Pursuing Rent Arrears
Discussion
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?
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
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?
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?
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