Problem tenant - need advice as I'm living abroad

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  • Problem tenant - need advice as I'm living abroad

    Hi I'm new to being a landlord so I'm hoping you can help.
    I've served a section 21 notice to my tenant stating I want possession after 30th April. As of yesterday the tenant owes 1850.00 in rent arrears. Can anyone advise on the easiest way to deal with this - should I sue through the small claims court? Can a relative go to court for me rather than a solicitor? The reason I ask is that I now live 3000 miles away from the property and it would be extremely difficult to fly back for court appearance/s.
    My intention is to get rid of this tenant and employ a letting agent to find the next one and to manage the property but I've noticed in all the terms and conditions I've read that the agent won't go to court for a landlord - does anyone know why as this is probably the most useful function of an agent in my particular situation?

  • #2
    They are unable to sue on your behalf. You would need to employ a solicitor, or better still a professional company such as landlordaction to act on your behalf in court (they will supply a barrister).

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    • #3
      Originally posted by attilathelandlord View Post
      They are unable to sue on your behalf.
      Well, not unless you set up a Power of Attorney to act for you.
      On some things I am very knowledgeable, on other things I am stupid. Trouble is, sometimes I discover that the former is the latter or vice versa, and I don't know this until later - maybe even much later. Because of the number of posts I have done, I am now a Senior Member. However, read anything I write with the above in mind.

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      • #4
        By the time you've done that you might just as well get a solicitor to act for you.

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        • #5
          I know that The LL has to sign the paperwork; but cannot the letting agent prepare paperwork and even represent the LL in court if he wants to? (Although it would be foolish for reasons of liability.)
          All posts in good faith, but do not rely on them

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          • #6
            L can apppoint anyone (even the Letting Agent) to represent him.
            Certain litgation services for a fee are reserved to solicitors (just as with Conveyancing), however.
            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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