Sue or prosecute

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  • Sue or prosecute

    We have just been to the house we gained possession of on Friday - the state of it made me cry! I'm not sure what to do now. We already have a CCJ against the tenant for 3 months rent arrears and we need to obtain another one for the further 3 months they owe us (it is bound to end up as a CCJ). Should we add the damage to this claim - the carpets are all ruined, they have taken the fridge freezer, ripped out a built in bed etc, or should we prosecute for theft and criminal damage?

  • #2
    Originally posted by Molly View Post
    We have just been to the house we gained possession of on Friday - the state of it made me cry! I'm not sure what to do now. We already have a CCJ against the tenant for 3 months rent arrears and we need to obtain another one for the further 3 months they owe us (it is bound to end up as a CCJ). Should we add the damage to this claim - the carpets are all ruined, they have taken the fridge freezer, ripped out a built in bed etc, or should we prosecute for theft and criminal damage?
    CIVIL CLAIM (SUE):
    Advantage: lower standard of proof; you are in control of action.
    Disadvantage: cost if you fail (or if you win but T has no assets).

    CRIMINAL CLAIM (PROSECUTE):
    Advantage: Local Authority or Police may prosecute for you so no cost to you; compensation claim can be penalty (or part of penalty) on conviction.
    Disadvantage: higher standard of proof; you are not in control of action.
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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