small claims court against the Guarantor. This maybe a speedier resolve, lucky you don't have to go for possession. I assume DPS or the scheme you use have released the deposit to you on the information provided by you and the tenant?

        I personally would ask the tenant to confirm the reason he has broken the AST agreement in writing, if I need to present it at any time.

        Just my thoughts!
        Last edited by FRESH; 10-04-2008, 17:22 PM. Reason: Mistake

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        • #5
          You could send "the boys" round?!

          Get after the guarantor. Hopefully you made sure he was a property owning UK resident you can get your teeth into.

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          • #6
            Yeah I did make sure he was property , however I am just unsure as to how I go after him. If I ring him, he either doesn't answer or says he will give the money but never does. Ideally need something to send to him that's likely to make him think twice about 'forgetting' to send the money!!

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            • #7
              Originally posted by natalie_c View Post
              Yeah I did make sure he was property , however I am just unsure as to how I go after him. If I ring him, he either doesn't answer or says he will give the money but never does. Ideally need something to send to him that's likely to make him think twice about 'forgetting' to send the money!!
              Send him a letter requesting the monies and state that if this is not paid within 7 days then you will pursue the matter via the small claims court.
              If no reply by day 8, then do just that.

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              • #8
                Alternatively, you might want to get a solicitor to write the letter. It'll probably cost £10-£20 but shows you mean business.

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                • #9
                  I suspect that letter will cost nearer £30 - £40! Good solicitors ain't cheap!

                  P.P.
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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                  • #10
                    Originally posted by P.Pilcher View Post
                    I suspect that letter will cost nearer £30 - £40! Good solicitors ain't cheap!

                    P.P.
                    And bad ones are even dearer in the long run !!

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                    • #11
                      Originally posted by P.Pilcher View Post
                      I suspect that letter will cost nearer £30 - £40! Good solicitors ain't cheap!

                      P.P.
                      Be realistic. To set-up any new client file and send initial client care letter, inc. request for new client's ID, costs about £30 of time.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment

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