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should i go to court


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I took on a tenant who insisted on a years contract..however she disappeared after a week and is now in arrears...i tried to track her down although she tried her best to avoid me..but with the help of her manager i went to her office and spoke to her in person about her intentions.

I told her i was 5 months preg and didnt want to mess about going to court and would like to come to some sort of amicable agreement..i suggested 3 months rent and a replacement..or 6 months rent and she doesnt need to find a replacement.

She said she was living with friends for free and didnt need to pay rent and i could take her to court...but she wasnt paying a penny

i was so hurt and disgusted at her behaviour..she had no respect for a contract that she signed or the run around that she gave me.

i feel she deserves to be taken to court for her audacity and she is quite sure i wont take her to court as she knows i dont want the hassle

Please can anyone advise if it would be worth my while taking her to court..as tenants should not be allowed to get away with this time and again.

Can the judge throw out my case on any technicality..i.e it took me 5 months to find this tenant although i put ads on all the online sites..local ads and sainsbury regaulary..but as we are live in landlords and our house is a 15 min walk to the tube..its not very popular..

I dont want the judge to think we didnt bother looking for a new tenant when i have been looking religiously for 4 weeks now..no luck though.

If the judge awared us even a few months rent it would be more than we have now with this tenant going AWOL.

any advice welcome



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Hi Heebs,

I think we have already advised you on this - ie: stop chasing someone who doesn't want to rent from you and focus on getting yourself a new tenant who does want to rent from you.

Whats the point of going to court ....... why bother with the stress etc etc etc

Move on ..... get another tenant .........

Good luck


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Thanks for your reply...but i dont understand why you say 'whats the point of going to court'...whats the point of having contracts etc if they mean so little when it matters..and what is court for after all..if there was a valid reason for not going to court..i.e i would not stand a chance..then ok...but in this case i dont understand your slant on this...tenants would just take the micheal time and again and have no regard for contracts from landlords..whay have contracts at all if we are going to do nothing when we are taken for a ride.


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Sad fact of life Heebs.

You can of course take the person to Court and you may well win your case but do you need the stress and worry over something where you havn't actually lost any money which is why we say move on.

Even if you did win you still maybe won't get any money out of the Tenant.

If you had a Landlords Legal Cover Policy then I would say yes, do it, because you can hand the whole thing over to a Solicitor and get on with finding your next Tenant.

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The tenant is liable for the rent up until the end of the tenancy agreement. Advise your tenant of this and offer that you will only release her from the agreement once a replacement has moved in or the agreement expires, whichever is the sooner. She is also responsible for your costs in doing this. Once someone moves in, tell your previous tenant how much rent is in arrears and give 7 days to pay, including reasonable costs for advertizing etc. If nothing forthcoming, then issue claim thru court or online if still aggrieved by things. Probably won't get all/any of your money but are making a point and it goes on the tenant's credit file. This way you can move-on and also go some way to addressing problem.

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Hi Heebs

Sorry to hear about your problem tenant. The advice given is very good, and if you would like to recover money owed then you could speak to our partner in Debt Recovery - LRC. You can find their listing here - http://www.residentiallandlord.co.uk/debtrecovery.htm

Neil Kovac is our contact, his number is 0115 911 1530.

Hope this helps.


Nick Colthorpe

Residential Landlord

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  • 1 month later...

thanks Nick...I will call Neil...

Melboy...update...i put in a claim online...the tenant didnt respond so i had a judgement by defualt...she still didnt respond...now online they have asked if i want to pay £150 to issue a warrant thru bailiffs...i am confused..she has left work and the address they and i hold may no longer be valid as she might have gone to ireland...

What should i do...pay another £150 or go thru private debt recovery...i dont have any contact details for her except her last address and her mobile is no longer working..i have her fiances mobile and address but he could have moved too...

Any advice anyone..??..I might have her bank details but dont know how much that will help

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