Money Claim Telephone Hearing

[rapid111111]

S21 was issued, tenants left, has 9 months rent arrears amounting to over 10k+. The hearing review (which I wasn't called for or required to attend) progressed onto a money claim telephone hearing which is coming up as there was no longer a need for a possession claim. So I guess that means everything is on track in my favour?

Trying to do this money claim myself, it's likely the tenant won't turn up as they haven't turned up or replied to anything else before. No known address.
What should I expect or prepare for with the money claim telephone hearing? Is this where I can ask for a CCJ to be registered? Can I claim expenses too?
I've sent a review bundle with all the paperwork and evidence for the hearing review, do I need to resend that again for this?

[jpkeates]

If you were using the s21 accelerated process, the money claim is a completely separate claim, so anything you sent for the possession hearing won't be known to the court for the money claim.

I'm slightly concerned about the notion that the possession claim has "progressed" to a money claim.

[rapid111111]

Thanks for the reply, I didn't make the money claim hearing. The Judge ordered it themselves. Still considered separate and send the review bundle?

This was what was given in the Judgement Order
IT IS ORDERED THAT
1. No order on the claim for possession as possession has been surrendered.
2. List Money Claim first open day after 7 days, time estimate 15 minutes. Suitable for telephone hearing.

[jpkeates]

OK, that's a new one on me.
I don't know how to help, and would love to know how you managed that - did you use the non-accelerated s21 route?

[rapid111111]

Yeah, non-accelerated.

[jpkeates]

Yeah, non-accelerated.

Well done, most people don't make that choice.
Nice to see how it works in practice.

[OS7]

i tried this route - section 21 non accelerated with a money claim. The judge refused the money claim but the gave the possession order. I had to register a money claim (MCOL) separately. However i have heard via this route, people have been successful in gaining a possession order as well as a money order.

On hindsight it was good for me that the possession order was given without the money order as down the road my tenants applied for breathing space. if the possession order was in any way linked to a money order, i couldn't have evicted the tenants during breathing space period!! Anyway they were evicted, however they did try to pull the breathing space card to suspend eviction. The judge was powerless to do anything as the possession order was not linked to money order

[rapid111111]

Any points on what I should have ready and prepare for during the money claim telephone hearing?
They already have the review bundle, should i resend that? Add to it?

[OS7]

You have already sent your evidence - like rental statements, tenancy contracts and emails...you don't have to worry too much. Just ensure you have the dates of missed payments at hand and yes, you can claim expenses and interest. the judge will ask if you tried mediating or talking to your ex tenants. Just be honest and cite the evidence if you have any. The judge may order court mediation or ask if you would take installments. Most usually they will order the judgment in your favour with a installment order or pay by date as long as all evidence are correct and there is no arguable defence. If the judge orders a court mediation, perhaps try this and if the ex- tenants break the agreement or refuses to mediate, you can ask for judgement without hearing at a later stage. there is always a possibility that the ex- tenants will try to set aside the judgement at any point - so there may be more hearings after judgement is given. good luck....

[DPT57]

Does the tenant have any money? If not, then at best you are likely to get an order for £10 a month or something equally nominal that will never be paid. You should ask the judge about registering the CCJ, but you normally have to enforce it before this happens. Unfortunately, if you don't have the tenants new address, they may be able to get the judgement set aside.

[Claymore]

Well done, most people don't make that choice.
Nice to see how it works in practice.

I didn't even know there was a choice!

[rapid111111]

Does the tenant have any money? If not, then at best you are likely to get an order for £10 a month or something equally nominal that will never be paid. You should ask the judge about registering the CCJ, but you normally have to enforce it before this happens. Unfortunately, if you don't have the tenants new address, they may be able to get the judgement set aside.

Yeah that's the problem. Believe they do have money but no known address.
Does it make any difference if they're not likely to attend this hearing or never have attended or responded to anything previously sent from the courts?

[doobrey]

Have you tried a tracing agent?

[DPT57]

Does it make any difference if they're not likely to attend this hearing or never have attended or responded to anything previously sent from the courts?

Yes, I going it makes it easier for them to claim they never received any notification because you are using an address that you know they're not living in.

[rapid111111]

Yes, I going it makes it easier for them to claim they never received any notification because you are using an address that you know they're not living in.

Strange, was told the opposite. Have given their contact telephone, emails (where documents were sent as well) and last known address which was the property they were living in. Was informed it's their responsibility to check they're receiving mail and make sure documents are being received from the courts.

Just to clarify, they left the property after the section 21 was issued and it looks like the money claim is bundled together with this. If the money claim was separate, then perhaps that's what would make it more difficult without an address