Rent arrears

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    Rent arrears

    Hi, can anyone in the group please advise me on this?
    I have a shared house that I rent out in South West England and I am managing the property on my own. It is a 'HMO' and 4 tenants are staying in the house. All 4 are students and they all have guarantors in the UK. They have signed a joint tenancy for the fixed term 12 months (tenancy agreement is made by a licensed letting agent), which is going to expire in August this year. One tenant is not paying the rent for the last 3 months. I contacted the tenant and the tenant's guarantor about the rent arrears but all they are saying is that they are in a difficult situation (they are not saying either they will pay the rent or not). I talked with the remaining tenants in the house, they don't believe that the other tenant is in financial difficulty to pay the rent. So I want to make a claim in small claims court and can you please advise me on the following?
    - Since all 4 tenants signed a joint tenancy, they all 4 are responsible for paying the full rent. At the moment only 3 tenants are paying their rent contribution, so I am only receiving 75% of the total rent. Should I make a claim on all 4 tenants or only on the tenant who is not paying the rent?
    - If the claim is going to be only on one tenant who is not paying the rent, should I include both tenant and tenant's guarantor in the claim?
    - Before submitting N1 claim form, do I need to send any information or legal notices/letters to the tenant and tenant's guarantor?
    - Should I serve Section 8 notice before submitting N1 claim form? or are there any other notices that I need to submit?
    - Tenant has already vacated the house (only the remaining 3 tenants are staying in the house), do I still need to serve Section 21 notice?
    - As of today, the tenant has not paid 3 months rent and as per the contract he needs to pay another 3 months rent in the future (before August this year). If I am submitting a N1 claim form today, what is the claim amount that I should mention, is it 3 months rent or 6 months rent?
    Thank you.

    I would make the claim using the defaulting tenant and their guarantor.

    Yes, include the T and the G. You can have up to 2 people on the money claim.

    There are 2 different issues, 1) to evict and 2) to claim money.

    Serve a S21 and S8 (both 6 months notice at the moment) Serve to tenant only but copy to G.

    At the moment they only owe 3 months rent so that's all you can claim for. To start your claim you need to write to the T and G and include all the details of your claim. I'd include a rent statement and ask that the debt is cleared within 14 days. You need to include info from this scheme

    After the 14 days write another letter. This is called a Letter Before Action and you can google what you have to put in it. Then start your MCOL.

    The fee for the MCOL varies according to the amount you are claiming. If the debt is defended you will have to go to court and the court will be the one nearest to the defendant's home address. If it isn't defended you can request judgment and the T will get a ccj as will the G.

    When you to a Money Claim Online (MCOL) you will be given a Gateway number keep this very safe. If you already have a gateway number use that whenever one is needed or things will get complicated.


      There's only one tenant, all of them. Serve s8 today, to all occupants, copied guarantors.
      I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...


        Definitely get in touch with the guarantors could be one of them pays up to avoid the consequences. Are these G's all in the UK?

        Freedom at the point of zero............


          Hi All, Thanks for your reply.

          Hi '
          Berlingogirl' & all, In my case tenant eviction is not a problem. The tenant who is not paying the rent has already vacated the house. The remaining 3 tenants are happy to vacate the house when the fixed term contract expires (in middle of August).
          In this case should I still need to serve Section 8 and Section 21 notices?
          Or shall I start with writing to the T and G about the claim (including rent statement) giving 14 days time; if not not received any response send 'Letter Before Action' and MCOL?

          Hi 'Interlaken', all the 4 tenants and their guarantor's are all in UK.

          Thank you


            Yes, LBA and Mcol


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