Rent due by tenant

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  • westminster
    replied
    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.

    Leave a comment:


  • mind the gap
    replied
    How much money do they owe you in total for unpaid rent and damage (if any) to the property?

    Leave a comment:


  • nixog
    started a topic Rent due by tenant

    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

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