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  • Buy-to-Let

    Court procedure to sue a tenant

    Had a tenant defecate a room - the bed, carpets, curtains, bathroom etc,,,everywhere. He has done a bunk after the 1st month of his 6 month tenancy....The room was brand new and beautiful....i am literally shaking with anger i want to kill the disgusting filthy bleep bleep...

    I have never bothered in the past of taking tenants to court, but this one has really got me upset and i dont care if i never get any money, i just to punish this bloke at what ever cost. I want justice. Could someone tell me what i do next? Do i go online to make a money claim to my local small claims court? is that procedure?

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    It depends on how much you are talking about. Moneyclaim online should be your starting point though.

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    David Smith
    Landlord & Tenant Solicitor
    Anthony Gold Solicitors

    Find me on LinkedIn: uk.linkedin.com/in/dsnsmith

    All opinions are my own and do not reflect those of my firm. No comment made should be taken as legal advice and you should consult a solicitor or other legal professional for advice on your specific situation.

    Thanks David....well assume i can claim for the lost rent from the remaining 5 months and the damage and cleaning costs so about £3.5k ?

    as i say i doubt i will ever get it back and it will cost me to do this.....but i want to get my friend a CCJ to black mark him from ever doing this to another landlord again

    its purely revenge that is motivating me....dosen't make me sound a very person but trust me if you saw what this guy did to this room you would understand!

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    Don't bother it is a waste of your time.. This wrongun tenant has already cost you money.

    Pursuing him for recovery will cost you more money which basically means that your wrongun tenant is costing you even more money!!

    Register him with LRS so that if any other LL uses LRS they will be able to contact you to verify this tenant's provenance at which point you may advise all you know about the tenant to the new prospective LL.


    Next time use the services of LRS and try and obtain RGI though it wouldn't have been much use in this case

    What has happened to you is extreme, but I have suffered similar losses and recovery was impossible.

    You just have to take it on the chin.

    If every LL used LRS then this would prevent many wrongun tenants from obtaining tenancies. Until every LL does then they will continue to be victims of wrongun tenants.

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    Sorry to be dim. Is that a specific company? I did a search and found mention of a company called LRS based in London. Do they have a register of bad tenants? Is it U.K. wide?  Thanks. Still learning ?

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    No the company is based in WSM

    https://www.landlordreferencingservices.co.uk

    Give them a call..

    They are more than happy to explain everything to you.

    Usually it is Ken, sometimes the owner Paul Routledge.

    They will effectively hold your hand and guide you through their processes.

    Sorry for using abbreviations, I forget that there are newbies like you.

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    I'd like to make a money claim as my former tenant gave me only 2 weeks notice instead of 2 months and left the garden in a bad shape. The rental arrears is £1,600.00 and tenant is willing to release deposit of £1,150.00 and nothing else. The total amount to claim will be around £3,500.00 including rental arrears.

    Is there a possibility to win it through court?

    Would I have to wait to let my property again until finalise the case?

    Please I need some advice.

    Thanks

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    At the end of a fixed term a tenant does not need to give any notice, Otherwise he only has to give 1 months notice, Why do you think he should have given 2 months notice?

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    In my opinion you should sue anyone (tenant, agent, landlord, MP...) who owes you money & get judgement.


    Then, either they pay (fine!) or get a CCJ: And find renting elsewhere (from landlords with the sense to credit check) or getting credit (eg mobile 'phone contract..) very difficult or very expensive.


    Anyone who behaves as you describe (tenant, agent, landlord, MP...) is intolerable and should be pursued, forever, regardless of time & cost to you, to ensure the little scr*at suffers.


    Did you credit check him?

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