Tenant in arrears and moved out, not sure what to claim for through small clams court

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    Tenant in arrears and moved out, not sure what to claim for through small clams court

    Hello

    I was hoping to ask for a little advice. I have a tenant that started a 12 month lease on 1st April. They stopped pying rent in June and they have now wrote to me to tell me they have moved out, have no intention of paying the rent arrears and want their deposit back in exchange for ending the lease.

    I have decided to take them to small claims court, but was just hoping for a little advice. I will be claming for the 2 (soon to be three) months of arrears, but can i claim for the monies owed in the future months? Or do I do this on the next claim? And what about the readvertising/reletting costs and cleaning/inventory costs that will be incurred when the lease comes to an end and I have to release? Also, someone told me about adding in 'with mesne profit', does anyone have advice on this?

    I think i can apply to end the lease through the courts, but can i also let it run and keep claiming the money through the small claims court? I know where the tenants are now living and they do have the money to pay so there isn't a problem as such there.

    I would welcome any advice anyone has as this is the first time I have had a tenant create problems like this.

    Thanks in advance

    #2
    Depends if you have taken possession.

    If it were me, I would re-let the place, and sue old tenant for all losses.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

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      #3
      You can not claim for rent that is not yet due.

      You can let the tenancy continue until the end of the fixed term, but your actions must be appropriate to the tenancy continuing - eg, no uninvited entry, no letting 'Aunt Lucy' use it when she comes to stay etc etc.

      You can't claim re-letting fees because you would have those if the tenant moved out at the end of the fixed term anyway.

      Mesne profit tends to relate to 'rent' where there is no tenancy - not applicable in this case.

      You are aware that a court claim started now is unlikely to be heard until October, and if the tenant doesn't pay up, it may be December before 'enforcement' results in any funds coming your way.

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