Ryan 33 Posted February 5, 2009 Report Share Posted February 5, 2009 I hope theres someone can point me in the right direction, i took on a tenant who after 12 weeks of their 12month contract just handed the keys to the estate agent and left my property in November 08, they had paid upto the day they left but left me in the dark about what she had planned , i have just got my property rented out after 3 months which has cost me 3 months mortgage out of my own pocket, also the property was left in a bad state having to repaint ,lay new carpets and other minor repairs which the deposit she had put down does not fully cover the repair cost. Can i claim/sue for the remainder of the 12 month contract or for the amount im out of pocket for morgage payments and repair cost i incured. Also is this a costly procedure and can it be done without costly solicitors bills, would be greatfull for advise on this matter, thanks Ryan Link to comment Share on other sites More sharing options...
vinvin Posted February 5, 2009 Report Share Posted February 5, 2009 unless you have proof of the condition of the property, very difficult. yes you can sue for debt, as a separate issue and yes you can do it online, however, what was the reason for them leaving? CANT AFFORD IT !! may well be a matter of trying to get blood out of a stone. Put it down to experience and move on.................of course unless you need the stress. Also if they rent what assets do they have probably not enough to cover your costs. So unless you can manage to do attachment of earnings. Little point. Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted February 6, 2009 Report Share Posted February 6, 2009 unless you have proof of the condition of the property, very difficult. yes you can sue for debt, as a separate issue and yes you can do it online, however, what was the reason for them leaving? CANT AFFORD IT !! may well be a matter of trying to get blood out of a stone. Put it down to experience and move on.................of course unless you need the stress. Also if they rent what assets do they have probably not enough to cover your costs. So unless you can manage to do attachment of earnings. Little point. If they have signed for a year they are legally liable for the year. Did the agent get a guarantor? If not why not ? It is their job to get one if they are any good unless you agreed not to. If the agent agreed to the surrender of the tenancy without your permission i would say you have a claim against the agent. If you do have a guarantor chase them thro MCOL and/or the tenant if they are working. Remember if the tenant isnt working now he may do in the future so you could follow up any then any ccj you might have on them. Another thought is you have to sometimes cut your loses and move on. It is your choice but it doesnt cost a lot to get a MCOL and you never know they may want to buy a house in the future or get a credit card or rent thro a agent who does the correct checks and any ccj they have against them will stop them or cause major problems which will have to be solved by paying you. Another option is if you know where there are now get a debt collector on the case who doesnt charge unless they collect. Link to comment Share on other sites More sharing options...
Mortitia Posted February 6, 2009 Report Share Posted February 6, 2009 Speedtwin - what is MCOL? I haven't come across this one before and I am guessing Ryan won't have either. Thanks in advance. Mortitia Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted February 6, 2009 Report Share Posted February 6, 2009 Small claims court via the internet. Easy to use https://www.moneyclaim.gov.uk/csmco/index.jsp Link to comment Share on other sites More sharing options...
Simon Dewsberry Posted February 6, 2009 Report Share Posted February 6, 2009 Relet asap then bill T for amount upto this date, if they dont want to pay then instruct a debt collector. The Rodent Link to comment Share on other sites More sharing options...
Ryan 33 Posted February 7, 2009 Author Report Share Posted February 7, 2009 If they have signed for a year they are legally liable for the year. Did the agent get a guarantor? If not why not ? It is their job to get one if they are any good unless you agreed not to. If the agent agreed to the surrender of the tenancy without your permission i would say you have a claim against the agent. If you do have a guarantor chase them thro MCOL and/or the tenant if they are working. Remember if the tenant isnt working now he may do in the future so you could follow up any then any ccj you might have on them. Another thought is you have to sometimes cut your loses and move on. It is your choice but it doesnt cost a lot to get a MCOL and you never know they may want to buy a house in the future or get a credit card or rent thro a agent who does the correct checks and any ccj they have against them will stop them or cause major problems which will have to be solved by paying you. Another option is if you know where there are now get a debt collector on the case who doesnt charge unless they collect. The tenant is/was a VAT inspector earning over 30k a year so there was no guarantor, the agent didnt let them surrender the agreement they just walked in gave them the keys and left. what i did discover onced they moved in was that they had a drink problem and dealing with them at times was impossible as someone put it to me they are professional victims. thanks for all your replys and will look into it, Thanks Link to comment Share on other sites More sharing options...
SPEEDTWIN Posted February 7, 2009 Report Share Posted February 7, 2009 The tenant is/was a VAT inspector earning over 30k a year so there was no guarantor, the agent didnt let them surrender the agreement they just walked in gave them the keys and left. what i did discover onced they moved in was that they had a drink problem and dealing with them at times was impossible as someone put it to me they are professional victims. thanks for all your replys and will look into it, Thanks It doesnt matter how much they earn you should still try to get a guarantor. If they are still working as a tax inspector do the MCOL and then a attachment of earnings. Link to comment Share on other sites More sharing options...
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