correct wording for mcol to claim rent and damages?

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    correct wording for mcol to claim rent and damages?

    Hi,

    I am starting a MCOL claim against tenants to claim rent owing and costs incurred to make repairs etc to the property on ending the tenancy.

    I was wondering if there is any specific wording I need to use in the particulars of claim box?

    Thanks

    #2
    Originally posted by Moneyangel22 View Post
    Hi,

    I am starting a MCOL claim against tenants to claim rent owing and costs incurred to make repairs etc to the property on ending the tenancy.

    I was wondering if there is any specific wording I need to use in the particulars of claim box?

    Thanks
    It must be a concise statement of the facts of the case and the remedy you are seeking. You'll get a chance to give a full description of what happened later in proceedings when you submit your witness statement.

    EXAMPLE: 1. The claimant let a rental property at 33 Buttercup Mansions, Anytown, to the defendant on an assured shorthold tenancy commencing [date] for a fixed term of 6 months. The rent was £x per calendar month. 2. The tenancy ended on [date]. 3. The defendant left owing rent and the claimant discovered that the defendant had caused extensive damage to the rental property. 4. The claimant claims £x in unpaid rent. 5. The claimant also claims £x for the cost of repairing the damage.

    (You'll also find wording on MCOL for if you want to add interest to the claim). The above is just a very general example; you must give whatever additional detail is relevant to your claim. Perhaps, say, the T didn't give proper notice, so you're claiming rent in lieu. Numbering the paragraphs enables the defendant to respond in kind, and admit or deny the claim point by point; he might, for example, admit the unpaid rent but deny the claim for damage.

    EXAMPLE OF WHAT NOT TO WRITE: Mr Smith owes me rent and more money for repairs I had to do. He broke our contract and I think he should pay because he was a bad tenant and he never paid rent on time I always had to chase it. And he had a dog even though he wasn't allowed to. He told me he wasn't going to pay me then he wouldn't answer any of my phone calls or text msgs. There was a massive purple stain on the carpet and I had to buy a new one!!!

    Comment


      #3
      hi money angel
      Sorry to butt in on you post without giving you any advice but I am in a similar position to you and thought you may be able to tell me how you go about claiming back from a tenant.
      My story is as follows, I let the property to a single lady, whom I might add was a perfect tenant at that time.12 months later she met and maried a heroin addict, I managed to get them out without too much fuss, but the damage to the property was unbelievalble, the rent arrears were in excess of 2000 pounds, I live in Australia and am very lucky with my tradesmen and hard working roll up your sleeves and get it fixed type of family in the UK.
      I decided to just keep their deposit and put it down to experience, unfortunatly they have disputed the claim (oddly enough) and have failed to respond to the mediation on the DPS.
      I am so bitter they will not receive the deposit back that I now have decided to claim against them for the lot, I would rather lose the money through court fees than they get another penny from me. This has been on going since 1.2.10, what evidence have you had to submit etc and did you get a solicitor involved aswell?
      I plan to start the procedure next week
      Any advice you or anyone else there could offer I would be most grateful
      thanks for your time
      Jodimarie

      Comment


        #4
        Originally posted by jodimarie View Post
        what evidence have you had to submit etc and did you get a solicitor involved aswell?
        You do not need solicitor to pursue a claim for less than £5,000 via the county court. The small claims track procedure is fairly simply to follow and low cost. Just buy a book on Amazon about it to help guide you through.

        Evidence you'll need:
        • Tenancy agreement
        • Inventory check-in, ideally including photos, showing condition at the beginning of the tenancy
        • Inventory check-out, showing condition at end of tenancy
        • Receipts, quotes, etc for the remedial works
        • Copies of any relevant emails/correspondence with tenant

        Comment

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