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Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6445
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have just had a tenant vacate my property which was left

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I have just had a tenant vacate my property which was left absolutely filthy with damage to vinyl flooring, walls, carpets, and floorboards. There was no official inventory or schedule of condition when she moved in but I do have a signed letter from her agreeing to carry out certain works which she didn't do. She used a large part of her deposit to pay the final month's rent and I was left with £500 to carry out the repairs she had consented to. The repairs and cleaning come to in excess of £1200 and my insurance doesn't cover them. Can I pursue her through the courts?
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.
hi

Do you have a written tenancy agreement?

Kind regards

Tom
Customer: replied 3 years ago.
Hi - yes I do - although it was terminated early due to her lack of care of the house. It was supposed to run until 3rd February 2012, I served a Section 8 notice asking her to leave on 4th August 2011 and she then informed she would leave on 3rd July, which she did.
Expert:  Thomas replied 3 years ago.
Ok.

Do you have an address for her now?

Does she have any assets or income against which you could enforce judgement?

Kind regards

Tom
Customer: replied 3 years ago.

She has refused to supply a forwarding address but has a mail redirection in place at my property and has also said she can be contacted through the agent managing her new rental property. I wouldn't know about her assets but she is employed full time at DLR.

 

Julia

Expert:  Thomas replied 3 years ago.
Julia

Right.

Do you know where she works at the DLR?

Kind regards

Tom
Customer: replied 3 years ago.

She said she is based at Barking - she works as a conductor on the trains. Her employer is Serco according to the paperwork she showed me on moving in.

Expert:  Thomas replied 3 years ago.
Julia

Do you have photographic evidence of the disrepair?

Kind regards

Tom
Customer: replied 3 years ago.
I do indeed - which details the dirt and damage. One aspect of the damage though is the smell in a bedroom where animals have been allowed to urinate which has ruined the carpets and also the floorboards. Unfortunately photos can't record that!
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

OK. You should check the tenancy agreement, there will be a clause which requires the tenant to behave in a tenant like manor and keep the property in a clean/tidy condition. If she has not done that then this is a breach of contract, so you can sue her for it.

You will have to rely on the photographic evidence of the condition of the property and you can also provide a witness statement yourself as to the disrepair not evidenced by the photos. Any other person who also have knowledge of the disrepair can also submit statements. You should include the invoices to evidence the loss you have suffered.

You can choose to instruct a solicitor to litigate on your behalf or issue the claim yourself via www.moneyclaim.gov.uk. Many landlords choose to do this and provided you are prepared to shoulder the administrative burden it is relatively straightforward.

You should be okay to serve via redirected mail, but if she does not acknowledge the claim then you may have to personally trace via a search agent and ask that they serve the forms on her personally and then submit an affidavit confiriming service to the Court.

It is only worth suing someone if they have assets/income against which your judgement (if successful) can be enforce. If she does not have assets to pay the sums owed then you can go for an Attachment of Earnings order so that a fixed amount is deducted from her salary but if one can plead and convince the court of poverty then the sums involved can be frustratingly low for successful claimants unfortunately.

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I will answer your follow up questions you may have.

Kind regards,


Tom
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6445
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Property Law Specialists are ready to help you

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