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Woody
12-11-2005, 14:47 PM
I had a tenant who handed back the keys and hoped I would not pursue her for the loss of rent. I have since let the property out again. This time I have done via an agent. I have located the original tenant, and, in a very nice letter I requested the outstanding rent of £562 (this was how much I was out of pocket) I also advised that in the event of payment being made within 14 days , I would not add on the agents fee that I had to pay (£185.) for placing the new tenant. The 14 days are now long gone. I would very much like to take a step further to now obtain the full amount and costs. Does anyone have any advice or a standard letter for this sort of thing please?

dazalock
12-11-2005, 15:05 PM
Start proceedings using www.moneyclaim.gov.uk.

MrShed
13-11-2005, 07:58 AM
Agreed. No point in any more letters, it is obvious that they do not wish to pay the rent, just sue em :p

davidjohnbutton
13-11-2005, 11:08 AM
I would make a few enquiries before you do issue the summons. If the person you are sueing has no assets and only social security income, you will be throwing good money away after bad.

On your figure, it will cost you £80 to issue the summons and if it goes to a trial (tenant defends it) you will have to take time off work for which you will NOT be recompensed as it is a small claims court matter. When you win, you will probably have to find some way of enforcing it:-

1. Warrant of Execution - cost £50 - useless against a debtor who has no vehicle which is not on HP and/or refuses the bailiff access to the house or who has insufficient goods to warrant removal.
2. Attachment of Earnings - useless against a person not in employment.
3. Garnishee Order (now called Third Party Debt Order) - useless against a person who has no bank account and potentially unsuccessful against those who do have a bank account but no money in it!
4. Charging Order - useless against a person who does not own their own property.

All the above cost either £40 to £60 a go

Not an enforcement as such, but an order for questioning (£50) can help to find out what assets a debtor has provided that the order is served on them (and laughably, if they ask for their fare to get to court and back, you have to pay it to them!!!!)

There has been a white paper suggesting that these enforcement methods should be overhauled and that a bailiff should be able to force entry as a last resort where a debtor does not co-operate (i.e. refuses entry).