Rent due by tenant

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    Rent due by tenant

    The tenancy agreement expried january 24th 2010 the tennant has now moved out and there is rent areas due of £1200.00 they where living in the property till last week.

    With the Tenancy agrement being expried what leagal actions can be taken?

    Regards

    #2
    How much money do they owe you in total for unpaid rent and damage (if any) to the property?
    '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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      #3
      Originally posted by nixog View Post
      The tenancy agreement expried january 24th 2010 the tennant has now moved out and there is rent areas due of £1200.00 they where living in the property till last week.

      With the Tenancy agrement being expried what legal actions can be taken?
      Assuming this was an assured shorthold tenancy, in England/Wales, with rent less than £2,083.33 pcm, and a non-resident landlord, then, after the fixed term expired, a periodic tenancy automatically arose. This is sometimes known as a 'rolling' contract. So, there was still a valid contract in place, with the same terms as the 'expired' contract - and the same rental liability.

      In order to pursue the ex-T for the debt, you must first find their new home address. A tracing agent may be able to do this for you - but you may need to wait longer than a week for their new details to enter the 'system' so to speak. I cannot personally recommend this company, but I have seen them recommended by others: http://www.findermonkey.co.uk/people-searches

      Then, you write a letter before action to the T, detailing the exact amounts of rent owing, for which periods of the tenancy, and give a total owing. Say that you will issue a county court claim if they do not pay within 14 days.

      Then, if they don't pay, issue a claim via Money Claim Online. You don't need a solicitor to do this. Court fees are low and are added to the claim.
      https://www.moneyclaim.gov.uk/web/mcol/welcome

      I suggest you buy a book on the small claims procedure to guide you through the process; there are a few on Amazon.

      Note that, if the T is unemployed, the chances of enforcing a CCJ are fairly slim.

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