Student goes AWOL with outstanding debt

macperc · 30th July 2008, 20:42

Hi guys,

Can anyone give me some advice?

My father owns a student house in Bath - 4 occupants each with an individual contract (not joint tenency?)

One of the students has gone AWOL following the end of the contract without paying 2 months rent, bills, damages.

What can my father do?

Thanks,

James

MrShed · 30th July 2008, 20:47

It is standard with students to take guarantor details - was this done? Does your father have the parents address?

macperc · 30th July 2008, 20:53

My father has the name and address of the students mother however she's not interested and doesn't know where the student now lives.

Unfortunately I don't believe he requested guarantors signatures from the students. I'm afraid he's new to this and too trusting.

Thanks,

MrShed · 30th July 2008, 21:02

Hmmm. Not a lot you can do in this situation I'm afraid. How much has he left owing?

You could try working on the assumption that the tenant has moved back in with his mother, which is almost certain to be honest IMO....

macperc · 30th July 2008, 21:30

Could a court summons be served to his mothers address on the assumption he lives there?

Cheers,

MrShed · 30th July 2008, 21:45

I personally dont think it unreasonable to assume he is living there(or at least is certainly not unreasonable to assume that a his last known PERMANENT address), and therefore IN MY OPINION you could.

Nightmare4banks · 1st August 2008, 22:05

Hi James,

I am very sorry to read about your father's problem.

If I was in your father's position,I would do the following:

1.Write a polite letter and send it recorded delivery to the student's Mother's address and give him say one week -10 days to reply.(No reference to possible legal action at this stage.)

2.If the guy/his mother agrees to pay that is the end of the matter.

3.Assuming that your father is not paid - he should send a letter before action - LBA again by recorded delivery post to the student and cross reference it with the first letter.Again your father should give the student no more than 10 working days to respond.

4.Again if the student/his mother start paying - end of the matter.Otherwise,see that your father issues the County Court Summons.

By the way,I have 2 questions for you:

Did this student give your father a deposit? If Yes.How much?

Let us know the progress that your father makes and if you/your father have any more questions,please feel free to ask.

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