UK Landlord Forum / Life

Have been looking through different situations listed here and think I have got more of a problem than I thought.
Tenants are in arrears but are vacating the property anyway hoping they can get away with out paying anything. So no need for section 8 or 21
They have only given 1 months notice not 2 as stated in contract and they are only 10 months into a 12 months shorthold tenancy................I am not bothered about that, I will be glad to be rid of them and I am glad they going of their own accord
I have to contact solicitor when they ignore my letter giving them 7 days to pay arrears or I will take legal action. (I know they will not respond, were supposed to be paying back 2 months owed on 24th jan but now trying to delay till end of Feb when they will be gone)
Therefore my position is that I am not seeking repossesion and arrears just money owed and this changes what I am asking solicitor to do.  My origonal quote of between £500 and £600 for section 8 & 21 court proceedings & bailiffs as a package will now not be valid and am not sure how much it will cost just trying to claim back money owed
So my question is how detailed does a claim through the small claims court have to be?
If I tried to do it this way without a solicitor how detailed does the claim have to be...........this situation is complicated am sure if I tried to explain everything it would be like 2000 word essay.
Or would it have more bearing and perhaps better laid out if I asked the solicitor to do this part for me.  By the time they leave there will be £1500 outstanding, I have £500 in a deposit scheme, have been told that there is some damage internaly, thought I may have claimed something for that but didnt take photos or explain in detail state of house before they moved in.  So it is not an enormous sum but it is more than I can afford to lose.  Any advice on best way for me to go would be appreceiated

My advice would be to write it off!! if you get solicitors involved it is a minumum of £500 plus court costs etc.
then you dont know where they are going so nowhere to serve papers.

take a deep breath,take the deposit and get it rented out asap. and thank your lucky stars they are going because your debt would have doubled if they didnt go.

doing a small claims claims is all very well but again you need somewhere to serve it to. if you serve it before they go they might very well dig their heels in and stay!! and in any case if you win they might get a fiver a week agreed as repayment.

only worry i can see is if they dont leave at the end of feb then you will then have to serve sec21 which effectively gives them another 8 weeks free accomodation if they dont pay. hey see my new post about ed millband talking about giving poor old tenants 16weeks notice.

Thanks for your reply, I am truly gutted that tenants can do that and get away with it.  If I just let them go and then found out their new address would it be easy enough to go through the small claims court at a later date, I gather there is an earnings attachment or something that you can do if they still dont pay.  I know where he works (he is a manager would you believe) I am just so angry with them and what they have done in the past few months.  I even let them off their first 2 weeks rent as they said they couldnt afford the whole deposit and months rent in advance.  Yes I was naive but I just didnt think they could do something like this

Yes you could do it later if you get their address but you have to have lots of proof. send them everything recorded delivery send them rent statements again all recorded advising that you are accruing interest and fees. is there a rent book.
i am a bit worried that you have not given them official notice but this will give them another eight weeks! BUT if they are not going to leave until end of feb anyway it may be worth the risk? you cant get a court order until they have had this notice.

listen there is no such thing as a reliable tenant. even the most perfect ones can transform into incredible liars and tell storys that hans christian anderson would be proud of!!
believe nothing and give 8 weeks notice the day they miss a payment. i tell new tenants that this is what i will do.