arrears and damage

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    arrears and damage

    Hi, I have recently had 2 tenants leave Mother and daughter and 2 kids. They had been in arrears since Feb and left owing £2130.

    I had £1040 deposit signed to me and they signed an agreement to pay arrears over 12 months, they moved out a day before they said they were going to and moved to a different address to what they wrote on the arrears agreement form and a different town. Luckily i was one step ahead and had a neighbour in the street alert me to activity and had a call the day before the removal were there and followed removals van, ended up losing the van 3 times but saw what town they were heading for and drove round all the estates they were likely going to in that town being of similar affordability and found the van and their new address. They were supposed to meet me to hand me the key but left it under the pot and emailed me to say they saw no need to see me.

    On entering the house is not in a good state, it smells of dog and cooking fat, oven has burned the kitchen cupboards as one of them was running cake making business from there which i only found out about during lockdown, carpets 23 months old are ruined with filth and many stains, toilet never been cleaned, bath panel broke, curtain poles ripped off. I have pictures of before they moved and pictures now, smoke alarm broke, decking in garden collapsed, holes and dents in walls, all walls filthy, it would not seem as bad if they had been there seven years but it was a 23 month tenancy and carpets curtains and paintwork all new.

    I am fully expecting them to default on the monthly agreement based on the fact they wrote a false address on it so which is why i knew i had to try and get new address, so if anyone can help with following queries

    1, how many days do I have to notify them i want to claim damages on top of arrears
    2, would other landlords persue them for damages or just be glad they are gone and move on?
    3,I have pictures of the renovation prior to their tenancy 23 months ago and pictures now but not sure I have an inventory and they left without doing a check out report with me, i had written to them regarding what was expected of them regarding cleaning and damage etc but they did nothing
    4, can i go small claims route with arrears and damage?

    they broke 4 clauses already in the agreement:

    Not paying on time and accruing arrears,
    Moving other tenants in without my knowledge
    running business from there without knowledge or permission
    doing something that could void an insurance policy (running business)


    I am in a position to serve them as i know their new address, my first email to them after they moved has been ignored but they do not know i have their new address. I have also found out the owners details of new property but is there a law to stop me warning him of what he has let himself in for?

    initially the tenancy was 1 old lady, the daugter and kids had moved in with her but behind my back which i found out about 20 months after and daughter had been running cake business, i could not make her leave due to lockdown nor would that be seen to be reasonable to make mother and 2 kids homeless so agreed for them to stay till they had sorted other arrangements as long as she signed tenancy agreement to be liable also for arrears.

    Any advice would be very much appreciated.

    thanks

    Doug

    #2
    Originally posted by Dougie99 View Post
    1, how many days do I have to notify them i want to claim damages on top of arrears
    2, would other landlords persue them for damages or just be glad they are gone and move on?
    3,I have pictures of the renovation prior to their tenancy 23 months ago and pictures now but not sure I have an inventory and they left without doing a check out report with me, i had written to them regarding what was expected of them regarding cleaning and damage etc but they did nothing
    4, can i go small claims route with arrears and damage?
    1 - Theoretically, you have six years. But a few weeks is reasonable.
    2 - I would. I'd be glad they'd gone, but that's not enough to stop me holding people responsible for what they do.
    3 - You have to be able to show that your loss was caused by the tenant to a judge who will decide on the balance of probability (so is it more likely that the tenant did the damage than not). So your evidence needs to support that.
    4 - Yes. You can only pursue the arrears if they don't keep to the payment plan agreed.

    I have also found out the owners details of new property but is there a law to stop me warning him of what he has let himself in for?
    You are allowed to tell them the truth.

    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


      #3
      I applaud you on your forward thinking in regards '' tailing '' them, very smart. I agree with the above comments, i feel for the new landlord...... and in my opinion if you had, had the opportunity to evict them and their two children it is not you who is responsible but the adult who has decided not to pay the rent whilst earning monies from a business and i would guess paying zero tax !

      Comment


        #4
        I would pursue them - tenants like that deserve to be forced to pay what they owe! Sometimes it is difficult to pay rent but there is no excuse for living in filth and trashing other peoples property.

        I would write to them at their new address detailing the charges you are raising and the revised payment plan you are proposing to cover the damage - once they realise you have their new address they may feel more inclined to pay. Then pursue a MCOL as soon as they default.

        I think it unlikely you will get anything other than the deposit and maybe a payment or two but getting a CCJ against them may help prevent them doing this again to another LL and show them there are consequences of bad debt.

        Then accept your losses and move on - I hope you get better tenants next time

        Comment

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