Pursuing Rent Arrears

[sun.and.rain]

For the past 12 years I have been renting out a flat to the same tenants, a couple who got married around 7 or 8 years ago.
The original lease is in the husband's name ONLY, as is all subsequent correspondence.

Over the years some rent arrears have built up but I was willing to accept delayed payment as the tenants are decent people and take good care of the property.

An agreement was set up some time ago, again in the husband's name only, to contribute a small monthly payment towards arrears, an agreement which has unfortunately been breached several times.
Unfortunately, the husband's business went effectively (but not legally) bankrupt a year ago and rent payments have been erratic to say the least.


The couple have given notice that they are leaving. The husband is currently unemployed but is "looking for suitable work". I get the feeling that they just want to walk away from the debt.

The wife is in steady work. For the past couple of years any rent payments have been paid via the wife's personal bank account due to difficulties with the husband's bank releasing funds.

The rent arrears are around £4k and the property is in Scotland. Do I have any claim over the wife's income?

Can any Pistonheads advise please?

Edited by sun.and.rain on Thursday 20th October 13:40

[Rangeroverover]

I don't fancy your chances, if they have been good tenants for 12 years write it off. Go through the motions of a setting up a payment plan but Unlikely to get much. How much deposit is there?

[Simpo Two]

Rangeroverover said:

I don't fancy your chances, if they have been good tenants for 12 years write it off. Go through the motions of a setting up a payment plan but Unlikely to get much. How much deposit is there?

A debt is a debt regardless of how long they've been tenants. Does your mortgage lender say 'Well you've been a good customer for 12 years, take a few months off on us'? Nope.

More relevant is whether you can sue and win. There's no point suing if the defendant has no money - THAT is your decision IMHO.

[Chrisgr31]

You could chase the whole debt, but my inclination would be to start down that route but then offer to accept 50% of it. they might be prepared to accept that without too much hassle, and it could be easier and better result for you.

[sun.and.rain]

Thanks for replies.

Are they jointly liable for the debt despite all paperwork being dealt with in the husband's name only?

It would appear that the husband is unlikely to earn income in the near future due to a health problem. I have been advised to take the debtor to a small claims court but am reluctant to do this, particularly as the guy has no assets and I may have to pay the costs myself.

I expect I will write off the debt and not worry too much about it but I was just interested in my rights. I mean, what if the debt had been for £40k and not £4k?

[tight fart]

I wouldn't throw good money after bad, has there been any capital appreciation in the 12 years that will help you sleep at night? After all you're only about £30 a month down.
Now if the debt was £40k I'd say you should have acted sooner.

[Simpo Two]

sun.and.rain said:

I was just interested in my rights. I mean, what if the debt had been for £40k and not £4k?

The would be exactly the same; you'd just have to use a different court.

The key issue IMHO is whether the wife is liable for the husband's debts. I suspect not. The paperwork should have been amended when they married. Next time use joint names!