Absconded tenant

[Sparklecat]

Hello

I am looking for advice about claiming rent arrears from tenants who absconded owing rent. I know the address of the tenants mother in law. Would the court accept that address if I started a claim?

I have no idea where the tenants have gone but they claimed HB. UC has not been put in place for couples in the locality, so I don't think they were waiting for a payment. I believe they claimed the HB but did not pay me. Is it worthwhile contacting the local authority which paid the the HB that I did not receive?

Advice appreciated, cheers.

[Diana M]

There are tenant tracing services but before you part with your money maybe you should turn detective.

Who 'provided' the tenants such as letting agent? If so then maybe they can hep you trace them or be made to take some financial responsibility if they didn't reference them properly.

Were the tenants referenced by you (if no agent involved) and if so were you given a copy of their reference which should provide you with details of their employers (although maybe not applicable in this case), next of kin (mother-in-law?), and bank details (you can write to them c/o the bank but not issue/serve a claim via the bank) and so on.

How many weeks were they in rent arrears before they fled? If it was 8 weeks or more then you had the right to ask the Local Authority to pay Housing Benefit to you direct. I'm not sure whether the HB team will cooperate with you now but call them to ask.

However before you do that bear in mind that if your tenants were overpaid HB then the Council has the right to claw back the overpayments from you (Landlord) even if you never received the money from your tenants so do your research first.

Have they returned the keys so that you have legal possession of the property?

Are you only intending to claim rent arrears or have they vacated during the fixed term so maybe owe rent until a future date (when the fixed term expires)?

Have you been able to re let the property? You can't claim rent owed under the fixed term if you have re let.

Did you take a Deposit from the tenants which you can use to offset against rent owed?

A little more information will hopefully get you a little more help.

Di

[Sparklecat]

Thanks for your response Diana
The house belongs to my elderly aunt and she is not the most businesslike and up to date landlady, she treats tenants like friends and trusts them all She has only just told me about the rent arrears. The tenants left today by posting the keys through the letterbox of the next door neighbour.

The deposit was £100 but they owe c £2000 (from October 2017). They gave notice they were leaving on 14th Feb' but just left today. They usually pay cash and Auntie completes their rent book.

Auntie has a new tenant moving in next week and I am trying to oversee that because Auntie thinks the new tenant is a 'lovely lady'. She may well be but we know nothing about her. I have advised checking a passport and taking a proper deposit of £500. If there is anything else? Advice would be appreciated. Thanks.