Seeking advice on court process for property damage claim?

Seeking advice on court process for property damage claim?

0:01 AM, 11th July 2024, About A week ago 6

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Hi, I need some advice. My ex-tenant damaged my property, identified during the check-out inspection. The deposit scheme doesn’t cover the full cost and has declined to negotiate a settlement.

Since the damages exceed the deposit, adjudication won’t help. I’ve spent 1.5 months trying to negotiate with the tenant via email and the deposit portal, but they’ve been unresponsive and haven’t provided final utility bills.

The deposit scheme has allowed me to take this matter to court. Can someone guide me on how to proceed? I assume I need to use Money Claim Online (MCOL) via this link: https://www.moneyclaim.gov.uk/web/mcol/welcome.

Both tenants, a husband and wife under an AST agreement, are responsible. I can’t use the new Money Claims Service since the claim is against more than one person.

Do I need to follow any pre-action protocols again if we’ve already tried to negotiate via email, phone, and the deposit scheme portal?

Thanks,

NB


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Paul B

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10:42 AM, 11th July 2024, About A week ago

Oh dear. You don't quantify the damage value? Before going down any route ask yourself if it is worth the aggro. There is little point in winning a claim if the ex tenant is skint. Most landlords on this forum will have had issues on hand back but will budget for expenses between tenancies. If the ex tenant has no money, or cannot be traced, then it may be a fruitless exercise.

moneymanager

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10:54 AM, 11th July 2024, About A week ago

A likely Pyrrhic victory, the best likely outcome is you get to file a black mark on a credit file.

SteveFowkes

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12:18 PM, 11th July 2024, About A week ago

Anything under 5k walk away

john speakman

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12:56 PM, 11th July 2024, About A week ago

What is the best way to go with a working tenant with good guarantors when damage is around £15000.00 to £18000.00
I am in this situation, tenant abandoned property about six weeks ago?

Michael Booth

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15:39 PM, 11th July 2024, About A week ago

Unless it is a substantial amount don't bother it will cost you more,the system is a utter discrace, bite the bullet and move on .

Simon M

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21:45 PM, 11th July 2024, About A week ago

I would make a claim - MCOL is intended to be easy to navigate for most cases. Assuming the tenants are joint and severally liable, both can be listed on a single claim.

Raise a single claim naming both tenants. At worst they don't repay, and they'll find it difficult to get credit, and few landlords will house them. They may/should now start negotiating to avoid the court/CCJ. If you have good evidence and they fail to defend the court will decide without a hearing.

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