- Original Poster
- #1
Need some advice please.
We rented our flat above our commercial premises to a couple, who were both named on the joint AST tenancy.
They paid rent for one year and then stopped paying.
They separated and moved out, whilst sub letting the flat to someone else.
We eventually obtained vacant possession, however, were left with 7k rent arrears & 3k of damages.
We have managed to trace one partner, who is working, and the other has moved abroad.
When we contacted her, she said it was nothing to do with her and that we would have to recover any monies from her ex.
We are thinking about issuing a claim in the small claims court and would be grateful if someone could kindly advise on the following:
1. Presumably, we can sue either party for our losses/breach of contract and would they be liable for the whole amount or just half?
2. We only have their work place address - can we issue a claim at the workplace and can we serve it in person or would we need to hire a tracing agent to find the residential address?
3. Would we have to give a notice before action letter and can this be served at the workplace?
4. I believe we have 6 years to issue a claim - does this start from the date of the tenancy or from the date of when they stopped paying rent?
Any advice would be appreciated.
Thank you!
We rented our flat above our commercial premises to a couple, who were both named on the joint AST tenancy.
They paid rent for one year and then stopped paying.
They separated and moved out, whilst sub letting the flat to someone else.
We eventually obtained vacant possession, however, were left with 7k rent arrears & 3k of damages.
We have managed to trace one partner, who is working, and the other has moved abroad.
When we contacted her, she said it was nothing to do with her and that we would have to recover any monies from her ex.
We are thinking about issuing a claim in the small claims court and would be grateful if someone could kindly advise on the following:
1. Presumably, we can sue either party for our losses/breach of contract and would they be liable for the whole amount or just half?
2. We only have their work place address - can we issue a claim at the workplace and can we serve it in person or would we need to hire a tracing agent to find the residential address?
3. Would we have to give a notice before action letter and can this be served at the workplace?
4. I believe we have 6 years to issue a claim - does this start from the date of the tenancy or from the date of when they stopped paying rent?
Any advice would be appreciated.
Thank you!
