In Scotland and my tenant left yesterday and when I’ve gone to the flat to collect the keys the place is a bit of a mess. Nothing extreme, rubbish left, damage to floor, mud from dog, left a couch. The garden has been damaged by the dog which I knew about.
He hadn’t paid rent for December or the 17 days in Jan during his notice for eviction period.
My question is what is the best process for reclaiming the rent. There is a guarantor via his ex partners parents. They split up but agreed to stay on the tenancy as they have a child. It turns out they are no longer in contact at all.
The deposit will cover the damages and repairs but I’d be keen to get the rent back from him.
Sue the guarantor, in person, in your jurisdiction, provided the guarantors own property, or means are in that jurisdiction. It might cost you more money in train fares, court, bailiff, service and legal fees, coming down to English Courts, if the property is in England. Maybe you can do Money Claim online, via the HMCTS or .Gov website, if you have a current address for service.
Brilliant. I’m not au fait with the Scottish legal system but I dare say it would be as touchy feely as the English and Welsh legal system, for the litigant in person. Maybe you wouldn’t have to wait as long for an in person hearing. Also, maybe Paul Shamplina, or the TV show Can’t pay, won’t pay, would be in the know and could provide a “free” service, in return for publicity and|or a free holiday destination!
I would send a polite letter to the guarantors detailing your claim, this would take little to draft and if they are sensible people they would pay as to not do so would incur extra costs which you may point out to them. Otherwise whats the point of having guarantors
I am an accredited, registered landlord in Scotland. My advice: forget it. It sounds a lot better than I recently had to put up with. (12! trips to the council dump woth tenants stuff left behind! ) Perhaps contact the guarantor for the rent, otherwise, clean up and move on.
Mike, leslie and christine give great advice, have a punt at the guarantor otherwise move on its a black hole for time and grief,…… but maybe you need to have the experience for yourself as a rite of passage. I am being serious here there islearning first hand and second hand.
We have all been there, there is no justice for us LLs thats the trurh