Damaged Property and rent in arreas

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M
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Dear Sir

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

Questions:
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?

Thank you

Tolga Falahat

This member has been thanked by 1 member for this post.
07/02/2007 00:00

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