Departing tenant caused damage greater than deposit

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

    Departing tenant caused damage greater than deposit

    Hi,
    Can I sue, my soon to be ex-tennant ? She moves out at the end of this month and unfortunatley the amount of damage she is going to leave behind her is going to far outstretch her bond money.
    I would like to think I could take her to the small claims court to reclaim my cost.

    #2
    Originally posted by vergil01 View Post
    Hi,
    Can I sue, my soon to be ex-tennant ? She moves out at the end of this month and unfortunatley the amount of damage she is going to leave behind her is going to far outstretch her bond money.
    I would like to think I could take her to the small claims court to reclaim my cost.
    Of course you can; whether you have any chance of winning is a completely different matter. That depends on several factors, eg is the deposit in an official scheme (if the tenancy began after April 07); whether you did a proper inventory which she signed, upon moving in.

    And if you do sue and win, you've then still got to get the money out of her...

    Comment


      #3
      can i sue

      thanks for your reply ericthelobster:
      thankfully for me I like to keep everthing legal and above board , so she does have an invetory which she signed and the tennacy started before april07 so thats not an issue.
      I know what you mean about actually getting some money out of her if I win in the smalls claims court , I think im just gonna threaten her with action and hope she coughs up, if not I will take it on the chin and move on.

      i am going to post a new question shortley titled IS POSSEION 9/10 OF THE LAW. maybe you could have a look an give me your opinion.
      It relates to the same tennant.

      Comment


        #4
        Originally posted by vergil01 View Post
        Hi,
        Can I sue, my soon to be ex-tennant ? She moves out at the end of this month and unfortunatley the amount of damage she is going to leave behind her is going to far outstretch her bond money.
        I would like to think I could take her to the small claims court to reclaim my cost.
        AS THE LOBSTER SAYS you can try, you have a case, you may well win lots of damages, what is certain is it will cost you time,stress and money, and you may end up trying to chase tenant unsuccessfully for payment for years
        Opinions given are mine, They are not necessarily correct, as the more I learn the less I know, You should always seek professional help.

        Comment

        Latest Activity

        Collapse

        • Reply to MCOL & PCOL
          by OS7
          Just to close of this thread : telephone hearing took place and after a lengthy hearing - the defendants application to set aside CCJ was dismissed and a CCJ with an instalment order was ordered by the Judge. He said he saw no real prospect of the defendant defending the claim, however to resolve he...
          30-11-2021, 05:44 AM
        • MCOL & PCOL
          by OS7
          Hello Everyone,

          Via Section 21,i have recently been granted a possession order for my property to happen in middle Jan 2021. The tenants are claiming housing benefit and they owe rent arrears and monies just under £7000 - I have applied for MCOL and now currently waiting to request judgement...
          04-01-2021, 14:16 PM
        • Reply to Letting Agent asking for commission of I renew tenants privately
          by meyou5ick
          I actually signed the terms in the beginning of the contract, and I have not witnessed this before but these guys had another page where they mentioned this. Now my issue is that given how abysmal their service was and me paying from my own pocket, I should have disbanded the contract then. The issue...
          30-11-2021, 04:32 AM
        • Letting Agent asking for commission of I renew tenants privately
          by meyou5ick
          Dear all,

          I was letting my place to tenants that were sourced by this estate agent. The estate agent however misrepresented myself and misled the tenants about what's included in the monthly rental cost. The tenant had complained to the agent however, I had to pay for 6 months of services...
          29-11-2021, 16:04 PM
        • Reply to Am I a lodger or a tenant?
          by AndrewDod
          Even if you are an AST "tenant", you are tenant of Sarah, not a tenant of Sarah's landlord. If Sarah ceases to be a tenant that does not make you a tenant of Sarah's landlord (nor does any deposit you paid to Sarah have anything to do with Sarah's landlord).

          Sarah's right of...
          29-11-2021, 23:05 PM
        • Am I a lodger or a tenant?
          by Bert1e
          Hello, I have a question about my legal status in private rented accommodation.

          I live in a private rented house. The entire house is rented from the landlord by one individual (let's call her Sara). Sara has a bedroom in the house and a lot of stuff in the cupboards all around the house....
          28-11-2021, 12:13 PM
        • Reply to Letting Agent asking for commission of I renew tenants privately
          by Hudson01
          Did you use them on a tenant find service only ? If so then read the contract you signed and see what it says about what you are about to do, i use the tenant find service but then let the leases go into periodic, i pay the agent nothing and never have done, maybe if i signed another 12 AST a fee may...
          29-11-2021, 19:44 PM
        • Reply to Section 21 and Gas Certificate
          by jpkeates
          There's not normally an issue with the gas certificate timing other than the very first one.
          That said email is not how you give people documents like that, unless the tenant has agreed to be served them by email.
          29-11-2021, 18:16 PM
        • Section 21 and Gas Certificate
          by Mr. Sparkle
          About 3 weeks ago I had a gas certificate issued.

          I forgot to email the tenant a copy of the document.

          I plan to evict the tenant with either a Section 8 or 21 and want to know whether there is any issue regarding the delay to give the tenant the gas cert?

          There...
          29-11-2021, 14:15 PM
        • Reply to Section 21 and Gas Certificate
          by theartfullodger
          No idea if the GSC you have is OK or not (1st place, you don;t say) or what the timing is for when it should be served. So difficult to answer.

          But...


          s8 not an issue

          s21 see
          https://nearlylegal.co.uk/section-21-flowchart/

          - there's...
          29-11-2021, 17:50 PM
        Working...
        X