OOOH! What a lovely compliment! :thankyou:
Tenants done a bunk advise please, very upset!!!
- Thread starter SlimDreams
- Start date
OOOH! What a lovely compliment! :thankyou:
cocktailprincess
Still rockin' it
TBH I think in your position I would leave it.
I understand that this is completely unfair and accept that they obviously owe you a lot of money, but I think a protracted county court claim would be incredibly stressful considering you will be bumping into them all the time and they are unpleasant.
If you did issue a county court claim and then got a judgement against them (CCJ) this will not force them to pay- it is just the court agreeing that they owe the money. They can offer as little as a £1 a month in payment at this point and the court are likely to accept it looks like that is all they can afford. You could try for an attachement of earnings or even bailiffs to be sent out if they still refused to pay, but each method of enforcement will have to be paid for by you initially and still doesn't guarentee that you will actually get any money at all- you can add the cost to the balance that they owe, but if they never pay it you may just be throwing good money after bad.
The only thing I may consider is to write them a letter- and I would be more inclined NOT to make it all demanding and official. I would maybe state something like "We know you will be aware that £xxx is still legally outstanding in unpaid rent, but in the interest of keeping on good terms we would be willing to accept half of that balance in settlement of the debt owed. If you would like to speak to us regarding possible payment terms for this balance then please contact us as I an sure you are as eager as we are to resolve this issue and move on as pleasantly as possible"
Just a thought- good luck with whatever you decide, mate. This must be a horrible situation at such a difficult time
xxxxx
I understand that this is completely unfair and accept that they obviously owe you a lot of money, but I think a protracted county court claim would be incredibly stressful considering you will be bumping into them all the time and they are unpleasant.
If you did issue a county court claim and then got a judgement against them (CCJ) this will not force them to pay- it is just the court agreeing that they owe the money. They can offer as little as a £1 a month in payment at this point and the court are likely to accept it looks like that is all they can afford. You could try for an attachement of earnings or even bailiffs to be sent out if they still refused to pay, but each method of enforcement will have to be paid for by you initially and still doesn't guarentee that you will actually get any money at all- you can add the cost to the balance that they owe, but if they never pay it you may just be throwing good money after bad.
The only thing I may consider is to write them a letter- and I would be more inclined NOT to make it all demanding and official. I would maybe state something like "We know you will be aware that £xxx is still legally outstanding in unpaid rent, but in the interest of keeping on good terms we would be willing to accept half of that balance in settlement of the debt owed. If you would like to speak to us regarding possible payment terms for this balance then please contact us as I an sure you are as eager as we are to resolve this issue and move on as pleasantly as possible"
Just a thought- good luck with whatever you decide, mate. This must be a horrible situation at such a difficult time
xxxxx
*Cupcake*
is working hard.....
I think that people who behave in this way SHOULD have to face the consequences of their actions, and if the letting company doesn't fulfil their obligations and chase what is owed to you, then moneyclaim online as earlier posts suggested is the way forward (but I do agree you need to be back here first to do it in person).
By all means send a firm but polite letter first asking for what you believe to be outstanding, but then make it clear you reserve the right to chase the debt as you see fit. And do calculate the full amount.
Moneyclaim online is very very easy, and quick and even if your tenants defend the claim you make, it is a simple procedure to follow through in court with your contracts and letters as eveidence, and photographs you can take upon your return. You will be guided every step and you don't need to pay a solicitor. I doubt it will be protracted - either they agree to pay or defend the claim, in which case you both attend court with your evidence and a judge decides. I do have personal experience of chasing a debtor here so please PM me if you would like to know more.
Don't forget, these tenants may have a history of this type of behaviour and this may be the last thing they need - and pay up once the papers reach them. They will also struggle to sign further tenancy agreements if you have to go as far as enforcing the order as a County Court Judgement (CCJ) will show up on a credit check. Even if you only ever get is the nominal amount of £1 a month, the principle of them having to take responsibility is what counts I feel, and will certainly prevent this from happening again - you may even help your neighbours who own the house they are in now and stop them from doing the same there.
All entirely upto you of course, but tenants like this give all others such a bad name. So many 'get away with it' and that is not fair on landlords like you. I understand the emotions of it (as I say, been there done that!) but once it is all underway it really is a weight lifted and a bit like slimming, you feel like at least you have done something!
Just my opinion of course! Good luck with it all but don't let this cloud your return to this country and the goodbyes to your current one. Take care hon, xx
By all means send a firm but polite letter first asking for what you believe to be outstanding, but then make it clear you reserve the right to chase the debt as you see fit. And do calculate the full amount.
Moneyclaim online is very very easy, and quick and even if your tenants defend the claim you make, it is a simple procedure to follow through in court with your contracts and letters as eveidence, and photographs you can take upon your return. You will be guided every step and you don't need to pay a solicitor. I doubt it will be protracted - either they agree to pay or defend the claim, in which case you both attend court with your evidence and a judge decides. I do have personal experience of chasing a debtor here so please PM me if you would like to know more.
Don't forget, these tenants may have a history of this type of behaviour and this may be the last thing they need - and pay up once the papers reach them. They will also struggle to sign further tenancy agreements if you have to go as far as enforcing the order as a County Court Judgement (CCJ) will show up on a credit check. Even if you only ever get is the nominal amount of £1 a month, the principle of them having to take responsibility is what counts I feel, and will certainly prevent this from happening again - you may even help your neighbours who own the house they are in now and stop them from doing the same there.
All entirely upto you of course, but tenants like this give all others such a bad name. So many 'get away with it' and that is not fair on landlords like you. I understand the emotions of it (as I say, been there done that!) but once it is all underway it really is a weight lifted and a bit like slimming, you feel like at least you have done something!
Just my opinion of course! Good luck with it all but don't let this cloud your return to this country and the goodbyes to your current one. Take care hon, xx
fillymum
synful soul
Even if you only ever get is the nominal amount of £1 a month, the principle of them having to take responsibility is what counts I feel, and will certainly prevent this from happening again - you may even help your neighbours who own the house they are in now and stop them from doing the same there.
All entirely upto you of course, but tenants like this give all others such a bad name. So many 'get away with it' and that is not fair on landlords like you. I understand the emotions of it (as I say, been there done that!) but once it is all underway it really is a weight lifted and a bit like slimming, you feel like at least you have done something!
Just my opinion of course! Good luck with it all but don't let this cloud your return to this country and the goodbyes to your current one. Take care hon, xx[/QUOTE]
And I have to agree as this is my opinion too !!!
Good luck !!!
All entirely upto you of course, but tenants like this give all others such a bad name. So many 'get away with it' and that is not fair on landlords like you. I understand the emotions of it (as I say, been there done that!) but once it is all underway it really is a weight lifted and a bit like slimming, you feel like at least you have done something!
Just my opinion of course! Good luck with it all but don't let this cloud your return to this country and the goodbyes to your current one. Take care hon, xx[/QUOTE]
And I have to agree as this is my opinion too !!!
Good luck !!!
SlimDreams
Full Member
The progress so far is this
It appears that i can legally move into my house a month earlier, which suits me, that then leaves them only 2 months in arrears. It still doesn't take into account the cleaning of the house and the decoration of the house.
TBH i am ambivalent about it all on one hand i take CP's train of thought and then on the other hand why should i let them get away with it feeling. BUT i have to live near them and i really don't want to move, it wold cost me far more to move the amount i could potentially loose. So my feeling today is to wait and see what the Agency come up with and then take it from there.
Thanks everyone xxxx
It appears that i can legally move into my house a month earlier, which suits me, that then leaves them only 2 months in arrears. It still doesn't take into account the cleaning of the house and the decoration of the house.
TBH i am ambivalent about it all on one hand i take CP's train of thought and then on the other hand why should i let them get away with it feeling. BUT i have to live near them and i really don't want to move, it wold cost me far more to move the amount i could potentially loose. So my feeling today is to wait and see what the Agency come up with and then take it from there.
Thanks everyone xxxx
Jennyonaplate
Gold Member
It's a tough one, and whenever you rent our a property you're at risk of unwittingly getting bad tenants. My motto is that things could always be worse - they might not have left, leaving you with expensive eviction procedings, they could've stripped the house or they could've intentionally caused damage as revenge.
The reason you have the bond or deposit is to cover any damage or cleaning, so it's important that the agent gives this to you, and not return it to the tenant. I would also suggest that as the agent hasn't been pro-active in the situation, that they waiver their fees for the remaining period.
I understand what you mean about having to live with them (well near them) and letting the situation go, epsecially when it's a time when you want to be focusing on enjoying returning home and settling back in, rather than dealing with legal situations and court cases.
You pay the agency to deal with the stress - let them deal with it and focus on what colour schemes you can play with to cover up the bottle green and red!
The reason you have the bond or deposit is to cover any damage or cleaning, so it's important that the agent gives this to you, and not return it to the tenant. I would also suggest that as the agent hasn't been pro-active in the situation, that they waiver their fees for the remaining period.
I understand what you mean about having to live with them (well near them) and letting the situation go, epsecially when it's a time when you want to be focusing on enjoying returning home and settling back in, rather than dealing with legal situations and court cases.
You pay the agency to deal with the stress - let them deal with it and focus on what colour schemes you can play with to cover up the bottle green and red!
I agree with the others who say take them to the small claims court. It isn't a big deal like you might think of a court case, the date should be arranged fairly quickly and the case doesn't drag on. Don't worry about seeing them on your road, unless you think they are violent and so in danger, you are leaving in a matter of weeks!!
patsy101
Full Member
First I would write a letter to your agent stating you are having a solicitor look into the contract you have with THEM (that may be enough to make them jump into action)
Then I would write a letter to the owners of the NEW rented house letting them know what their new tenants have done to you and your property.
Next look at the small claims procedure and decide if you have the time and energy to go through with it. I don't think you can keep part of the bond for unpaid rent (not 100% on this) So you really need a friend to get round to the house and take some pictures for you. Then you can deduct what you think is necessary to restore your house.
I think the most important thing with anything like this is to keep a full record of names,dates and times.
Really feel for you hun, there are some real nasty people in this world.
Then I would write a letter to the owners of the NEW rented house letting them know what their new tenants have done to you and your property.
Next look at the small claims procedure and decide if you have the time and energy to go through with it. I don't think you can keep part of the bond for unpaid rent (not 100% on this) So you really need a friend to get round to the house and take some pictures for you. Then you can deduct what you think is necessary to restore your house.
I think the most important thing with anything like this is to keep a full record of names,dates and times.
Really feel for you hun, there are some real nasty people in this world.
losc2522
Full Member
Hi there Deryn
Gosh i could have written this post myself. me and my hubby were in the exact same position in January this year. we rented our house out for 4 years, tenant was always a bit of a crank, but essentially she always paid the rent. She did a bunk in January, i still have her deposit but she owes me far more, cost us a fortune to get the house back to what it was and she also owed us 2/3 months rent.
But although the emotional strain it caused us was awful, i have high blood pressure, in the end, we decided against taking court action. it costs 80.00 to lodge in a small claims court, but unless the tenants have any money, its nigh on impossible that they will have to pay it all back! We just said good riddens, and in the long run its absolutely worked out the best for us. We had to relocate and move back home into our house, but i believe in karma, and im glad now that we are back, although we never planned on moving back from down south. The emotional stress it would have caused both of us to pursue it would have just been too much. I was an estate agent for 8 years so knew where i stood. I really hope you manage to sort it all out, and good on ya if you do go through the courts, theres nothing to say it wont work for you!!! xx
Gosh i could have written this post myself. me and my hubby were in the exact same position in January this year. we rented our house out for 4 years, tenant was always a bit of a crank, but essentially she always paid the rent. She did a bunk in January, i still have her deposit but she owes me far more, cost us a fortune to get the house back to what it was and she also owed us 2/3 months rent.
But although the emotional strain it caused us was awful, i have high blood pressure, in the end, we decided against taking court action. it costs 80.00 to lodge in a small claims court, but unless the tenants have any money, its nigh on impossible that they will have to pay it all back! We just said good riddens, and in the long run its absolutely worked out the best for us. We had to relocate and move back home into our house, but i believe in karma, and im glad now that we are back, although we never planned on moving back from down south. The emotional stress it would have caused both of us to pursue it would have just been too much. I was an estate agent for 8 years so knew where i stood. I really hope you manage to sort it all out, and good on ya if you do go through the courts, theres nothing to say it wont work for you!!! xx
