General Overview:
Tenants have recovery problems from time to time. These are usually disagreements about the return of deposits. Other areas are rent overpayments and delapidations. Significant factors are:

The inventory and condition checks - both in and out.

The contract.

The rent book or proof of rental payments.

For the inventory/condition check to be completely legally binding it must be 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. The importance of notifying exit dates & times, inventory dates and times in writing cannot be over-emphasised.

Rent is best regulated with a rent book. In a practical world Direct Debit ensures prompt payment - but both sides should ensure that verifiable records are available for scrutiny.

Any claim from either side must be supported by adequate documentation. Protracted and expensive disputes generally result from poor documentation and lack of attention to detail
.
PROBLEM AREAS FOR TENANTS:

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.
Information we need from you:
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).
What it will cost you

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.
Debt Recovery 
To instruct us to commence recovery procedures click on to the submit button here: Go to submit form

 

Space








Home Page About Us FAQ's Contact Page Small Claims Court Documentation
Evidence Fees & Costs Enforcement Time Scales Definitions Site Index
Submit A Claim Unpaid Invoices Private Loans Rent Arrears Rental Deposits Un-paid wages
Refunds Bounced Chqs Unspecified Debt Insolvency Advice



Space