Recoup costs from tenants owing arrears and caused damage?

by Readers Question

9:24 AM, 9th May 2016
About 2 years ago

Recoup costs from tenants owing arrears and caused damage?

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Recoup costs from tenants owing arrears and caused damage?

We would be interested in knowing how to go about recouping costs from tenants regarding the damage they have caused.property damage

Our tenants left owing arrears and having caused significant damage to our property. We do not know where they are (although we do know where one of them worked/still may work).

We have received payment of the arrears as we had taken out an insurance with the letting agents. However, the house was left in a disgusting condition (despite the ‘management’ of an agency) and to put right the damage and so on will cost us a significant amount.

We are interested in tracing the tenants and recouping these costs in addition to recouping lost earnings while the house is unfit to re-let.

Does anyone know how we might proceed?

Many thanks

Penny



Comments

Neil Patterson

9:27 AM, 9th May 2016
About 2 years ago

Hi Penny,

I am definitely not an expert in this area so I would ask our partners at The Sheriffs Office if you wish to contact them at the bottom of this page >> http://www.property118.com/free-guide-enforcing-judgements/70013/

Knowing where one of them works though is definitely a good start 🙂

12:25 PM, 9th May 2016
About 2 years ago

hi i would like to know
how do you prove what's yours at end of periodic tenancy when there was no inventory in place

David Price

14:03 PM, 9th May 2016
About 2 years ago

Penny please do not waste your time for you are unlikely to get any payment. Lick your wounds, get on with life and do not make the same mistake again.

It's happened to me a hundred times and trying to recoup any of your losses is like flogging a dead horse - not only dead but buried for the last 20 years.

Hattie

15:33 PM, 9th May 2016
About 2 years ago

Hi Penny

As David said you are unlikely to get anything back anyway without spending a lot of time and money. My property was trashed - tenant in arrears and when we had been to court for the third time to get her (and her 4 children) out by bailiffs, the judge said to us in front of her "I would award you damages and arrears but you are unlikely to get them" So what chance of getting any recompense? She owed us over ÂŁ3000 plus damages to the property plus 2 years rent while it was being renovated.Be glad you have your property back!

Gary Dully

9:58 AM, 10th May 2016
About 2 years ago

As David and others have stated, you would first need to trace them. (Ker Ching)
Then you will have to sue them through the small claims court.(MCOL). (Ker Ching)
Then you would have to enforce the judgement. (Ker Ching)
Then you will find that the debt enforcers won't or can't get them to pay. (Ker Ching)
Then they will tell you to uplift to a High Court (Ker Ching)
Then they will tell you to go for an attachment of earnings (Ker Ching)
Then you would have to give up and write it off. (Ker Ching)

Perhaps this is why the various landlords associations are absolutely useless in dealing with one of the worst aspects of being a landlord.

This expensive legal nonsense has been dreamt up by committee after committee of various governments, that have so watered down any protections for landlords that it is now becoming economically futile to follow the legal processes anymore.

I have wondered how long it will be before the big corporates coming into the market tell our politicians that this system is a 'piss take' and just isn't fit for purpose.

Every step of obtaining lawfully due rent is an additional cost and then we have various credit supply companies that even give loans out to people that are CCJ'd and bankrupts. -

That should be banned by the FCA

What's the point of even going down the legal route?

If you have legal possession back - be thankful.

I suppose you could MCOL them for a nominal amount of ÂŁ50, just so you can screw up their credit rating.

Steve From Leicester

10:29 AM, 10th May 2016
About 2 years ago

Reply to the comment left by "Gary Dully" at "10/05/2016 - 09:58":

Wise words from Gary Dully. Unless they've got money or assets (unlikely if they couldn't / wouldn't pay the rent) then you'll just be chucking good money after bad.

As a landlord you are effectively running a business. Make a business decision to put it down to experience and move on.


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