what can I claim for?

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    what can I claim for?

    I want to start action on a tenant who is currently owing rent, the tenant has left the property and vanished owing rent and still with several moths on their contract, what I need to know is can I claim only for the amount owing as of now or can I claim for the future months to the end of the tennancy as well?

    so if rent is £100 a month and they currently owe 3 months, with a further 3 months on the contract on my letter before action what is the amount I am claiming, the £300 or the full amount of say £600?

    #2
    You're entitled to claim rent up until the end of the contract - that is what they agreed to.

    If they've done a runner your best bet, if you can't track them down online is to use a service like findermonkey.co.uk. Its £60 I think, no find no fee. Best to wait about a month after they've gone before doing that to give them time to establish a new paper trail.
    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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      #3
      do I have to serve a section and 8 or 21? I'm not seeking reposession just my money back, it's only a student let and contract is only until June so I fear that there is no point in starting those proceeding as I will never be able to let the room for the sake of a couple of months, Ijust want the rent covered?

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        #4
        No, you don't need to serve either, the tenancy will automatically lapse at the end of the fixed term assuming they aren't in occupation at that time..... if they come back and move back in even 1 minute before the fixed term ends though then they will be entitled to remain in the property under an SPT until you formally evict them - bear that in mind.

        If you think there is any chance they might do what I just said then you'd be well advised to serve notice now so you can evict ASAP when the time comes... there would be no harm in posting a Sec 21 to the property now, you don't have to use it if you don't need to.

        I think your best course of action would be to serve both notices, at minimum a 21, just to cover yourself, but do nothing until the end of the fixed term, if you took back possession and re-let early it would muddy the waters for claiming back rent for the rest of the contract. Wait until it ends then pursue ex-tenant for whole amount owed.
        I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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          #5
          Originally posted by monkeysee View Post
          You're entitled to claim rent up until the end of the contract - that is what they agreed to.
          This is not correct. A landlord can't sue for money that isn't unpaid.
          Allow tenants to protect their own deposits. I want free money when they do it wrong

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            #6
            Originally posted by thesaint View Post
            This is not correct. A landlord can't sue for money that isn't unpaid.
            Of course they can't sue for money that has been paid, or that is yet to become owing, who said they could?

            They can most certainly sue for unpaid rent up until the end of the fixed term, and after if T is still in occupation, but as per the original post, they aren't. LL has no obligation to accept surrender before the end of fixed term.

            Fixed term ends in June OP said, if they wait a month, then use findermonkey, by the time they have filed claim and got it before a court likelihood is fixed term will have ended.... besides, I told them in my 2nd post to wait until the fixed term ended anyway.
            I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

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              #7
              Please read the opening post, and see what the OP is asking.
              Then read your reply.
              Allow tenants to protect their own deposits. I want free money when they do it wrong

              Comment


                #8
                Yes, they are asking what to put in the letter before action, an LBA isn't a claim, it is a final warning.

                If my tenant did a runner I would most certainly inform them I'd be claiming for rent up until the end of the fixed term in addition to the arrears.... I wouldn't file the claim until the monies were owing of course, nobody in their right mind would.

                I would probably put something along the lines of "if you haven't made good on the arrears in the next 14 days it is my intent to commence legal action to recover the amount owed, and any further amount that should still be owing on the date of the hearing."

                There seems to be an excess of pedantry on this forum today, even if it was unclear after my first reply (which I don't think it would have been to anyone with some common sense) it was abundantly clear after my second. Bringing it up again now for no good reason just muddies the water.
                I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                Comment


                  #9
                  I'll leave this right here:

                  Originally posted by steph84 View Post
                  what I need to know is can I claim only for the amount owing as of now or can I claim for the future months to the end of the tennancy as well?

                  so if rent is £100 a month and they currently owe 3 months, with a further 3 months on the contract on my letter before action what is the amount I am claiming, the £300 or the full amount of say £600?
                  Originally posted by monkeysee View Post
                  You're entitled to claim rent up until the end of the contract - that is what they agreed to.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #10
                    Aye, if you only take a chunk of my first post and ignore the second one entirely you can twist the meaning - spinning you call it as I recall, preteritious literalism would be another description.

                    But whatever, i'm not going to argue with you over the precise meaning of words, i'm sure what I said was abundantly clear to the OP. If not they can ask for more clarification.
                    I'm not a lawyer, what I say is the truth as I understand it. I offer no guarantee except good intentions.

                    Comment


                      #11
                      thank you monkeysee it's perfectly clear what you meant

                      Comment

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