Advice sought on how to frame claim for ongoing rent arrears debt

[wales01man]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

I think that everyone on here supports you and wants to see you regain possession of the property problem as usual in these cases is the other side they are playing the system unless they are totally stupid they will be out in the end .

[PlanB]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Thank you once again PlanB. You guessed right . . . .

. . . . Now that you say it, I can see how filing multiple claims might be perceived as harassment. It had never occorred to me otherwise. Thank you once again for your time, thoughts and suggestions.

[Tools]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Tigs your application is for possession of the property under section 21. You cannot amend your claim in my humble opinion. This is not a MCOL money claim.

Wait for Tools to disagree with me.

As you have now noted, this is a separate claim and as such could be amended to vary the claim.

[PlanB]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

As you have now noted, this is a separate claim and as such could be amended to vary the claim.

Albeit that would be unwise as the OP has acknowledged. And I still doubt that it is legally possible at this stage in the proceedings IMHO. A Defence of harassment (and other issues) has already been filed by the OP's Tenants. The OP's next legal step has to be to a Reply to that Defence.

Thank you once again PlanB.

Now that you say it, I can see how filing multiple claims might be perceived as harassment. It had never occorred to me otherwise. Thank you once again for your time, thoughts and suggestions.

[PlanB]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Tigs, I'm not going to be around for a while so may I wish you the very best of luck recovering the rent you're owed and recovering your home.

PlanB xx

[SpringerSpaniel]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

You would include it in the claim for possession; ongoing losses, referred to as 'mesne profits' after the expiry of the tenancy, at the rate of £x per month. Hence the sum due is calculated at the date of judgement and the claim is not for a fixed sum.

It is one of the remedies sought by the claimant in their claim.

However, this would probably take your possession claim out of the fast track, hence delaying gaining possession and in fact meaning that your losses are likely to increase in the meantime.

[Tigs]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

PlanB - Thank you for sharing your story. I'm sorry to hear about your situation. Thank you for the philanthropic spirit you show in helping others regardless of your own situation.

[Tigs]

Tenant appears to have gone with house keys & rent due....help sought please

I am seeking advice from members please - tenants with whom I have a dispute appear to have left the house without informing me and without paying rent for over 4-months.
Neighbours have informed me that apart from the trampoline which is in the garden, the house seems vacant and there has been no sign of any one. A section 21 Notice was undefended and I have applied to the Court for a possession Order and I'm awaiting the outcome. There is a default judgment against the tenants for just over £1k.

To go to the house will be a 7 - hour round trip. The house is alarmed and there is a risk that the tenant might have left the alarm on out of spite if I gain access to the house using a spare set of keys.

I originally gave the house keys to my other neighbours who are related to the tenants and have let me down badly. These neighbours are the ones who physically gave the tenants the house keys at the beginning of the tenancy following an agreement. They had approached me to ask if I could take in their relatives as tenants. But my communications with the once friendly neighbours have broken down irretrievably. The unfolding situation has been described elsewhere on this and other threads and I have received a lot of help and advise from members.

I would be grateful for any hints and tips on how I might approach this situation bearing in mind the volatility of the legalities around tenant rights.

[MissFM]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Hi Tigs

I'm so very sorry that you are still enduring this situation.

Unfortunately, Plan B is right that the law does now favour the tenant and if you do get a rogue one you have to tread very carefully indeed.

Your only "safe" option is to await the court order for repossession (how long before that is granted?), then you can get the locks changed etc..

There is, though, "implied surrender", if you think that applies - the key (sorry, can't avoid the pun ) thing being that the tenant leaves the keys behind as well as removing all possessions. The below link is quite helpful on this:

http://www.landlordlawblog.co.uk/201...der-explained/

HTH x

[Tigs]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Thank you MissFM for taking the trouble to read my post and respond. Yes, I will wait for the Order from the Court. I called the Court for an update today and it seems the file has been to the Judge and I await the outcome. Thank you also for the link which I had never come across before - and is of interest.

[Tigs]

A BIG THANK YOU to all the Forum Members who helped me .....!

A heartfelt thank you to all the Members who gave me the advice I needed to get me to the place I am now! I have possession of my house!!

As an 'accidental landlord', I am indebted to Members for the valuable advice and support which in this day of consumerism is rare to find without costing an 'arm and leg'. I have been left 'speechless' by the philantropic spirit shown by Members - your help made a huge difference to my well being, as well as my ability to fathom a coping strategy to help counter escalating stress levels.

Many thanks to one and all, and many best wishes.

Please keep up the good work!

[wales01man]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Well done

[Tools]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Good to hear your news is positive Tigs, well done. Stick around you never know what else we could help with, or what you could help others with.

Did you manage to recover any arrears from the tenant and what was the property like when you finally got access

[Tigs]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Thank you Tools. The house was utterly trashed - the squalor, dirt and grime is unbelievable, and the tenants had two young kids. An entire internal door is missing; food rotting in the oven amongst other things.

The arrears issues are on-going with the tenants filing a defence stating that they withheld the rent because I refused to carry out essential repairs which allegedly led to condensation and mould. Last Friday a surveyor inspected the property and concluded that any condensation was due to lifestyle rather than any default with the house.

At the beginning of my thread, I mentioned that the tenants are close relatives of my long time neighbours who are retired couple who I held in the highest regard. They had requested that I help their family. I gave the house keys to my neighbour in 2012 with the promise that they will look after the house. The rest is history as they say. They don't want to know me now and I have received some pretty sickening e-mails.

The tenants abandoned the house leaving bulky items inside and outside the house, and I have been left to pick up the pieces on top of the 5 - months rent arrears.

In the meanwhile, it has become obvious that debt collection agencies are after the ex-tenants. Judging by the correspondence that has arrived over the past week, the tenants are heavily in debt.

Would I be infringing any data protection regulations if I directed the debt collection agencies to the neighbour's address (this is the address the ex-tenants are using for correspondence currently, I'm trying to find out where they have moved to).

[MissFM]

Re: Advice sought on how to frame claim for ongoing rent arrears debt

Hi Tigs

So glad you have you're house back but really sorry the troubles continue in another form

FWIW, we have had tenants from hell in the past and it's probably best to just draw a line and move on - you won't get money from them if they have none and you are unlikely to get any redress, just more grief and frustration. It's energy better spent on moving forward.

If they have left your neighbours as a forwarding or c/o address for their mail then there can't be any harm in redirecting all correspondence there.