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View Full Version : Sue or prosecute



Molly
30-04-2007, 09:16 AM
We have just been to the house we gained possession of on Friday - the state of it made me cry! I'm not sure what to do now. We already have a CCJ against the tenant for 3 months rent arrears and we need to obtain another one for the further 3 months they owe us (it is bound to end up as a CCJ). Should we add the damage to this claim - the carpets are all ruined, they have taken the fridge freezer, ripped out a built in bed etc, or should we prosecute for theft and criminal damage?

jeffrey
30-04-2007, 09:24 AM
We have just been to the house we gained possession of on Friday - the state of it made me cry! I'm not sure what to do now. We already have a CCJ against the tenant for 3 months rent arrears and we need to obtain another one for the further 3 months they owe us (it is bound to end up as a CCJ). Should we add the damage to this claim - the carpets are all ruined, they have taken the fridge freezer, ripped out a built in bed etc, or should we prosecute for theft and criminal damage?

CIVIL CLAIM (SUE):
Advantage: lower standard of proof; you are in control of action.
Disadvantage: cost if you fail (or if you win but T has no assets).

CRIMINAL CLAIM (PROSECUTE):
Advantage: Local Authority or Police may prosecute for you so no cost to you; compensation claim can be penalty (or part of penalty) on conviction.
Disadvantage: higher standard of proof; you are not in control of action.