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Jun, 2017

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  1. #1

    Default Tenant left owing rent

    Hello all, tried finding an answer but couldn't after a search. Sorry if this has been repeated before which I am sure it has.
    We live in Hong Kong and have a residential management agency look after our properties.
    One of them was a tenant paying the rent in dribs and drabs after his partner left him. As he was owing 2 months rent when we needed to decide on if to renew the lease or not we decided to not renew and served notice for him to leave. He has left the property in fair condition (nothing a good clean could sort out) but he is owning just a tad over 3 months rent (1300 GBP), deposit is 600 odd pound and we can use it against the arrears. Still leaves him owning 700 pounds and what ever the cleaning costs are.
    My question is how do we go about recovering that amount? I am guessing through the small claims court but we have no forwarding address of the ex-tenant. Is it still possible to take him to court? A credit reference was done on him before he moved him so we have some details.
    Thank you for any advice.

  2. #2
    Join Date
    Feb 2014
    Location
    Midlands
    Posts
    12,525

    Default

    Your fundamental issue is not being in the UK.

    If you use the small claims court the tenant's best bet is to simply agree to go to mediation or court.
    You aren't going to fly back to the UK for £700 (I'd guess), so they'll win by default.

    You could retain a solicitor to make a claim (not using the small claims route - but the courts might assign it there anyway), but, again, on a practical level, you'll be spending more than its worth.

    Hopefully, your tenancy agreement allows you to use the deposit to cover rental arrears and you can reduce your losses somewhat that way.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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