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ADELE
10-06-2011, 09:37 AM
Hello, I am wondering if anyone may be able to give me some advice please.
our tenants left without our knowledge and failed to give us notice as according to Tenancy Agreement.
The tenants effectively owe us over 6 months rent as we did not become aware property had been vacated for that amount of time.
I have spoken to the Tenants Dispute Service but they have said we cant claim as the timescale for a claim has passed. The reason for delay in our contacting Dispute Service was we had been waiting for outcome for claim via our insurance company, which was unsuccessful on grounds we had taken our policy after tenants had left our property(without our knowledge)
the Dispute Service also said that their legislation does not allow us to make a claim unless we give tenants forwarding address. This is not possible as we have had no contact with tenants since before they departed, they were Polish and only information we have obtained is tenants went back to Poland(information from the interpretor who had supported tenants whilst here) . No forwarding address can be obtained.

Please could anyone tell us what will happen to the deposit monies being held by our lettings agents, if the Dispute services are tied by legislation from helping us .
Also, are we correct in thinking any attempt to make a claim in small claims court would be fruitless as tenants are (as far as we can ascertain) now living at address unknown in Poland,
Thanking you in anticipation of your reply
Adele

jta
10-06-2011, 09:42 AM
You should start a single claim process, it will tell you how on the website of the particular deposit scheme.

theartfullodger
10-06-2011, 10:53 AM
What was your agreement with the letting agents (eg full management or just rent collection) and when did they last do a property inspection??

ADELE
10-06-2011, 11:09 AM
What was your agreement with the letting agents (eg full management or just rent collection) and when did they last do a property inspection??

Hello thank you for your message. The agreement with the lettings agents is just rent collection, we manage the property ourselves. The last time the lettings agents visited the property was November 2010 when they re advertised propety to be re let. Tenants departed in the May of 2010 without our knowledge and we did not become aware of what had happened until November 2011.
Best wishes
Adele

ADELE
10-06-2011, 11:10 AM
You should start a single claim process, it will tell you how on the website of the particular deposit scheme.

Thank you for your suggestion, we will look into that.
Best wishes
Adele

Snorkerz
10-06-2011, 11:23 AM
Also, are we correct in thinking any attempt to make a claim in small claims court would be fruitless as tenants are (as far as we can ascertain) now living at address unknown in Poland,The chances are that you are right - it is not impossible to do, but the question is, will the tenants have assets/money to repay you even if you can find them and get a court order?

Firstly finding them - n the UK it is easy, you use a service like www.findermonkey.com (http://www.findermonkey.com). Similar organisations must exist in other European countries - but it is a matter of cost - will it be worth it.

Once you have an address, you sue in the British courts - you will have to apply to the courts for permission to use an EU address.

Presuming you win, you then have to enforce the debt (ie get your money). Again this is possible in the EU through the court service - but when I looked at the process 12 months ago it seemed quite complex as the enforcement methods depend on which EU state you are enforcing in.

As with finding he tenant, going through a complex court process (especially the enforcement) will cost £s. Only you know if it will be worth it.

Poppy35
10-06-2011, 12:37 PM
surely if your agent was collecting the rent they informed you that it was not being received?

Did the rent not being paid for 6 months not flag up with them and did they not try to contact the tenant to ascertain where the payments were?