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Landlord and Tenant
Disputes: |
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The
relationship between Landlords and tenants often result
in problems from time to time. These are usually disagreements
about rent, delapidations or the return of deposits.
Common factors being:
The inventory and condition checks - both in and out.
The contract itself.
The rent book or proof of rental payments.
The inventory/condition check is only legally binding
if it is signed by both the landlord and the tenant
on the day of the check. However, if one or the other
party has failed to attend at the appointed time of
the check the attending party has the advantage by
default. It is very important to obtain from the landlord,
or the landlord from the tenant lists and statements
of condition in writing and signed including relevant
dates on which the check in or out takes place.
Rent should be recorded in a rent book even if paid
by direct debit as is the case usually these days.
Any claim resulting from a dispute from either side
is more likely to succeed if the judge can see written
evidence of what has been agreed between the two parties.
This page is divided in to two main areas:
Tenant problems. Landlord
problems.
Please click on to the appropriate
category. |
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COMMON PROBLEM AREAS FOR TENANTS: |
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For
tenants the two main problem areas which can be rectified
using the Small Claims Court Process are:
The refund of the rental deposit.
Unpaid shared rental from a joint tenant.
Rental deposits can only be withheld by landlords
if there are shortfalls on the inventory, delapidations/damage
or rent arrears depending on the existing signed rental
contract. However, it is not uncommon for landlords
to refuse any request for the deposit to be refunded
in anticipation that the tenant will eventually go
away and forget about it.
Unfounded claims for damages to property or furnishings
are also common with extortionate bills for repaired/replaced
property and charges for re-decoration being produced.Wear
on the carpet, etc.
Shared accomodation can be particularly frustrating
when one of the tenants will not pay his/her share
of the rent - or just vacates the property leaving
their share to be paid by others. |
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The Tenancy inventory
and condition checks - both in and out |
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In
an ideal situation the inventory and condition checks
are carried out in the presence of the tenant by an
independant inventory clerk or witness. However, in
many cases there is no check or it is carried out
after the tenant has moved out.
An inventory that is not signed by the tenant does
not carry much validity in court. Provided that adequate
notice of vacating has been given the landlord has
little or no excuse for not ensuring the inventory
check took place prior to the tenant vacating, and
in thier presence.
The tenant should always be provided with a copy of
the inventory to sign with any shortages or delapidations
noted. |
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Information we
need you to supply: |
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The name, address and post code of
the property.
The name, address and post code of the landlord
The name, address and post code of the letting agent
(if applicable).
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Your costs: |
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We
do not hide our fees with promises of being awarded
the entire amount. We charge a commision of 12% minus
our administration charge on the recovered debt. See
our costs example for a typical case. The court fees
that are returned to you . usually awarded by the
district judge or magistrate are unaffected.
Please do not forget that when proceedings are issued
the relevant Court fees must be paid in advance plus
a small fee to small-claims-debt (UK) Ltd for the
filing of the documents at the Court - Upon a successful
conclusion these are always awarded as an additional
sum charged to the defendant. Please see Court
Fees & Costs for the scale of fees.
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PROBLEM
AREAS FOR LANDLORDS: |
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Landlords
have four main problem areas which can be rectified
using the Small Claims Track:
Rental arrears.
Delapidations,damages and inventory shortfalls.
Clearance of rubbish/debris.
Failure of letting agents in terms of their contact.
When the rental deposit does not cover the cost of
putting damages right it is necessary for a landlord
to ask the tenant for the shortfall in writing from
the tenant.
Tenants often leave without notice leaving the landlord
to clear up the property, make good the damage and
suffer the loss of rental income.
In some cases the letting agents do not adequately
manage the property as per their contract. Inventory
checks are late, inaccurate or non-existant and rent
arrears are allowed to accumulate. |
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What we need |
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The name, address and post code of the
property
The name, current address and post code of the tenant.
The name, address and post code of the letting agent
(if applicable).
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What it will cost
you |
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We
do not hide our fees with promises of being awarded
the entire amount. We charge a commision of 12% minus
our administration charge on the recovered debt. See
our costs example for a typical case. The court fees
that are returned to you . usually awarded by the
district judge or magistrate are unaffected.
Please do not forget that when proceedings are issued
the relevant Court fees must be paid in advance plus
a small fee to small-claims-debt (UK) Ltd for the
filing of the documents at the Court - Upon a successful
conclusion these are always awarded as an additional
sum charged to the defendant. Please see Court
Fees & Costs for the scale of fees.
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Debt Recovery |
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To
instruct us to commence recovery procedures simply
click on to the submit button here: |
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