Damaged Property and rent in arreas
I am having trouble with a tenant.
The tenant defaulted on the Oct.2006 rent, and I sent them a warning letter. They promised to pay by Dec.2006, but the rent was not paid. The 6 months tenancy was due to end on 4 Feb.2007. I sent them a letter (not section 21) giving them a month's notice to terminate thetenancy. They went to the council, and were told that the letter I sent was not acceptable because I had to give them 2 months notice. The Council notified the letting agency. and the letting agency notified me in turn, but there was nothing in writting. They asked me to file a section 21. By this time the tenant defaulted on the Jan 2007 rent. I issued a section 8 to the tenant. The tenant decided to vacate the property on 5 Feb.2007. When the letting agent went to checkout the tenanct they foud that the property was damaged to a great extent. the property requires new carpets in the bedrooms, new flooring in the kitchen, and redecorating. There is also some plumbing work required.
There is a deposit available, but it will not be enough to cover the rent and the damage.
The deposit is £1300
Outstanding rent is £2000
Property damage is around £5000
1. I have issued a section 8 to the tenant for 2 months rent, since the tenant vacated the property on Feb 5 2007 without giving month's notice in writting can I claim for Feb 2007 rent? if yes, do I need to issue an additional section 8 for Feb 2007's rent in arreas?
2. The deposit is not enough to cover all the costs. How can I apportion the deposit to the rent outstanding and the damage costs? Can I apportion all the deposit towards covering the cost of damages, and claim for the rent through court?
3. Do I need to collect all the costs, that is outstanding rent and damages together and claim for it in court? This will mean that the total amount will be more than £5000. Can I make 2 separate claims, one for the rent and 1 for the damages through small claims?
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