Making a Small Claim against ex tenants - What can they say in defence?

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

  • Making a Small Claim against ex tenants - What can they say in defence?

    IV put a small claim in for 6 months rent owed when a T left a 12 month AST halfway through.

    I used to get him to pay the rent into my bank account using my paying in book which I left with him, the flat has been checked out and has safety certs no deposit was taken.

    The only thing I can think of is there was no "rent book", well there was but it was left in his possession and was stopped being of use when we started the paying book method.

    Just wondering what he might say in defense as no doubt some sob story will be made up..

  • #2
    you only had to supply a rent book if the rent was due weekly. Also you may have to prove to have been trying to get another tenant, adverts etc. you cant just sit back for 6 months and do nothing about getting a new tenant because you know they are liable.

    Comment


    • #3
      I agree with John Boy that it is up to the landlord to mitigate their losses by reletting the property when its back in their possession. If I remember correctly, landlords can also include in the claim any expenses associated with the re-let, such as advertising costs.

      If you re-let the property in the 6 month period that remained on the contract, then I don't believe that you can include the period in which you received rent from new tenants.

      Comment


      • #4
        When did your tenant depart? Are you actively trying to re-let the property?

        Comment


        • #5
          Originally posted by Beeber View Post
          I agree with John Boy that it is up to the landlord to mitigate their losses by reletting the property when its back in their possession. If I remember correctly, landlords can also include in the claim any expenses associated with the re-let, such as advertising costs.

          If you re-let the property in the 6 month period that remained on the contract, then I don't believe that you can include the period in which you received rent from new tenants.
          Hi

          I'm don't think it is true that the landlord must mitigate any losses during the fixed period.

          The key points as I understand them:


          1. Rent is payable by midnight of the day on which it is due (unless the lease requires payment earlier in the day). Thereafter, the rent is in arrears.

          2. Once the rent is due or has been paid, where the liability or payment is in advance, there is no statutory or common law obligation on the landlord to refund any of the rent paid if the tenant chooses to give up possession before the end of the rental period.

          3. If the landlord forfeits the lease or accepts a surrender or notice from the tenant, it is highly unlikely that he or she may claim any rent for the period after the tenancy has ended (unless it fell due before the tenancy ended as described under 1 above).

          3. However, the landlord is under no obligation to accept a surrender during the period of the lease, nor to

          4. mitigate any potential losses for the tenant by, for example, finding another tenant to replace them (Reichman v Beveridge, 2006).

          5. There is a remote possibility that there could be some limitation on the law of surrender along the lines outlined in Highway Properties Ltd v Kelly, Douglas & Co Ltd (1971).

          "[the landlord] may advise the tenant that he proposes to re-let the property on the tenant's account and enter into possession on that basis"

          with the effect that the landlord can enter into possession and the tenant can be sued for the rent unless or until a replacement tenant is found, up to the extent of their liability under the original lease, provided the above advice has first been given.

          However, according to the judge in Reichman, this principle has never been relied upon in the English Courts, although it has been made use of in other commonwealth jurisdictions.

          6. On the other hand, it is very clearly open to the landlord, if he or she wishes to do so, to market the property (without accepting a surrender by entering into possession) and then to accept a surrender once a suitable replacement tenant has been found. In this way, they can continue to demand rent as it falls due for the remainder of the fixed period.

          Preston

          Comment


          • #6
            This issue (LL's obligation - or - not - to mitigate losses) has been discussed a number of times on LLZ; doesn't it depend on why the tenant left in the first place?

            OP says T left 'half way through' a 12 month AST, but does not say whther he had to evict him using a s8, for example, or whether there was a break clause, or whether T just abandoned property and paid no more rent, or whether a surrender was agreed and signed.

            Until we know, is it possible to be clear about LL's obligation re mitigating losses?
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


            • #7
              Originally posted by mind the gap View Post
              This issue (LL's obligation - or - not - to mitigate losses) has been discussed a number of times on LLZ; doesn't it depend on why the tenant left in the first place?

              OP says T left 'half way through' a 12 month AST, but does not say whther he had to evict him using a s8, if evicted, then no continuing rent liability for the tenant following eviction for example, or whether there was a break clause, if tenant exercised a break clause, then no continuing rent liability after this event or whether T just abandoned property and paid no more rent, or whether a surrender was agreed and signed. and its these last two possibilties that my note is really trying to address - in other words, has a surrender been agreed or not, because whether or not it has could form a key part of the tenants defence

              Until we know, is it possible to be clear about LL's obligation re mitigating losses?
              Hi,

              One scenario is that the landord has accepted a surrender (perhaps be operation of law and perhaps without realising the consequences) which could have a major impact on his or her ability to recover the rent for the remainder of the fixed period.

              So, I agree with you, Tfish would be well advised to think through exactly what happened when the tenant left. If he or she cares to leave a few more details I'm sure more advice will be given.

              Preston

              Comment


              • #8
                Actually... having just realised that this is the poster who insulted all of us Senior Members so graphically last week (his offensive remarks about us have now been removed by the Moderator, but as far as I am aware he is unapologetic), I don't think I'll bother!
                'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                Comment


                • #9
                  Originally posted by Poppy View Post
                  When did your tenant depart? Are you actively trying to re-let the property?
                  Tenants left in Nov I am not actively trying to relet property becasue T's left the Property half wallpapered and in a mess I have no time to redocorate at the minute as I am busy refurbing another property that is on a timescale

                  Comment


                  • #10
                    Originally posted by mind the gap View Post
                    OP says T left 'half way through' a 12 month AST, but does not say whther he had to evict him using a s8, for example, or whether there was a break clause, or whether T just abandoned property and paid no more rent, or whether a surrender was agreed and signed.

                    Until we know, is it possible to be clear about LL's obligation re mitigating losses?

                    Tenant simply abandoned the building leaving keys with neighbour and sent me text saying he was leaving, no reason given, he was a couple of weeks behind the rent

                    Comment

                    Latest Activity

                    Collapse

                    • NTQ during fixed term?
                      vpltd
                      Hi,
                      Can a LL issue a valid NTQ during the six-month fixed term of an AST agreement?
                      (A residential let in England.)
                      VPL.
                      11-08-2017, 14:53 PM
                    • Reply to NTQ during fixed term?
                      Wright76
                      I totally agree, I was just trying to find any justification for claims that a tenant must serve notice in return of a section 21. It could never ever be demanded within the 2 month notice period, and in my opinion I agree it couldn't be demanded thereafter. But JJlandlord is adamant that requirement...
                      18-08-2017, 12:40 PM
                    • Lying tenant
                      mazco
                      We had a tenant in our property. Initial agreement was for 6 months from April 2016 but then went on to SPT.
                      In June he didn't pay his rent due on 15th of the month. Chased him and got excuses. On 10th July got a text from him saying he had moved out and left a key under the mat for us. He reckoned...
                      18-08-2017, 12:03 PM
                    • Reply to Lying tenant
                      JK0
                      Hmm. If tenant was stupid enough to leave valuable furniture behind, it's JK0's money in my book.

                      (Not that that ever happened. All I get left is broken Ikea tat.)
                      18-08-2017, 12:30 PM
                    • Reply to Lying tenant
                      jpkeates
                      The deposit doesn't limit what you can try and recover from the tenant.
                      It's simply a convention designed to make a simple claim easier.

                      You can't sell the tenant's goods and use the proceeds to settle their debt without their consent.
                      That's the tenant's money.
                      18-08-2017, 12:27 PM
                    • Reply to Lying tenant
                      mazco
                      Unfortunately the deposit doesn't come close to what he already owes. Deposit of just over £1100 to cover two months rent at £900 per month, replacement carpet £200, bath replacement needed, disposal of rubbish, clearing of garden. He 'kindly' left us some furniture which I managed to sell for around...
                      18-08-2017, 12:24 PM
                    • Reply to Lying tenant
                      jpkeates
                      And, of course, this....
                      18-08-2017, 12:22 PM
                    • Reply to Lying tenant
                      jpkeates
                      There are rules about who is responsible for the council tax. And they relate to residence, not the tenancy.
                      If the tenant is in the fixed term of a tenancy agreement, that means they're liable.
                      If they are in a rolling agreement and move out, you are liable.

                      If the tenancy...
                      18-08-2017, 12:21 PM
                    • Reply to Lying tenant
                      JK0
                      I'd forget about getting utilites to believe you. Just work out a reasonable extra amount to add to deposit request.
                      18-08-2017, 12:18 PM
                    • Complicated tenant issue
                      yostumpy
                      Hi all, our tenant is 5 months into a 12 month AST, rent has been here and there, She has missed the last month, but unfortunately seems to have been the victim of an assault, of a serious domestic nature, and is now in the care of a refuge. She has stated verbally via the social worker that she no...
                      18-08-2017, 10:44 AM
                    Working...
                    X