waiting for bailiffs - time to start small claims?

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    waiting for bailiffs - time to start small claims?

    Hi,

    I'm now waiting for an eviction date from the county court bailiffs to regain possession of one of my properties.

    The tenant owes 3 months rent (the 'accelerated' hearing took 3 months, in which time no rent was paid. I used s21 route thinking this would be quickest and there were no arrears at the time.)

    Do I wait until T is evicted to start the small claims just to be sure T is out of the property 1st? In terms of eviction, I believe this is the safest route in case T appeals the possession order (which T said he was going to but hasn't, time limit has passed but the court says it can still be done and it will be up to the judge to decide.)

    If by some disaster this happened and T won, by starting the moneyclaim I might close of my ability to start again with s8 (as the arrears would be subject to another claim already?.) However, if I do get T successfully evicted now, I probably won't know where T goes next and will have to use a trace service to start the moneyclaim after he is out.

    Deposit of 6 weeks is held with a DPS so if I start a claim for the arrears now, will the scheme return the full deposit to T? (Or will I get that deposit and then tell the court to reduce the amount of my claim afterwards?)

    Thanks for your help.
    Jason

    #2
    Originally posted by jjrideon View Post
    Do I wait until T is evicted to start the small claims just to be sure T is out of the property 1st? In terms of eviction, I believe this is the safest route in case T appeals the possession order (which T said he was going to but hasn't, time limit has passed but the court says it can still be done and it will be up to the judge to decide.)

    If by some disaster this happened and T won, by starting the moneyclaim I might close of my ability to start again with s8 (as the arrears would be subject to another claim already?.)
    What basis do you think there might be some basis for appeal, though? As far as I know it's very usual; provided you've done everything correctly. (And if there was some reason for the tenant being able to appeal successfully, wouldn't that apply to s8 proceedings too?)

    Deposit of 6 weeks is held with a DPS so if I start a claim for the arrears now, will the scheme return the full deposit to T? (Or will I get that deposit and then tell the court to reduce the amount of my claim afterwards?)
    Proving the terms and conditions of your deposit allow for it to be used against unpaid rent arrears, you can tell the scheme and they won't refund it to T. If I were you I would start a small claim (having sent T a Letter Before Action of course) for the arrears now, without even mentioning the deposit. The claim will be open-ended, for the current amount of arrears, plus X amount/month until T vacates. When he does vacate, you can calculate the final amount due, from which you will have deducted the deposit.

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      #3
      Thanks for your reply Eric.

      I don't believe the T has any grounds for appeal - but that doesn't mean he won't try to attempt to drag this out for as long as possible.

      Is a LBA strictly necessary? I know it would be the safest thing to do but this guy is extremely manipulative of the system and fore warning him may make him disappear quicker and claim he never received the court papers (I appreciate the irony of wanting him to leave, but not until I can start further proceedings against him!!)

      There have been several emails back and forth between us about the arrears already. The tenant started to claim disrepairs when he stopped paying the rent (that he had never brought up before so I'm more than confident that I can prove they aren't true when there is a hearing.) Are these enough to show the matter is already in dispute and start the moneyclaim?

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