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

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    #46
    I'd write something in the name section like: 'Jointly suing two people. Please see paper attached.'

    Comment


      #47
      Which form are you using, you should be using the N1 form, or do it online, the max. you can claim in small £10k.

      Success depends on your claim and how much supporting evidence you. Does the guarantor own a property? If so, I would be inclined to go for them, there is much more success if the T doesn't have any assets.

      Comment


        #48
        You need to sue both of them, or just the tenant.
        If you sue the guarantor, they have a simple defence, in that you haven't exhausted your attempts to recover the money from the tenant.
        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


          #49
          Yes, I am using money claim online. I just took a picture of the page where it states for me to name the person owing me.
          So I am stuck in between suing the tenant (who I am unlikely to get a dime from) but the guarantor owns a house and I have the information as this was gathered at the start of the tenancy.

          Comment


            #50
            Was guarantee enacted as a deed?

            Was guarantor given guarantee and AST to review before signing? And told to get legal advice?

            You sue them BOTH same time, same sole document. If uncertain how to engage solicitor with expertise in guarantee legal cases.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #51
              ash72,

              Yes, I am using money claim online. I just took a picture of the page where it states for me to name the person owing me.
              So I am stuck in between suing the tenant (who I am unlikely to get a dime from) but the guarantor owns a house and I have the information as this was gathered at the start of the tenancy.

              If they owe me £11,000k but can only claim £10,000 should I just specify 10,000k and let go of the rest as it asks me to insert my costs online.

              Thank you I have all my evidence,
              Tenancy agreement
              Guarantor
              Rent statement showing monies owed
              court eviction order
              ​​​​​​(stating for tenant to pay all she owed me and legal costs)
              Letter before action(sent to both tenant and guarantor)
              Invoice of damages and repairs

              I am hoping this will be sufficient (from your experience)
              ​​​​​​​Thank you

              Comment


                #52
                theartfullodger,

                Thank you

                According to the estate agent, ​​​​​​and to the best ofmy knowledge the guarantor was given guarantee and AST to review before signing and told to get legal advice.
                I however acknowledge that this is my word against the tenant and guarantor which may be tricky...

                I am unsure how to find a solicitor with such expertise as I have never had to do this before. I have searched and I keep contacting the wrong people.
                Is there somewhere on this site where I can contact such solicitors please. (I apologise for any inconvenience my query might pose)

                Comment


                  #53
                  jpkeates,

                  I have no new address for this tenant.
                  I had written several times before moving out reminding them of the debt and this was just ignored.
                  No forwarding address was left and I have received tons of other debt letters since property has been vacated for the same person.

                  I am at my wits end.
                  What other way can I Attempt to recover my money from the tenant.
                  I have also sent them (tenant and guarantor) a letter before action offering them a payment plan since they moved out.

                  I only found out the tenant owes other companies after I took my property back.

                  I'm so confused.

                  Comment


                    #54
                    Advertisers on the site use the Directory section.

                    If someone owed me £11k, I'd use a solicitor rather than small claims.
                    Particularly if there was a guarantor involved.

                    If you live in or near a small town there will usually be a solicitors firm or two around the high street, often above a row of shops.
                    Most of them will give you 5 minutes to explain what you want to do, so they can advise about their expected costs and approach.
                    I'd guess that this is now more likely to be a phone call than a meeting.

                    One of the most useful things that they might do is stop you wasting time on a lost cause.

                    According to the estate agent, ​​​​​​and to the best ofmy knowledge the guarantor was given guarantee and AST to review before signing and told to get legal advice.
                    I however acknowledge that this is my word against the tenant and guarantor which may be tricky
                    You're not going about this the right way.
                    You want written confirmation from the estate agent that this was definitely the case.
                    With a solicitor involved, it can be a sworn statement.

                    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


                      #55
                      Thank you very much for your candid advise.
                      I will get a written statement and find a solicitor who can advise and act on my behalf.

                      Thank you.

                      Comment


                        #56
                        Originally posted by hadiolar View Post
                        Thank you.
                        A pleasure - and good luck!

                        Everyone has problems and everyone gets into debt.
                        There are people who try and deal with their problem - and for whom I have every sympathy,
                        and there are those who just don't want to pay what they owe, and they need to be held to account.
                        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


                          #57
                          You’re not using moneyclaim online, you’re using the Government’s beta version of claim online. Moneyclaim online can be found at www.moneyclaim.gov.uk - there you can claim against two defendants jointly. It’s a fairly simple process so I don’t know whether you would really need solicitors (you won’t be able to claim their costs except £50).

                          Comment


                            #58
                            ChrisDennison,

                            I will check the link you sent.

                            Comment


                              #59
                              ChrisDennison,

                              thank you so much. You were right as I was using the wrong page.

                              Can I ask a question please. After adding the total amount owed, it came to 10,400 which includes the court fee. Will I still be able to claim on here

                              Comment


                                #60
                                As its up to you what damage you claim for, you could probably omit one or two items to bring it within the £10k limit and that might be worth doing. I dont think you can do the same with the rent arrears.

                                Comment

                                Latest Activity

                                Collapse

                                Working...
                                X