7 months in arrears

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    7 months in arrears

    Hi there,

    I am an unexperienced (read stupid) landlord...

    I have allowed my tenant to go more than 7 months worth in arrears. She now owes me in excess of 5,000 pounds. She has been paying but only about 200 pounds a month. The monthly rent is 875.

    It is not looking good. She is jobless and does not have money to pay.

    I know I can serve her a notice under section 8, however, how do I recover the money (more than 5000 pounds)

    Shall I claim under a small claims court? If yes, is it better if I do it now or after I serve her the notice under section 8?

    Can I claim to recover the money through a small claims court and also serve her notice under section 8 simultaneously? Or is there a problem with that?

    I am so scared that she can just disappear and I will not be able to find her anywhere to recover the money.

    I would appreciate any tips. I am quite desperate.

    I have been a real fool.

    Thanks for your help.

    #2
    Additional data

    I know you probably going to ask so here is some additional data:

    Property let in England
    Periodic monthly tenancy.
    Rent paid monthly - £875 a month
    Arrears: in excess of 5,000 pounds but she is paying about 200 pounds a month.

    Comment


      #3
      Originally posted by paulocd View Post
      Can I claim to recover the money through a small claims court and also serve her notice under section 8 simultaneously? Or is there a problem with that?
      If you use section 8 (as opposed to 21), you can include the rent arrears on that - there's no need to start a separate claim for that. You will end up with a court judgement saying (in addition to the repossession bit) something along the lines that your tenant will need to pay you £X, plus £Y per day until she vacates.

      I wouldn't be overoptimistic about seeing your money though: it's one thing to get a judgement, something else entirely to enforce payment. If your debtor is jobless, then unless she has some substantial assets worth seizing the best you might achieve (after a lot more aggravation and cost) is an order to pay you a few (and I mean a few) quid a month.

      Comment


        #4
        Bear in mind the S8/S21 process will take something like 3 months to run its course (my court only responds to emails etc after 10 days so the time just flies by) so the arrears will be 10 months by then, so dont hang about.

        Trevor.

        Comment


          #5
          Originally posted by paulocd View Post
          It is not looking good. She is jobless and does not have money to pay.
          Once you have obtained the CCJ you have up to six years in which to enforce it. It's possible she'll find work during that time, then you can apply for an attachment of earnings (money deducted from wage).

          I am so scared that she can just disappear and I will not be able to find her anywhere to recover the money.
          You can use a tracing agent; they usually charge a fixed fee and can find people very quickly.

          Meanwhile, gather whatever details you can, such as car reg, NI number, bank account details, address of relatives, etc etc. which would help with tracing her if it comes to that, and concentrate on getting the tenant out.

          Comment

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