Hello,
I evicted a tenant last October and there was damage to the property.
I wrote to him saying the cost is £1526.
He said he’s not paying it and to take him to court.
I wrote back saying I’ve leave it for 14 days before issuing proceedings.
I am now writing to him to say that the 14 days will be up tomorrow. If he decides to pay the money it needs to be cleared in my account then.
In the email to him now, I will say, if legal action is necessary I will also be claiming the court fee from him.
My question: Can I say ‘If a Bailiff is necessary then from what I can ascertain on-line, the cost will potentially be around £1285’.
I want him to know that the most economical route is to pay it now (he has the money). If he doesn’t realise the additional costs involved, it will end up costing him more.
I’m wary of seeming threatening. Not my intention.
Any advice would be very much appreciated. Thanks.
I would write a list of the costings & how you reached the figure, remembering you have to allow for the life of an item & cannot gain from the ‘repair’ eg a carpet that cost £500 that needs replacing & is 5 years old would be:
- Carpet - cost £500 age 6 years life expectancy 10 years. 4 years lost charge £500/10x4 = £200
Then as one of your items I would list the court fee.
I would even list things that you are not charging for, but conceivably could as that makes you look reasonable. Laying everything out in this way makes it much. harder to argue with than ‘Damages £1500’.
I’m not sure a Bailiff is appropriate here as I would be using Money Claim OnLine for that level of charges.
Good Luck 
Thanks Tricia.
Yes he’s had a full breakdown with evidence and receipts.
I appreciate the Bailiff charge isn’t relevant now but I was hoping to let him see the story in its potential entirety in case this affects his decision as to whether to pay now or not.
I’ll take your advice and remove mention of it though.
Thanks for your time!
Jessica
I assume you didnt take a deposit?
Hello David.
Yes I did take a deposit.
The deposit was used up in outstanding rent and other costs. The £1526 is what is outstanding after deducting the deposit.
I am sure you have a reason for doing so, but I would not use deposit money to cover unpaid rent or other costs during an active tenancy. There is a lesson there.
If the deposit didn’t cover all the costs then you shouldnt have used the deposit scheme at all. You should have used the small claims option in court and asked the judge to award you the deposit in part payment. You may now find that a court wont allow a further claim on what is essentially the same debt. You need to get some legal advice from a specialist solicitor on whether your new claim would be distinct enough from the original to be accepted.
I agree Nilesh, although this tenant was evicted last October so it was way after he’d gone.
That’s interesting David.
Contra to what I’ve been advised so I’ll have to keep everything crossed
It’s a bit of minefield isn’t it!