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Student tenancy has finished with one of the joint tenants still owing me rent. House left in a filthy condition (pile of condoms under bed was the worst). State of house photographed.

 

Lead tenant has rejected my claim but only because he does not agree that they should pay rent owing. Cleaning charges not disputed.

 

I have agreed arbitration, they have not.

 

Guarantor of defaulting tenant has ignored letter.

 

Confused as what to do next.

 

DPS say that we should force all the deposit to be in dispute and to fill out a Joint Deposit Repayment Form - this will lead to adjudication - but they have already said that adjudication can't be used & that I will have to apply to the County Court.

Help!

 

Also, I don't know how to start the County Court process.(Does this mean Small Claims Court?)

 

My Landlords Association said I should issue a Single Claim against the deposit - but this is only if Lead Tenant isn't contactable - which he is.

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Theres actually no such thing as 'small claims court'. When someone says small claims court, they mean county court with a claim assigned to the small claims track.

 

So, yes you will have to apply to county court. The fee for doing this is dependant on the amount of money you are claiming Court Fees

 

You will need to fill out an N1 county court claim form, and take it to the court in person or use Money Claim Online (MCOL) which will result in a cheaper court fee. All court fees are reclaimable if you win and should be included within the amount you are claiming.

 

If the tenants are joint and severally liable for rent arrears and you have a good check-in inventory for the damages, then you should have nothing to worry about. The fact that arbitration has been refused by the tenants should loom large in your particulars of claim.

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