Recovering non payment of rent & damage to property

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  • Recovering non payment of rent & damage to property


    Does anybody know the most appropriate process to recover rent from a tenant who has now vacated the property but owes several months rent? I am led to believe that the tenant does not have much money although they are now renting another property in the same area.

    In addition, the tenant has also caused several thousand pounds worth of damage which is not completely covered by the bond. Would anyone recommend issuing a small claim with regards to the damage? We have been provided with the tenant's forwarding address.

    Thank you

  • #2
    If the tenant is working, then a claim via would probably be worthwhile, followed if necessary by an "Attachment of Earnings" whereby the debtors employers pay you so much per week/month.

    If your tenant is not working, you will have to work out for yourself if it is worth taking them to court. If they have no assets, then you won't get paid and you will have lost your court fee too. Even if you get a judge to agree payment by installments, it will be 2 or 3 pounds a week. The reason for this is that benefits pay for 'essentials' and are set at a level that supposedly covers essentials only. The judge must leave the tenant with enough for essentials - therefore the 2 should be the same, meaning no money left over for you!


    • #3
      You will need to know their current address, or have taken reasonable steps to find them. If after taking reasonable steps you are unable to trace their new address then you can serve the enforcement papers on their last known address (your property).
      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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