Tenant left without paying the rent & trashed the flat

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  • Tenant left without paying the rent & trashed the flat

    Hi,
    I need some advice...

    My tenants skipped out without paying 2 weeks rent and they trashed the place and broke some of the furniture.
    They did not pay their rent for 6 weeks and I tried several times to get the rent and started eviction proceedings. They said that I must use the 4 weeks deposit to cover the missing rent and the will give me the outstanding 2 weeks rent upon leaving the premises, however when I went to the premises they had left without paying and had trashed the place.

    There is approx. £500 in damages and they owe £350 in rent plus interest and I would also like to try get lost income for future rent, as estate agents tried to get access to the property to show it but were denied access by the tenants.

    They have left no forwarding address and I only have one tenants parents address.

    What is the best route to get the outstanding rent and compensation for the damages from them - debt collection, ballifs, the court, etc....

  • #2
    You'll need a tracing agent to find them first. Then you can do moneyclaim and sue for what is owed.

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    • #3
      Originally posted by LittleLeo View Post

      What is the best route to get the outstanding rent and compensation for the damages from them - debt collection, ballifs, the court, etc....
      As havensRus says, find them first, then issue a claim using Money Claim Online.

      Once you have obtained a CCJ, these are the enforcement options:
      http://www.hmcourts-service.gov.uk/i...ment/index.htm

      Don't use debt collectors.

      Comment


      • #4
        Originally posted by LittleLeo View Post
        I would also like to try get lost income for future rent, as estate agents tried to get access to the property to show it but were denied access by the tenants
        Sorry LittleLeo, you won't be able to claim for this as you had no right of access (except for emergency) while Ts were there, even if the AST said you had. Search for 'Quiet Enjoyment' on the forum. However, they're gone now - you can start looking towards the future

        Comment


        • #5
          Originally posted by Snorkerz View Post
          Sorry LittleLeo, you won't be able to claim for this as you had no right of access (except for emergency) while Ts were there, even if the AST said you had.
          Yes, I thought about this too - but if the TA had a provision saying LL could have access at reasonable notice then it's worth a try, given that LL could, in theory, have enforced the access term with a court order. You never know, the judge might agree...

          What OP could also consider claiming for is the period the property was off the market due to the T trashing the place; if it took a couple of weeks to put it right due to T's breach, then that's a loss as the sooner property is viewable, the sooner it gets rented out. (When I made a similar claim once, the judge said to me I should have claimed for this as it took a month to clean up and redecorate).

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          • #6
            I have never (touch wood) had a tenant trash a property, but I would be interested to hear other people's views as to the reasons why some tenants do this.
            '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

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            • #7
              Possible reasons for trashing a property:
              • Malicious and mindless vandalism, due to possible mental health issues.
              • Revenge on LL as T's may have nothing to lose. For example, if T's on HB/LHA, and have no income apart from benefits. If they have received a court order to leave, they may damage the property to get 'one over' on the LL, before leaving/abandoning. When they are evicted, council will rehouse; if LL tries small claims court to recover damage costs, ex-T's will have little income to claim from, so no loss to them (in any case CCJ's mean very little to them).
              The information in my posts is provided 'as is'. This is not intended to be legal advice. Legal or other professional advice should be sought before acting or relying on this information or any part of it. I will not be held responsible for loss or damage arising from errors in the information or the way in which a person uses the information on this . For more information on your query use the '' link at the top of this page. Agreements, Forms & Notices can be found .

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              • #8
                I have had tenants leave a property in a terrible state. They had been getting their HB from the council and spending on holidays and sky TV instead of paying their rent but I was the villain when I issued possession proceedings! I suppose as it says above it was their "revenge" for my having stopped their HB (ie getting it paid to me after 8 weeks). The tenant was incandescent with anger when this happened - can you believe it?! Anyway I was happy to be rid of them. I got a CCJ but they are on benefits with no assets so they really did have nothing to lose.
                Unshackled by the chains of idle vanity, A modest manatee, that's me

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                • #9
                  Hi, many thanks for all the advice it is very useful... Estate agents did arrange several times with the tenants to show the flat, but each time they got to the property the T's refuse to let them in or pretended no-one was home even when it was very clear someone was home. This happened for 2 weeks and has also taken a week to re-decorate it - could I sue for missing rent due to this?
                  Also, can you recommend a good tracing agent?

                  Comment


                  • #10
                    Originally posted by LittleLeo View Post
                    Hi, many thanks for all the advice it is very useful... Estate agents did arrange several times with the tenants to show the flat, but each time they got to the property the T's refuse to let them in or pretended no-one was home even when it was very clear someone was home. This happened for 2 weeks and has also taken a week to re-decorate it - could I sue for missing rent due to this?
                    Yes: you can sue T for rent, irrespective of T's failure to permit viewings.
                    No: you cannot force an occupying T to permit viewings during T's tenancy.
                    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                    4. *- Contact info: click on my name (blue-highlight link).

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