Should I sue

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  • boxtop
    replied
    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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  • Paul Gibbs
    replied
    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.

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  • fthl
    replied
    you might want to consider a statutory demand.

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  • Yorkie1
    replied
    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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  • westminster
    replied
    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).

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  • P.Pilcher
    replied
    In view of the profession of this former tenant, I will let Jeffrey and co deal with this one!

    P.P.

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  • boxtop
    started a topic Should I sue

    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

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