non paying tenant

[andy h]

very grateful for any advice that will help.

We have recently let out our family home as we were being posted abroad. It has turned into a nightmare with no rent being paid from day 1 we have been given a complete string of lies and the tenant has changed his phone number. We have engaged a solicitor who gave the tenant 2 weeks notice. the tenant phoned the solicitor on the last day and said he would move out but not for another 3 weeks, the solicitor left us this message on our answer phone and has now gone on holiday for 2 weeks!! I do not believe the tenant has any intention of moving out,I want to take him to court and attempt to get some money back from him,but we need to get him out of the house. It has cost us thousands so far, but I think he does this proffessionaly and I do not want him to just get away with it and move on and do it to someone else,
All help will be gratefully received,
Andy

[Jennifer_M]

Well if he's a professional as you say he will have made sure he's got no assets so suing him for money probably won't get you your money back, or it will on the very long run.

If he's got assets then I believe you can issue a s8 (if he's more than 2 months in arrears) and try and get your money back that way.

Or you can go to small claims court (you can do it easily on the internet).

Even if you don't get any money out of it, at least you may have the satisfaction of getting him a CCJ

[P.Pilcher]

Oh dear! As a solicitor stated that he issued a two week notice period, he must have done that under section 8 and this means that the tenant was two months in arrears with his rent. If said solicitor is on holiday then perhaps someone else in his office will be issuing the necessary court papers PDQ then said solicitor can represent you at the hearing when he comes back off holiday. Maybe he has arranged this but failed to communicate this fact to you. The law can be very slow at times and if this is the fact, his holiday will have no effect on the timescale of events. Should this proceed to court, you will get a possession order for your property and a county court judgement for the rent owed. Whether you will eventually get your money back is another matter!

P.P.