ADVICE PLEASE

[oneowner]

I have served proceedings on an ex-tenant of mine who says he never moved into my property in spite of signing an AST lease with 2 others in September of last year. He says he wrote a letter to the Letting Agent (not true), keys were returned (not true). He was seen in the property in mid-September 2008 by my maintenance man, I spoke to him on the phone in Feb. or March of this year to get his new mobile number and also some mail was sent to him at the property address. To cut a very long story short the remaining 2 tenants did a runner in March or April of this year leaving me with a very damaged property and outstanding rental. I can't pursue them as one was on benefits and the other a student and they've gone AWOL. I wrote twice to the tenant pointing out his responsibility with signing a binding lease but had no reply, but when papers were served he wrote to me within 24 hours saying he had been made bankrupt in March of this year. He also sent a copy of this letter to my County Court which I have verified with them. I also know that he is employed. My question is - can I write again to the tenant reiterating the above facts and say that I intend to pursue this claim and take out an attachment of earnings (I would also send a copy of this to the County Court). Am I not supposed to do anything at this stage and wait for the judge to comment on the tenants letter? It's very difficult to get concise legal advice.

[Mortitia]

Hi,

If you did write the letter it may upset the court judge by presuming you will get the CCJ. I know from bitter expererience that these judges take offence at the least thing out of line. I would wait for the judgement.

On the bigger picture - I suppose it depends on how much money is at stake - do you think it is worthwhile persuing the ex-tenant? Having done this twice myself now I would think twice about it. Both times mine declared themselves unemployed after a couple of payments. I gave up in disgust.

Good luck with that,

Mortitia