Recovering Unpaid Rent Once tenant has left

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    Recovering Unpaid Rent Once tenant has left

    Hi Guys,

    I've had a tenant leave my property without notice (or even telling us) and had two months rent unpaid.

    Have been doing various reading into small claims and debt recovery. Would anyone out there recomend using one method over the other? Ie going straight for a debt recovery company rather than courts?

    Also not sure if I need to do anything myself before contacting these.

    Very new to this and had an absolute nightmare few months with it all. Any help much appreciated.

    Rich

    #2
    I couldn't find a debt recovery agency that would take my case on so I went through the courts and got an attachment to earnings.

    I have phoned my local court to ask for advice about which forms and timings and they have been very helpful.

    Comment


      #3
      Debt recovery companies have no powers without a court order, and they usually charge the claimant a premium to obtain one. May as well DIY first.

      Do you know the location of your ex tenant?

      Did the tenant actually surrender the tenancy?

      Comment


        #4
        Not sure what you mean by surrender the tenancy? They left without telling us and there was only 14 days left until the end of the agreement.

        We think me may have a forwarding address as by chance they have moved to a flat opposite a friend!

        Comment


          #5
          What I am trying to ascertain is whether the tenancy is legally ended or whether you may be inadvertently exposing yourself to 'illegal eviction' claims. The tenant can still have a totally legitimate tenancy even if he doesn't pay the rent AND doesn't live there.

          Can you clarify when the fixed term ended and whether he was living in the property at the end of the fixed term?

          Comment


            #6
            The tenant moved out on the 28th Feb and we didnt find out until the following week. The fixed term then ended on 12th March. Therefore they were not living there at the end of the fixed term.

            Thanks

            Comment


              #7
              Therefore the tenancy is likely to have ended but did your tenant return the keys?
              The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

              Comment

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