Should I sue

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    Should I sue

    Hi,
    I am a LL and my tenant left haveing bounced a cheque for the last full months rent, £1350, and in addition didnt make any attempt to pay the remaining part of month at end ie 10 days. He has left leaving an estimated £3000 worth of work needing done in relation to missing items, damage, cleaning and the removal of his rubbbish. He has also left behind an old motor home and a large amount of personal belongings in the garage that were meant to be collected last week but no one turned up. He is as far as I know in full time employment as a consultant solicitor and his forwarding address and works address are known, assuming they are not bogus. Should I sue through the small claimes court and would it be better to sue for seperate amounts ie for failure to pay rent seperate from the damage discrepancy. How do I verify his location as his works phone goes to answere machine all the time and he does not pick up his calls.
    Derek

    #2
    In view of the profession of this former tenant, I will let Jeffrey and co deal with this one!

    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.

    Comment


      #3
      Originally posted by boxtop View Post
      Should I sue through the small claimes court and would it be better to sue for seperate amounts ie for failure to pay rent seperate from the damage discrepancy. How do I verify his location as his works phone goes to answere machine all the time and he does not pick up his calls.
      Derek
      This is following on from your last post, I assume.
      http://www.landlordzone.co.uk/forums...ad.php?t=23744

      Was this an AST in England/Wales, did you get an inventory check-in report signed by T (i.e. evidence of original condition, therefore evidence of damage), and was the deposit (if any) protected? If the answer is yes to all three, then here's my advice.

      Claim for damage and arrears in one claim. Claims must be served to a residential address, and one way to test the address is to send a letter before action (which you'll need to do anyway) via "signed for" delivery, then if he signs for it you'll be able to check the signature online.

      Try to disguise the envelope so that it doesn't look as if it comes from you (otherwise he might refuse to sign for it). If he knows your writing, get someone else to address it. Maybe use a colourful envelope as though it's a birthday card or invitation.

      The letter should clearly set out the money you are claiming, with a breakdown of rent arrears, and damage. State that if T does not pay the debt within 14 days, you will issue a claim in the county court.

      Note that there is no such thing as the small claims court. Claims are issued and then subsequently allocated to a track (small claims, fast or multi track) depending on the value and type of claim. £5,000 is the limit for small claims, so try to keep the claim below this; in the other tracks court costs etc are much higher and you'd also be exposed to the defendant's legal costs (if any).

      As you're claiming against someone with legal know-how, make extra sure you keep every possible bit of evidence. Important anyway, but he'll no doubt try to trip you up at any opportunity. Hang on to the abandoned goods - search this forum for how to deal with them properly.

      (If the address is false, you can pay a tracing agent to find T).

      Comment


        #4
        If he is a practising solicitor you may be able to locate the official office address through the Law Society find a solicitor database

        http://www.lawsociety.org.uk/choosin...=solsearch.law

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          #5
          you might want to consider a statutory demand.

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            #6
            Or if the dispute is over £5,000 then use a solicitor as most of the costs would be recovered if you win. Depending on all the details the solicitors may take the case on a no win no fee agreement basis.
            PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

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              #7
              Thank you

              Many thanks to the people that have responded to this thread. It has helped enormously.
              I have made the descision to persue the tenant and am currently hopefull of the outcome.
              Fingers crossed!
              Derek

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