Rent owed to us

[jackie0]

We rented out our property to a couple (they claimed they were married), who only paid the 1st month's rent with 3/4 of the rent deposit at the start of the agreement.  It was on an Assured Shorthold Tenancy for 6 months.They didn't pay any rent at all since then and moved out 5 months after with no notice.The lady has now claimed she has split up with her partner and that she is having financial difficulties, so she would like her own share of the amount owed; and taht she will let her credit agencies know - and she'll contact us about whatever she can afford every month whenever she hears from them!  We have a forwarding address for her (her work address), but none for the man. She said he has moved back outside London. Can we get our money back from him (he's unemployed)?, if so how? debt collection agencies etc? Can she really just say she'll try to pay her half only as she has said, when in effect, at the time we rented out to them, they told us her partner wasn't working, and it was on basis of her payslips etc that we rented the house out to them? The tenancy agreement was in both their names. We had to mortgage on the property regardless every month. It was a VERY difficult time for us, and my partner too was, and still is unemployed. It has left us with a lot of debt as we had to keep borrowing to pay the mortgage on the property. Pls help.

[willow74]

Did you not get them to sign a tenancy agreement?  If you didnt then you dont have a leg to stand on.  If they signed the tenancy you must know if they are married by their mutual surname.

I think your gonna have to put this one down to experience and learn to go through an agency next time.

[willow74]

http://www.landlordlaw.co.uk/

[Miss Zippy]

As the couple were joint tenants (i.e. both their names appeared on the tenancy agreement), they are both liable for payment of rent and any other liabilities incurred as a result of the tenancy (e.g damage to property).  However, you can choose to pursue either one or both for them for recovery of money. Other than trying to be as accommodating as possible and coming to some arrangement between yourselves, if this doesn�t work your only other option really is to commence proceedings in the Small Claims Court (assuming the sum owed is less than �5k, other wise need to pursue a claim in the County Court which is a longer process).  Small Claims Court proceedings are intended to be quick and cheap (an �80 filing fee is about all you will have to pay).  If you are successful in obtaining judgment against them and they still fail to pay, this is when you can consider your enforcement options (instructing bailiffs, getting an Attachment of Earnings order which allows a debt to be taken directly from the debtor�s salary).  The Citizens Advice Bureau will be able to help you through the Small Claims process if needed.

[jackie0]

Thanks all, will ring up CAB.Wilow-we did sign a tenancy agreement, as I explained in the original post.All the agencies we put the property to couldn't find us a tenant and we were paying mortgage for 2 months, so when we eventually found these ones ourselves - we were glad.

Bud,we did disturb them EVERYtime, phone,going to the property for our rent etc, but looks like they've been doing this sort of thing for some years.They just said each time,they couldn't afford it etc. What does one do?!?!!