AST for 12 months but T left owing 9 months' arrears
2 tenants signed a 1 year assured shorthold tenancy agreement in April 2005 and moved out this March without paying 9 months rent. What are the steps I need to take to make sure I go about getting this money from them and also do it the right way?
-
-
If you are certain they have moved out, and in a position to re-let the property then you will have to apply to the small claims court to obtain redress for the rent owing. If they have not yet relinquished possession of the property, then as their rent is more than 2 months overdue, you must obtain a possession order from the local county court under section 8 of the Landlord and tenant act. There is tons and tons of information about this on this website, but briefly, after you have served the correct notice at the property, after a further 2 weeks you can apply for a court hearing. If at the hearing the tenants are still two or more months overdue, the grant of a possession order is mandatory and you will also obtain a c.c. judgement for the outstanding rent and your court costs.
P.P.Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.
-
Reply to Newish landlord queriesJoin NRLA and do courses on being a landlird:. Much cheaper than the alternative (lack of knowledge) in both time and money. Even with agent you remain responsible for everything (but may have a later claim against agent).
Have you very carefully read your agreement with agent to find...07-07-2020, 10:11 AM -
Hi all, first time here and looking for some general advice.
Be patient with me as I am a first time landlord!
Let my property back in feb, used an agent that I used to sell our house last year. He said he could do me a good deal on fully managed. 7% which I think is a good...07-07-2020, 09:57 AM -
Reply to Deposit IssueThank you. I will go for cleaning costs and will live in hope that the adjudicators may allow me something.07-07-2020, 10:07 AM
-
Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)? England
Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only? Multiple Tenant
Q3 – What date did current TA start dd/mm/yy? July 2017
...23-06-2020, 12:20 PM -
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.07-07-2020, 09:23 AM -
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...07-07-2020, 08:03 AM -
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...07-07-2020, 09:07 AM -
Reply to small claim courtI had a similar one - had a (non rent) business debt, did money claim online, person admitted debt and offered a stupid £5 a week which I refused. Had a physical hearing and was awarded the full amount. He did not pay - I put a charge on his house (he was a home owner) and went down the High Court...07-07-2020, 08:54 AM
-
My tenant owes me rent. I read about this small amount claim court. Anyone here has made such claim and successfully got money back ? Thanks for your attention....06-07-2020, 21:05 PM
-
Reply to small claim courtThanks for sharing your experience. How long did it take to get the CCJ?...07-07-2020, 08:49 AM
Comment