Small Claims Court, claims particulars

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    Small Claims Court, claims particulars

    I would like to use MCOL to start a claim against a former tenant for unpaid rent, damage to property, and compensation for leaving the property in an unrentable state etc.

    I've started completing the MCOL claim form but I was wondering if anyone has any experince of the wording for the "short statement" in the claim particulars.

    1080 characters does not seem like a lot to write a detailed statement, such as the tenant owes money from this date to this date, or the claim is made under the assured shorthold tenancy agreement between ... and ... for property xxx etc.

    Should I just keep the statement short? Is there a later form which I can complete where I can reference other documents (tenancy agreement, checkout report correspondance with ex tenant etc), and set out my case in more detail?

    #2
    Keep the statement short on the form, you will get the opportunity to expand on this in the particulars you will need to submit before going to Court.

    Comment


      #3
      Just make sure the following points are covered: -

      1. State the address of the property
      2. State that you are LL and T is T
      3. Date of AST
      4. Rent payable under AST
      5. What payments you have received, and therefore what is outstanding
      6. What damage you allege T has caused, and cost of repair
      7. Time taken for repairs and why you have a loss of rental. You will probably need evidence later from LA and or prospective T's confirming they wanted to move in ASAP but could not due to the repairs.
      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.

      Comment


        #4
        I recommend you get this book to guide you through small claims procedure - http://tinyurl.com/66dx4xn

        But note that if the claim is for more than £5,000 it may not be allocated to the small claims track.

        Comment


          #5
          Thanks for your help, claim is for <£5,000 so should be small claims track.

          Loss of potential rent was because tenant had poured milk over all the carpets (only 6months old!) and the place smelt really bad, and we could not even think about letting prospective tenants around to view. Only evidence I have is all the LA checkout report and carpet cleaning bills. Will this be sufficeint evidence?

          Comment


            #6
            You really need a check-in report as well, as evidence of good condition at the start of the tenancy.

            Comment


              #7
              and strong evidence that but for T's actions you would have re-let earlier. The courts will usually require strong evidence on this.
              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.

              Comment


                #8
                Just put something such as:

                Under a contract dated xx [Landlord] agreed to let to [Tenant] [Property Address] at a rent of [Amount] per month. In breach of the agreement [Tenant] did not pay the rent due on [dates], totalling [Total Amount of rent]. Before leaving the property [Tenant] poured milk over the carpets, causing a foul odour. This was in breach of the Tenancy Agreement and resulted in potential tenants declining to lease the property. As a result [Tenant]'s actions caused loss to the Landlord of [amount]. [Landlord] now claims that amount in damages and [amount] due as unpaid rent.

                I emphasise that I am not a substitute for paid legal advice though.
                Disclaimer:

                The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                Comment

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