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lewis
16-02-2007, 14:53 PM
My letting agent has issued non-paying tenant with a s21 and now a s8 and has advised me to seek monies owed through small claims court. My question is how much do I claim?
At the moment I am owed 2 months rent but agent is holding deposit equal to one and a half months rent. Tenant has written to say he is leaving within period of 2nd month owed but I don't know that he will actually leave on that date and I also don't know how much I will have to spend on flat to make good. I need to move quickly before tenant leaves as I am sure he will not leave a forwarding address.

Realise this is difficult to quantify but if you have been in a similar position, how did you arrive at a figure?

MrShed
16-02-2007, 14:56 PM
Well, IMO it is insufficient notice from him to say he will be leaving "sometime this month". So you would have to assume that he is leaving on the last day. I would be claiming for the full 2 months rent. The deposit is not there for rent, so the court shouldnt consider it to be offset against the rent - however, that is not to say they will not!

MrWoof
16-02-2007, 17:39 PM
Why has the agent served a section 8 after a section 21? S21 is a repossession notice, there is no defence if it is properly served. After the tenant is out, you total up the money owed to you, add to that the cost of any damage, take the deposit amount off that and sue the tenant for the balance. The agent is holding the deposit on your behalf and should hand it over to you without deductions if the amount is the same as or less that the debt to you. Check on your agent, ask why they have served a second notice. If they have been negligent, chase them for any costs they have caused you.

MrShed
16-02-2007, 17:51 PM
MW, it seems as the tenant "is now 2 months in arrears" that this is the first chance they have had to serve the S8.