Getting back rent arrears

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    Getting back rent arrears

    One of my tenants is 2 months in rent arrears, plus somemore and I'm about to issue a section 8 to claim possession. Is it possible to claim back the rent arrears? I know it is possible in theory but if he can't afford the rent in the first place then I'm guessing he's got no money anyway. Should I write it off as a bad debt or pursue it? How hard is it to claim back the money or is it more hassle than it's worth?

    Also, how much is it to issue proceedings under s.8? I've done the notice and that time is up so I can now issue if I like.

    Also, if I do issue proceedings and I am successful, do I get my court fee back?

    #2
    If you take the tenant to court following the expiry of the S8 notice, then the claim will incude unpaid rent to the date of the issue of the court summons and will be revised to the date of hearing and at a daily rate thereafter assuming it qualifies for a possession order (i.e. is 8 weeks/2 months unpaid both at time of serving S8 notice at at the court hearing)

    Use PCOL. https://www.possessionclaim.gov.uk/pcol/ fee is £100 as opposed to £150 for paper based

    The court will, if it gets to that and your tenant does not pay up beforehand or reduce it to below 8 weeks/2 months, award you cour court fee back.

    In my experience though, it becomes extremely difficult to get payment out of a tenant once they are evicted or leave of their own accord due to unpaid rent - not least because you usually dont know where they are subsequently living and then have to incur more cost to find them.

    Comment


      #3
      So the court will give me my court fee back if the tennant just decides to leave after being served the summons?

      Thanks for your help!

      Comment


        #4
        If the tenant leaves between the summons being served and the hearing, you will still need to attend the hearing if you want to be awarded a judgment against said tenant for unpaid rent and the court fee - its not automatic.

        If however, neither you or tenant appear, or just the tenant appears, the judge is likely to strike the claim out whereupon you will lose the court fee as well as being unable to obtain a judgment.

        If the tenant pays up before the hearing, then still appear, you wont get a judgment unless there is still something unpaid and you wont get a possession order on ground 8 (though you might on g 10 or 11 but very unlikely if tenant has paid up). Ask for the claim to be adjourned with liberty to restore - the court will usually do so for 12 months. If the tenant goes into arrears again, you can then restore the original court claim and amend the unpaid figures on the hearing date.

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          #5
          The tenant is actually about to leave, but I want to issue proceedings just in case he decides to stay. There's no chance of him paying the rent I arrears I do not think.

          Comment


            #6
            David, can you please offer any more advice on the difficulties of getting back unpaid rent arrears - Economically, is it worth pursuing? What with the cost of solicitors fees etc... I'm owed 1500, but the tenant is only offering £500.

            Kind regards

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              #7
              Is T a "can't pay" or a "won't pay"?
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

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                #8
                Originally posted by jeffrey View Post
                Is T a "can't pay" or a "won't pay"?
                I'd say a can't pay - he has £500 given to him by the council for his housing benefit. Obiouvsly, he's on benefits. Is the a case of not chasing a man of straw? What about bankruptcy proceedings after statutory demand? Is it going to be a waste of money for the sake of a grand?

                Comment


                  #9
                  Sue if the costs involved are more than covered by what you can recover. If he really has no money, why grind him into insolvency?
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment

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