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Jo C.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 67196
Experience:  Over 5 years in practice.
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Hi can anyone help with tenant rent money? Tenant was from

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Hi can anyone help with tenant rent money? Tenant was from 19/03/2012 to 18/03/2013 but tenant refused to leave on the 18/03/2013 and left before the bailiffs which was on the 15/06/2013. This is the rent breakdown.

19/03/12 £1000.00, 19/04/2012 £1000.00, 21/05/12 £1000.00 19/03/12 £1000.00 19/07/12 £1000.00 20/08/12 £1000.00 19/08/2012 £1000.00 19/09/2012 £1000.00 19/10/2012 £1000.00 19/11/2012 £1000.00 20/12/2012 £1000.00 22/01/2013 £1000.00 19/02/2013 £1000.00 19/03/2013 £1000.00 This is monthly rent and then tenant paid weekly 19/04/2013 £250.00 26/04/2013 £250.00 03/05/13 £250.00 10/05/2013 £250.00 17/05/2013 £250.00 28/05/2013 £250.00 03/06/2013 £250.00 10/06/2013. Tenant left my property on the 15/06/2013, has she paid all her rent? or does she own me any rent money? I think this is correct but want to make sure.
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.

I presume that there are some misprints in the monthly rent sums above?

If so, as long as the weekly payments are payments in a advance as would be normal she has paid up to date. Some weeks were slightly late but they do catch up with themselves.

Can I help further? Don't panic if I don't respond immediately. I'm up early so off to bed now. I will pick up in the morning if thats ok?

Jo
Customer: replied 2 years ago.

hello you are right I have made some mistake on monthly rent. I check and sent it to you tomorrow but it look like as you said she has paid her weekly rent late. But It look correct. speak to you tomorrow.

Expert:  Jo C. replied 2 years ago.
Ok

No problem.
Customer: replied 2 years ago.

Hello again, please see below tenant rent money.


 


Tenant was from 19/03/2012 to 18/03/2013 but tenant refused to leave on the 18/03/2013 and left before the bailiffs which was on the 15/06/2013. This is the rent breakdown.


 


19/03/12 £1000.00, 19/04/2012 £1000.00, 21/05/12 £1000.00 19/06/12 £1000.00 19/07/12 £1000.00 20/08/12 £1000.00 19/09/2012 £1000.00 19/10/2012 £1000.00 19/11/2012 £1000.00 19/12/2012 £1000.00 23/01/2013 £1000.00 19/02/2013 £1000.00 19/03/2013 £1000.00 This is monthly rent and then tenant paid weekly 19/04/2013 £250.00 26/04/2013 £250.00 03/05/13 £250.00 10/05/2013 £250.00 17/05/2013 £250.00 28/05/2013 £250.00 03/06/2013 £250.00 10/06/2013. Tenant left my property on the 15/06/2013, has she paid all her rent? or does she own me any rent money? I think this is correct but want to make sure.

Expert:  Jo C. replied 2 years ago.
As I said above, if she is paying in advance then she has paid as the payment on the 10 th would cover until the 15 th.
Customer: replied 2 years ago.

Tenant has paid in advance, so the whole of the rent money is update correct? sorry I am very fussy

Expert:  Jo C. replied 2 years ago.
On those dates it would seem to be
Customer: replied 2 years ago.

shame she did not keep the property in good condition, other I would have kept her.


 


On the tenancy agreement it say that the guarantors are liable if the tenant does not pay her rent. I am not sure if it cover for damaged.


 


When the tenant agreement says, All losses damages expenses and costs which you may be entitled to recover by reason of such default. My/our liability under this clause is unlimited. Dose this mean also for damaged to the property?

Expert:  Jo C. replied 2 years ago.
Yes, you can recover from a guarantor if you tenant causes damage as I have said.
Customer: replied 2 years ago.

Tenant paid all her rent, but cause a lot damaged to my property. Tenant partner cause the damaged the neighbours saw her partner at 3am in morning knocking my front garden walls down.


 


I have sent a breakdown within 10 days and I have sent two email to tenant and cc her guarantors, but no respond. Next step would you say I should find out where the tenant new address and send her and her guarantors to pay the damaged within 14 day or I will start the court proceedings?

Expert:  Jo C. replied 2 years ago.
I would suggest writing to them first giving them 14 days to pay and then sue.
Customer: replied 2 years ago.

Thank you. I will start to find out where tenant new address is and then take all three of them to court if they refuse to pay, let the Judge hear all three of them.


 


On the claim form, do I after write all the damaged I am claiming for? Such as, walls, £600 bedroom door, £156 window £90 window creck pane £50 Court fee £175 Bailiffs fee £110 Cleaning £170 Mould cleaning £360?


 


The front door is coming out of her deposit money.

Expert:  Jo C. replied 2 years ago.
Yes, you need t itemise the damage and then prove that it was caused by her.
Customer: replied 2 years ago.

I also need a witness at court from a neighbour for the front garden wall cause by her partner? Statement is not accept at the court hearing?


 


I saw her partner in my property, but will the judge believe me?


 


Tenant report the damaged to window to the Police and said it was her partner and the Police has arrested him. I have got a ref: number I can show that to the Judge? But has not report the walls to the Police or me.

Expert:  Jo C. replied 2 years ago.
You will need to show evidence it was him

If you have the CRIS report from the police which records her allegation than that will probably be enough to get him to believe it
Customer: replied 2 years ago.

Will the Police give me the CRIS report. The Police sent me a email to sent the receipt to the Police on how much I have spent on the windows and crack pane. Do you think that is good evidence?

Expert:  Jo C. replied 2 years ago.
No, you will need more than that. That doesn't prove her partner caused the damage.
Customer: replied 2 years ago.

Not the case Number?

Expert:  Jo C. replied 2 years ago.
No, that doesn't prove her partner caused the damage.
Customer: replied 2 years ago.

Is it ok if I sent the Police email and ask for CRIS report or is it best to phone?

Expert:  Jo C. replied 2 years ago.
They are not going to disclose a CRIS report relating to another person to you I'm afraid unless you get a court order of disclosure.
Customer: replied 2 years ago.

The Police said to me that they will take him to court. They got about six page of report and this is to do with my ex tenant and her partner and they will phone me. But they never phoned me to tell me what had happened. It my property they cause the damaged, it always me that I have to phone them. Shouldn't the Police phoned me the day when the window of my property was smashed? Tenant has reported it to the police and gave my information to the Police.

Expert:  Jo C. replied 2 years ago.
They will give you a certain amount of information as the victim but they are not going to give you access to the CRIS.

If you are giving evidence in his trial or have made a statement then you can give evidence of that to the court.
Customer: replied 2 years ago.

How do I give evidence to his trial, If the Police don't tell me nothing?

Expert:  Jo C. replied 2 years ago.
Like I said, you will need to get an order of disclosure from the county court or give evidence yourself about it
Customer: replied 2 years ago.

Can I take her partner to court as well? All four of them. I know his name and surname and his address tenant told me.

Expert:  Jo C. replied 2 years ago.
I suppose you could but there's no point really. You don't have a contract with him and so it would be harder to prove against him
Customer: replied 2 years ago.

I through so.


 


What about this email what tenant send to me when she left before the bailiffs.


 


I moved out officially today 16th june 2013 I moved all the furniture out yesterday, and went back today to get last few bags and tidy up. There has been a break in through the back bedroom window, the police have been round and taken finger prints and other evidence over the last 4 hours the crime reference number is(NNN) NNN-NNNN they said to forward on to you, and I have also given them your details. I cleaned up the glass and have taped cardboard boxes on the inside and outside of window. I have also left the door key in an envelope after locking the door and pushing back through the letter box. The police will be in touch with you.


 


Do you think this is some kind of evidence I could show to the Judge?

Expert:  Jo C. replied 2 years ago.
No, it makes no difference at all.

Customer: replied 2 years ago.

the Police told me take them to curt now don't wait for us just show the judge ref number that would prove that he has cause the damage. Is this correct?

Expert:  Jo C. replied 2 years ago.
As I've said above, no a reference number alone does not prove he cashed the damage
Customer: replied 2 years ago.

The deposit money is 1050 pound I will take the window smash and crack pane out of her deposit money it should be enough for the front door and window.tenat is not complain about me taking all of her deposit money. and all the other fee I will take her to court.

Expert:  Jo C. replied 2 years ago.
Yes, thats what I would suggest
Customer: replied 2 years ago.

Understand I have face six court hearing . I could write a nice letter to my next door neighbour to be my witness at the court hearing about the walls.without witness can not win about the front garden walls.

Expert:  Jo C. replied 2 years ago.
A witness would be helpful certainly.
Customer: replied 2 years ago.

so all monthly and weekly rent money is all up to date?

Expert:  Jo C. replied 2 years ago.
As I have said, it would seem to be
Customer: replied 2 years ago.

I phone the police today and they said the some think you said that they will not give me the report. But they will give it to my solicitors if it goes to small claim court the judge will look at the report. is this correct?

Expert:  Jo C. replied 2 years ago.
Yes, as I said.

You will need a court order as mentioned above
Customer: replied 2 years ago.

do need a solicitors? if not do i need to put all the info that tenant partner damaged my property in the claim form?

Expert:  Jo C. replied 2 years ago.
1. No you can self represent. Its a small claim sum.

2. Yes, as I have said.
Customer: replied 2 years ago.

if get tenant to tell me that her partner has caused all the damaged in writing then there no need for me to have witness?

Expert:  Jo C. replied 2 years ago.
No, you have to prove it to the court.

If you can get her to confirm it in court then that would be sound.
Jo C., Barrister
Category: UK Property Law
Satisfied Customers: 67196
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.

ok a letter is not enogh. if she confirm it in court who will after to pay for all the damaged?

Expert:  Jo C. replied 2 years ago.
I will refer this onto another expert to see if they can add more as I've really given you my view of this on other posts.

I'll see if anybody else can offer more for you.
Customer: replied 2 years ago.

Thank you for your help.

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