Please help after Possession Order & Money granted-Tenat refusing to move out

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    #31
    Originally posted by Interlaken View Post
    How much are you suing for as that clause you quote is for over £5000. Sue both T and G.

    Take a good look at the Guarantor document - was it executed as a deed?
    As at the day of eviction, it would be £8800. I was confused by the quote as it was highlighted on the MCOL website and I thought it meant I can only claim for up to £5000 but from your explanation it may mean I am able to claim for the amount they owe me.

    I am not sure if the guarantor was executed as a deed because the estate against did all the paper work but I will check the paperwork with me later (I am hoping the document will state deed on it somehow).

    Thank you for your reply I am grateful.

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      #32
      Originally posted by hadiolar View Post
      ​​​​​​-If I may ask, what is an LBA?
      Letter Before Action.

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        #33
        Thank you. I now understand.
        Once I have taken possession of the property and checked for extent of damage, I will send out an LBA to both T and G then proceed with the MCOL claim.


        Hoping I can find a draft of the LBA somewhere on this site or just make one up.
        Thank you

        Comment


          #34
          @JKO if I may ask,

          -When I send the LBA to the tenant at the last known address (mine), do I send a similar letter addressed to the guarantor at her own address. Or do I simply name both tenant and guarantor on one letter and send that off as I plan to sue T &G jointly
          - when I have assessed the extent of damages to my property and got estimates, do I add the cost of damages to the LBA demand

          For example
          Amount on money order
          cost owed till date
          court cost for PCOL
          court cost for MCOL
          Damages cost

          I appreciate your advise

          Comment


            #35
            For courts, rather than adjudicators, I have always been told that you can only sue for expenses you've already paid out for.

            Therefore I would wait until after you rectify any damages, and have paid invoices to show his lordship.

            Yes, you do need to send a separate LBA to all parties you are suing.

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              #36
              Thank you very much

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                #37
                Thank you and hope we are all safe. Thanks to all that helped me retrieve my property after a long drawn out eviction process. I sent a LBA to the tenant and guarantor one month ago and no response. I received the letter below from the tenant with these claims kindly assist as I know its his way of manipulating me but I will still go ahead to claim money owed.

                "I just wanted to let you know I have instructed a solicitor on regards to the money owed. Agent charged me £900to pass my credit check at the beginning, so he knew I did not qualify for the rental and also over charged the council £100 on the deposit and upfront he also never met my guarantor. I have emails and txt to prove all of the above. I just wanted to update you on why you have not received any money. "

                None of these issues were brought to my attention before now and had a money judgement alongside the eviction order and want to know how to deal with this claim by the tenant and what my chances are.

                Thanks for your help.

                Comment


                  #38
                  Have I understood correctly and the court awarded you the rent owed (and possibly costs) as well as possession?
                  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).

                  Comment


                    #39
                    Thanks for your input.
                    Yes I was awarded outright possession (14days to vacate premises and pay money owed including court fees) which the tenant did not Abide by. Balliffs were instructed and I got the keys back.

                    Comment


                      #40
                      There have been a number of threads about this.

                      The simplest solution seems to be to complete Form N316 and pay £50.00 when you submit it.
                      The tenant is required to attend a court and give details of their income and assets.
                      Some notes on the process here - https://www.moneyclaimsuk.co.uk/orde...formation.aspx

                      I've never actually done this, so it would be great if someone with actual experience jumped in.

                      An alternative is to make a money claim against the guarantor for the tenant's unpaid amount.
                      You shouldn't be able to make a small claim (mcol) against the tenant, because the matter has already be decided by a court.
                      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).

                      Comment


                        #41
                        Thank you.

                        I think I will probably chase the guarantor (who has a home and declared this when the tenancy started) as I am owed over £8,000 and the tenant ignored all requests which has left me with chasing the guarantor as I do not think the tenant can pay but like you said if there is someone on the forum who has followed the N316 route then I could possibly consider but I am not sure if the tenant has any asset.
                        Thank you for your time.

                        Comment


                          #42
                          If the tenant has no money, your only option is to claim it from the guarantor.

                          An issue is that guarantee agreements are notoriously difficult to make stick.
                          So you want to make sure that route has any chance of success.

                          Guarantee agreements do allow a fair amount of family/reputational pressure on the tenant.
                          So the court papers arriving might stimulate some activity.
                          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).

                          Comment


                            #43
                            Thank you for this.
                            I have read about the issues with the guarantor agreements and I'm hoping that starting the court process can get the tenant to pay.
                            I realised after I got my property back that the tenant is a chronic debtor as several debt letters came in for her.
                            Maybe finding a solicitor to help me with this process will help as I am trying to be optimistic but know chances of retrieving from the tenant is slim but I want to hit the guarantor hard.
                            Thank you once again

                            Comment


                              #44
                              Good morning,
                              Hope I can get some clarity to my issue
                              Background
                              Tenant left in April 2020 with monies owed (Court eviction active)
                              outstanding rent-£8000
                              damage to Ppty-£3000
                              letter before action sent to both tenant and guarantor -No response and no payment made to me
                              Money claim started

                              issues
                              Defendant- I want to sue both guarantor and tenant however on the form there is only space to insert one individual (How do I sue both people).
                              I have the guarantor agreement and the only logical explanation thing to do is to sue the guarantor (owns a home).

                              Claim amount comes up to £11,000( is there a minimum amount I can claim here?)

                              What are my chances of success.
                              Hope someone can help.
                              ​​

                              Comment


                                #45
                                Use Money Claim Online?
                                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).

                                Comment

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