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boxtop
09-11-2009, 15:27 PM
Hi,
I am a landlord who has a tenant that is in arears and is moving out shortly (10 days) having given one months notice. He has issued a Cheque for the rent 4 weeks ago and that has bounced, and has been presented twice now without success.
His deposit is held by the letting agency but will not cover the total amount due and there will be nothing left over in the event of any repairs that may be required. My fear is that I don't know if this is an attempt to simply avoid paying the rent or if there is damage to the property that the tenant does not want to pay for out of the deposit. Also I am concerned that he may not be willing to give a new address when he leaves so that I can persue him for any shortfall. Any advice would be gratefully received

jeffrey
09-11-2009, 15:42 PM
Is the tenancy's fixed term expiring on the day that T has agreed to leave- or before (or after) that date?

boxtop
09-11-2009, 15:45 PM
The tenant was in a 6 month contract that was allowed to roll over, They have given notice 3 months later but 3 months earlier than was expected.

westminster
09-11-2009, 15:51 PM
My fear is that I don't know if this is an attempt to simply avoid paying the rent or if there is damage to the property that the tenant does not want to pay for out of the deposit.
You'll find out in 10 days. Even if you find out sooner, there's little you can do to change the situation except ask the T to put things right before he goes. In future, get at least 6 weeks deposit, which covers the non-payment of last month's rent scenario plus something towards dilapidations.


Also I am concerned that he may not be willing to give a new address when he leaves so that I can persue him for any shortfall. Any advice would be gratefully received
Do you have his work address? If so, you can either apply to the court to serve the claim by post to his work address, or pay a process server to deliver it in person (i.e. physically hand to the tenant).

If you don't have a work address, then you can pay a tracing agent to find the tenant's new residential address (which should cost less than £100). Keep any details you might have which would help with this, such as his bank account details, NI number, car reg, former address etc.

If T is unemployed, you need to ask yourself whether it's worth pursuing the T for the debt.

boxtop
09-11-2009, 16:03 PM
To the best of my knowledge he is a self employed consultant solicitor who works from home. My letting agents probably have more info but I am rapidly losing faith in them.

jeffrey
09-11-2009, 16:06 PM
If he holds a Practising Certificate, the Solicitors Regulation Authority will have his new address details.
Whether the SRA will divulge it is another matter, though!