Tweet
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!
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!
Comment