Tenant has moved out and destroyed furniture – refusing to pay?

Tenant has moved out and destroyed furniture – refusing to pay?

9:13 AM, 27th April 2023, About 3 years ago 22

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Hello, Tenants have moved out and destroyed most of the furniture, doors, and white goods. I have sent them an invoice for the replacement of the damaged items. But they are refusing to pay.

They are also refusing to pay 3 months rent.

Any suggestions on what I can do next?

Thank you,

Ravel


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Steve Riley-Snelling

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Member Since February 2023 - Comments: 5

10:40 AM, 27th April 2023, About 3 years ago

I would send then a Letter Before Action, setting out your losses and giving them 14 days to pay. Tell them that if payment is not received you will commence legal proceedings in the County Court.

You can due them via Money Claim Online and it doesn’t cost a lot. If you win, which you should, you can get a CCJ for your losses, Court fee and interest.

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Martin Ball

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Member Since March 2023 - Comments: 4

11:17 AM, 27th April 2023, About 3 years ago

Sorry to say I suffered a very similar situaion, I have a CCJ from February 2022 awarding me the rent owed and court costs, I have received not one penny, I can see not point in spending more time and money pursuing them for the £ 10,550 the repairs cost, the system does nothing for us, there is no justice for private landlords I’m sad to say. Yes I did references and credit checks, perhaps there should be a private database of bad temants we could check but I’m sure they’d find a way to say we’re breaking the law. Sorry but my advice would be to get it repaired as soon as you can afford and find a new tenant or sell the property

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GlanACC

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Member Since March 2023 - Comments: 1431

11:32 AM, 27th April 2023, About 3 years ago

You wont get the money but it is still worth doing a moneyclaim for £100 as this is fairly cheap but will give the tenants a CCJ (and stuff him for 6 years) . If it was a joint tenancy you can put both people on the same claim for the same price.

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Allan Thornton

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Member Since July 2019 - Comments: 12

11:39 AM, 27th April 2023, About 3 years ago

After 35 years in the business, I would say concentrate on getting your asset back in action ASAP to minimise losses.
It is important to go after them in court, but the objective of that exercise is the CCJ. You are unlikely to get any money no matter how much you spend on Debt recovery.
This has happened more than a few times over the years to me and every landlord in the country. So relax and get on with the rest of your life as quickly as you can. And do referencing from landlord, employer and bank.
Hope that helps

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Jacquie Ellis-Jones

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Member Since November 2015 - Comments: 4

11:42 AM, 27th April 2023, About 3 years ago

I would suggest it may be worth checking if they already have any CCJ’s otherwise the court route will just cost you money with no effect.
I am a landlady and have a business where I often have to pursue debts. Those with no current CCJ’s are far more likely to pay up. Those already with CCJ’s just don’t care and never pay. They just end up costing more time, stress and money!

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Rob

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Member Since April 2014 - Comments: 984 - Articles: 2

12:08 PM, 27th April 2023, About 3 years ago

I would contact my insurance company and make a claim. Let them chase the tenant. Don’t clear up the mess until they have had the opportunity to send a loss adjuster. Loss of rent will be covered if you have a decent policy.

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NewYorkie

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Member Since October 2013 - Comments: 1555 - Articles: 3

12:20 PM, 27th April 2023, About 3 years ago

The pain never ends for landlords…

My pain was £20k, but the [fully referenced] tenant ended up in prison for a vile offence, so no chance of payment. A CCJ means nothing to people in that sub-class.

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RoseD

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Member Since September 2022 - Comments: 198

12:52 PM, 27th April 2023, About 3 years ago

I think you’ve got your answer as to moving forward Ravel. Painful, gut wrenching experiences makes you consider options and why so many Llords exiting PRS. Best not to include white goods or furniture however tempting (tenants provide these if they want them) and ensure you have good insurance policy as well as rent and court cost recovery.

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Grumpy Doug

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Member Since January 2016 - Comments: 225

13:11 PM, 27th April 2023, About 3 years ago

Consider a guarantor for your next tenants, on top of all the other due diligence that you must do

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Student Landlord

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Member Since June 2017 - Comments: 1

13:41 PM, 27th April 2023, About 3 years ago

Doesn’t this satisfy the definition of criminal damage…’Section 1(1) CDA 1971 – A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.’ If the tenants actions are considered criminal damage, say you’ll report them to the police. I own a number of student properties and have suffered a lot of needless damage over the years. It’s surprising as soon as I say I will report the tenants to the police how enthusiastic they are of putting things right. My view is, they know what they are doing, when they are doing it and I’m not going to pay for their disrespectful behaviour.

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