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Jo C.
Jo C., Barrister
Category: UK Property Law
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Experience:  Over 5 years in practice.
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If I going to take the tenant to court for rent arrears, could

Resolved Question:

If I going to take the tenant to court for rent arrears, could tenant raise issues, on the defence form that I withheld the deposit money? Or the Judge is only going to be interest in the rent arrears money?
Submitted: 2 years ago.
Category: UK Property Law
Expert:  Jo C. replied 2 years ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.
Hello, I thank you gave me answer before on this subject. Other question, when the tenant moved in my property we both had a check in inventory by estate agent. When my tenant left my property she had a check out inventory with the some estate agent. I had a different check out inventory has I ending the contract with the estate agent. The inventory clerk worked from the estate agent inventory, all the information the estate agent done. Does it matter if it a different inventory?
Expert:  Jo C. replied 2 years ago.
Why were there two check outs please?
Customer: replied 2 years ago.
Because the tenant was evicted out of my property and she called the estate agent. Tenant did not left me her forward address I did not got on with the estate agent and I got my own inventory.
Expert:  Jo C. replied 2 years ago.
Thanks.

Is there a substantial difference between the two inventories?
Customer: replied 2 years ago.
No I would say it the some.
Expert:  Jo C. replied 2 years ago.
Thanks for the information.

Obviously your inventory is still a piece of evidence that can be relied upon. The question is what weight does it carry.

If it was done shortly after the tenant vacated then it will be useful evidence.

No inventory is incontrovertible. It just gives rise to an inference that the property was in that condition on X date. If that is shortly after the tenant has left then that gives rise to the inference that the tenant is responsible for its condition.

If there are inconsistencies between your report and that of the landlord though then that would be a problem potentially but only to the extent that the Court could disregard that particular point.

Hope this helps. Please let me know if you need more information.
Customer: replied 2 years ago.
Hi,The inventory was done the day when the bailiffs hand over my property. The inventory clerk work all the information which was on the check in inventory.

other question, I am waiting for the bailiffs appointment, what happen if my tenant left my property next week, do I have to wait for the bailiffs to hand me over my property?
Expert:  Jo C. replied 2 years ago.
If you have good grounds to believe the tenant has left then there's no need to wait for the bailiffs.
Customer: replied 2 years ago.
If the hand my property keys, then I don't after wait for the bailiffs, but should I let the bailiffs know?
Expert:  Jo C. replied 2 years ago.
Yes, you should tell the bailiffs.

Also though, you need to do more than just get the keys back. Go and check whether there is any sign of the tenant at the property and then you should be protected.
Customer: replied 2 years ago.
I never knew that, I thought landlord after wait for the bailiffs ever if the tenant leave before the bailiffs. So soon I get the keys from the tenant and make sure the tenant is go, then I can entry in my property?
Expert:  Jo C. replied 2 years ago.
No. As I've said, you need to check for other signs of abandonment.

If a property has been abandoned you don't need court orders or bailiffs to regain possession but you do need more than just the keys being handed back.
Customer: replied 2 years ago.
I have got the court order on the 03/05/2013 but the tenant refused to leave, so I have requested for the bailiffs and I am waiting for the bailiffs appointment. I know my tenant is still in my property because she is paying her rent weekly.I think I should write her a letter to conform me the day when she leave my property and hand me the keys is the day when she stop paying the rent. I am right then?
Expert:  Jo C. replied 2 years ago.
No. As I've said, you need to check for other signs of abandonment.
Customer: replied 2 years ago.
I understand what you mean, I think I wait for the bailiffs appointment and then hand the property over to me.
Expert:  Jo C. replied 2 years ago.
It is safer to do that.

Acting upon abandonment is always a risk.

If its only going to safe you a week then its not worth it.
Customer: replied 2 years ago.
I have done that last time, I waiting for the bailiffs and the tenant left two days before the bailiffs. That is the way to do it, the bailiffs open the door and check the property and then I sign the paper to say the property is hand over to me and change the lock. The day when the tenant hand the property key is that day the tenant stop paying the rent or the day the appointment with the bailiffs. I remember last time the tenant left before the bailiffs on the 05/12/11 and the council paid me until the 07/12/11 the bailiffs appointment.
Expert:  Jo C. replied 2 years ago.
Yes, I do see that risk.

Overall, its safer to wait for the bailiffs.
Customer: replied 2 years ago.
I agree. Does the tenant stop paying the rent the day when the tenant hand the property key is that day the tenant stop paying the rent? or the day the appointment with the bailiffs? I remember last time the tenant left before the bailiffs on the 05/12/11 and the council paid me until the 07/12/11 the bailiffs appointment.
Expert:  Jo C. replied 2 years ago.
You should be paid up until the date of vacation whichever is the sooner.
Customer: replied 2 years ago.
The date when the bailiffs appointment? or the day when tenant leave? The tenant could tell lies.
Expert:  Jo C. replied 2 years ago.
The date when they leave.
Customer: replied 2 years ago.
What happen if the tenant stay up unit the bailiffs knock on the door and she got one year old son, can the bailiffs still can entry and till the tenant to go?
Expert:  Jo C. replied 2 years ago.
Yes, the bailiffs can still evict her.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 67243
Experience: Over 5 years in practice.
Jo C. and 2 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
That good. Thank you for your help
Expert:  Jo C. replied 2 years ago.
No problem.

All the best.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JOMO1972’
Customer: replied 2 years ago.
Your welcome. Hello, Rent Arrears My tenant AST was from 19/03/2012 to 18/03/2013. The tenant paid months rent in £1000.00 on the day moved in on the 19/03/2012. Tenant refused to leave my property on the 18/03/2013 and now I am waiting for the bailiffs. Tenant did not paid the march rent, she paid start paying weekly on the 19/04/2013 and the 26/04/2013 and then 03/05/2013 and 10/05/2013 and 17/05/2013. She send me email saying,

My rent is paid in advance and not in arrears. I originally received a request to move out of the property on 26th april. Hence why i only paid you the sum of £250.00, which would make the rent paid up in full till that date. On the 24th April, at the court the judge allowed another week, before any eviction papers could be served, which would in theory i would only be in the property until the 5th of may. Hence why today 26th of April you receieved a further £250.00. If i paid the full amount of rent of £1000 on the 19th april, id be paying up till 19th of may. You want me out of the property now. I will be only paying the rent for the duration that i live in the house. As it stands i dont owe you any money as i'm paid up in full til the 5th of may, the date in which it has been extended to via the county court. Is this correct?

Expert:  Jo C. replied 2 years ago.
No, she is liable until the date she vacates the property as she will well know.
Customer: replied 2 years ago.
So she is wrong? She own me £1000.00 March rent money? also shouldn't she pay monthly not weekly as her tenancy contract is monthly rent money?
Expert:  Jo C. replied 2 years ago.
She is liable up until the dates she leaves not the date you give notice.
Customer: replied 2 years ago.
I don't understand what you mean. So she does not own me £1000.00 March rent money is that correct? What she has done is correct?
Expert:  Jo C. replied 2 years ago.
Yes, if she pays up until the date that she leaves not the date you give notice.
Customer: replied 2 years ago.
So she is not in rent arrears?
Expert:  Jo C. replied 2 years ago.
Not on the face of it.
Customer: replied 2 years ago.
What she has done correct?
Expert:  Jo C. replied 2 years ago.
Yes, if she pays up until the date that she leaves not the date you give notice.

If there are arrears she owes for that sum but that doesn't seem to be what you are saying.
Customer: replied 2 years ago.
But she has not paid March rent.
Expert:  Jo C. replied 2 years ago.
She doesn't to comment upon that in the email.

She is certainly right for April and May.

If there are arrears in March then you do have a claim for that sum.
Customer: replied 2 years ago.
ok, for what I am saying is that she has not Paid from 20/03/2013 to 19/04/2013. She only paid week rent on the 19/04/2013 and on 26/04/2013 and she is paying weekly I am correct here that she is in arrears?
Expert:  Jo C. replied 2 years ago.
Yes, she does owe for the period between March and April
Customer: replied 2 years ago.
I wrote a letter to her guarantor, they have not responded to me.
Expert:  Jo C. replied 2 years ago.
I'm not sure what you wanted to know about that?
Customer: replied 2 years ago.
This is the letter I wrote to her guarantor

RE: OVERDUE RENT £1000.00 MONEY

I am sorry to note that I have not received payment of £1000 rent money from the tenant which was due on19/04/2013. You as guarantor of tenant to pay me the amounts of £1000.00 by cheque at above address.

No respond to the guarantor, should they pay, if the tenant refused?
Expert:  Jo C. replied 2 years ago.
You could seek judgment against the guarantor if the tenant doesn't pay.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 67243
Experience: Over 5 years in practice.
Jo C. and 2 other UK Property Law Specialists are ready to help you
Customer: replied 2 years ago.
I am sending then a second for them to pay within 7 days or I will start a court proceedings.
Customer: replied 2 years ago.
Thank you for your help.

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