Is it worth pursuing for rent arrears after tenant already evicted under section 21 ?

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    Is it worth pursuing for rent arrears after tenant already evicted under section 21 ?

    Hi guys, my lovely tenant (not !) left after some time under section 21, baliff eviction - left the property filthy/etc - trying to get her deposit back to cover this. There was a section 8 running as well which she disputed on disrepair (no surprise eh !) - she brought up every repair issue that ever occurred in the property and said I dealt with none of them and also accused me of being into her more than just tenant (if you get my drift) - but having two functioning eyes and me being a decent human would prevent me ever doing anything like that with her (both false claims). The rent arrears are approx £9K. The section 8 was indefinitely adjourned - pending either of us bring it up. Is it worth bringing up again ? Could it turn into a protracted legal drama costing me lots of money ? Am thinking of not involving a lawyer given that winning seems touch and go. She wasn't paying the rent as she said she was working part time at one point then went on about all the disrepair stuff.

    #2
    There are two elements to this:

    1) Actually getting the money back, which depends on whether the ex-tenant has the resources to pay it;

    2) A public duty to other landlords to get a CCJ on file.

    If you proceeded on either basis, it would be as a small claims (MCOL) action., not a landlord and tenant one.

    Comment


      #3
      Forget the s8.

      Absolutely go with Small Claim / MCOL.
      It won't cost much and a ccj seriously inconveniences the tenant

      Once you've used the process, it becomes a useful tool / threat for life.
      When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
      Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

      Comment


        #4
        Hi, thanks for the response.

        Would there not be a legal recourse she could take if she disputes the claims for rent arrears through the small claims court ? - I would be shocked if she doesn't complain about this

        I thought you couldn't do a small claims court case if there was a section 8 ?

        She has not given any forwarding address - does this have any effect ?

        Do have mobile and email though

        Comment


          #5
          She can dispute the rent arrears (including a claim for disrepair), but will have to give some evidence.
          And, being strict, the obligation to pay rent doesn't go away with disrepair, it's a defence to a repossession claim for a section 8 notice, not a good defence against paying rent at all.
          The tenant would have to show that they spent the rent putting right the issues or compensating for their effect.
          However, judges aren't known for their consistency.

          You wouldn't normally need a small claim in parallel with a section 8, because the hearing for the s8 does the same job.
          Now the section 8 isn't going to happen, use MCOL.

          Not having a new address means that you would probably win by default (use the property address) but the tenant won't even know they've got a ccj until they next have a credit check.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            Agree with the general theme here - you have a public duty to sue them

            Comment


              #7
              One point to consider. Not all the cost of the work needed to bring the property back into a lettable state is likely to be recoverable from the deposit. The maximum compensation for damage is normally the original cost of the damaged item, written off over its useful life. Many things only have a five year useful life.

              If you have to do a single party claim, it may be better to claim for the rent, as that is difficult to dispute.

              Comment


                #8
                I always chase debts via MCOL. Easy to do, well easyish. Keep a careful note of your Gateway number and if you already have one use that one ie don't get a new one.

                Comment


                  #9
                  Hi guys, i may have to go down the ccj route for unpaid rent, i ll prob use MCOL, however, the tennant is on benefits and not working but her husband who has always lived at the property is probably earning more than me. Can I issue a joint ccj on the both of them or does it have to be the name of the tennant?

                  Comment


                    #10
                    What claim do you think you have against the husband?
                    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                    Comment


                      #11
                      Well hes the earner. If i take a ccj against mrs x who is on benefits, im unlikely to get anything back, whereas if i claim agaisnt mr x who is working, i might get something back.
                      can a ccj be issued to mr and mrs x or is it just a case of mrs x who the tenancy is named to.
                      she basically didnt declare mr x living there due to the benefit fraud they are doing.

                      Comment


                        #12
                        The husband doesn't owe you anything, though.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          He has lived there all the time as well as his wife

                          Comment


                            #14
                            Originally posted by Thehitman2001uk View Post
                            He has lived there all the time as well as his wife
                            That's irrelevant. There is no contract with him and there is no duty of care owed by him to pay the rent.

                            Comment


                              #15
                              Ok thanks for clearing it up. I can only take a ccj out on mrs x who the tennency is with?
                              if she is on benefits then is it worth it or ahall i do it and see what i may get back?

                              Comment

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