About to begin court proceedings - any help/suggestions gratefully received!

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    About to begin court proceedings - any help/suggestions gratefully received!

    Hi.

    My T has repeatedly paid late and is now 2 months in arrears, not returning phone calls/letters anymore.
    I’ve served Section 8 and Section 21 notices 2 weeks ago, and due to begin court proceedings tomorrow.

    Couple of questions:
    1. Aside from the initial £100 online application fee, does anyone have a rough idea how much it might cost me to pursue this in court? Presumably, if the T contests the claim, and tries to defer the hearing date, will I incur additional court costs? If the tenant either ignores the court summons, or turns up and the judge rules in my favour, am I still obliged to pay all court fees, or can this be claimed back from the T?
    2. Does anyone have a rough timescale for the various steps of the process, ie when does the T receive a court summons, how far in advance is the court hearing usually?
    3. If the T leaves the property without paying the final 2 months rent, I will presumably require a tracing agent to recover the rental arrears etc. Can anyone suggest a good agent to use, and what kind of details should i try to acquire from the T to ensure he is traceable.

    Personally, I’d like to pursue the court route to recover £1800 in unpaid rent, (and also to ensure the tenant at least recevies a CCJ to prevent him screwing over the next unfortunate LL) but I’m just wondering how effective the court process is in recovering rental arrears, and if this is just going to be a no-win scenario where the T will ultimately evade paying up.

    I’d be really grateful to hear back from anyone else who has just gone down the court route, and pick up any suggestions from you.

    Thanks, and good luck to anyone else unlucky enough to be in the same boat!

    #2
    Originally posted by electroniclogin View Post
    Hi.

    My T has repeatedly paid late and is now 2 months in arrears, not returning phone calls/letters anymore.
    I’ve served Section 8 and Section 21 notices 2 weeks ago, and due to begin court proceedings tomorrow.

    Couple of questions:
    1. Aside from the initial £100 online application fee, does anyone have a rough idea how much it might cost me to pursue this in court? Presumably, if the T contests the claim, and tries to defer the hearing date, will I incur additional court costs? If the tenant either ignores the court summons, or turns up and the judge rules in my favour, am I still obliged to pay all court fees, or can this be claimed back from the T? You have to pay the fee, however if your claim is successful then the court will order that T pays that cost.
    2. Does anyone have a rough timescale for the various steps of the process, ie when does the T receive a court summons, how far in advance is the court hearing usually? http://www.landlordzone.co.uk/forums/showthread.php?t=19395&highlight=accelerated - see post #6.
    3. If the T leaves the property without paying the final 2 months rent, I will presumably require a tracing agent to recover the rental arrears etc. Can anyone suggest a good agent to use, and what kind of details should i try to acquire from the T to ensure he is traceable. take a photocopy of any cheques he pays rent with - that could enable you to freeze his account.

    Personally, I’d like to pursue the court route to recover £1800 in unpaid rent, (and also to ensure the tenant at least recevies a CCJ to prevent him screwing over the next unfortunate LL) but I’m just wondering how effective the court process is in recovering rental arrears, and if this is just going to be a no-win scenario where the T will ultimately evade paying up. If you have a claim then you will get judgment at court. The court does not get the money out of T - that is for you to do. You have enforcement options, however you need to decide whether any of these would result in payment. Each enforcement step includes court fees, so you need to ensure it is not a case of throwing good money after bad. Your credit checks at the start would help in forming a view - is there a guarantor?
    I’d be really grateful to hear back from anyone else who has just gone down the court route, and pick up any suggestions from you.

    Thanks, and good luck to anyone else unlucky enough to be in the same boat!

    see above in red
    PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

    Comment


      #3
      Paul,
      Thanks for your reply/suggestions, much appreciated.

      Comment

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