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  1. #1
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    Default First time using MCOL, hoping someone can help!

    Hi
    This my first time using mcol so hoping someone could just reassure/guide me in the right direction.


    I am a landlord currently living overseas.
    I am claiming damages and rent arrears from ex tenants who were living together in my property as a couple.
    I was told when they left the property that they had split up. He gave a forwarding address, she didn’t. So I don’t know her whereabouts.
    I also have a guarantor and his current address.
    I asked a solicitor to chase but they were unsuccessful. However I do have copies of the solicitors letter before claim to both the tenants at the forwarding address, and the guarantor at his current address, giving them both14 days to respond, and they have not.


    I have the following questions and hoping someone could help with:

    1) I assume the solicitors letter before claim is adequate for preaction protocol?
    2)) The online form only allows 2 defendants. I have 3 . I noticed an email address to write to, to help with this, but assume this means I would have to go down the paper route (n1)?
    3)If this is the case do I need to find the female tenants address?
    4)The tenants left in 2014, although they were more than aware of the debt and damage (eg one of the items of damage was they had a dog and the house was left infested with fleas, it took 4 weeks to rid the property of the fleas. They must have itched like crazy!) – however I don’t think I can charge interest seeing as I am only doing something about this now. Is that correct? What is the position regarding interest?
    5)Is the following adequate for the particulars of claim:
    Ms XX and Mr xx were tenants at my property xxxx for the period xxx to xxx.
    Mr xx was guarantor for the period.
    The tenants left the property with £xx arrears and £x damage broken down as:
    Removal of fleas and loss of rent £x
    Cleaning £x
    Rubbish removal £x
    Replacement carpet £x
    Despite my attempts, and despite their initial agreement, the tenants will not respond regarding releasing the full deposit of £x to me. I request this be done as part of the claim.
    I also claim for full legal costs as allowable under clause xx of the tenancy agreement which states ‘xxxx’
    Total to be claimed £xxx
    All evidence will be available to the court should they require.



    Many thanks for any help – I’m struggling so it will be really appreciated!

  2. #2
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    Default Re: First time using MCOL, hoping someone can help!

    1) Yes, they had a pre-action letter and have been warned.
    2) I believe you would have to go down the paper route for 3, but as you don't know where the female defendant is I'd just pursue the defendants with whereabouts you do know. They in turn can pursue her for their loss.
    3) If you wish to pursue her, yes.
    4) I believe you can charge interest from the date of filing the claim.
    5) Looks fine for the MCOL form, but I'd removed the last line about evidence as it's assumed to bring the claim that should it go to hearing you will support your claim with evidence.

  3. #3
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    Default Re: First time using MCOL, hoping someone can help!

    Thank you so much jaguarsuk for taking time to reply and being so comprehensive with your answers! You have been a great help.

    Ok I will press ahead with mcol just using the 2 defendants.....thanks again!

  4. #4
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    Default Re: First time using MCOL, hoping someone can help!

    Hi

    The claim part for damage will need setting up prpertly if they respond. Arrears claims are faily straight forward usualy

    Did they have a deposit, ( and was it registerd properly )
    Did you have signed inventory for them moving in ( idealy with pictures )
    How long was they tenants for ( wear and tear )
    Did your tenacy contract exclude pets or require agreement from you

    the more evidecen you have, in relation to damages, the better
    crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

  5. #5
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    Default Re: First time using MCOL, hoping someone can help!

    Quote Originally Posted by missmooch View Post
    Thank you so much jaguarsuk for taking time to reply and being so comprehensive with your answers! You have been a great help.

    Ok I will press ahead with mcol just using the 2 defendants.....thanks again!
    No problem at all, it'll be quite a lengthy process if they defend the claim, keep the link to this thread and up date it as you go with any questions and I'm sure you'll have plenty of help along the way.

    Good luck.

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