Notice for repossession and outstanding rent

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  • Notice for repossession and outstanding rent

    I have a flat managed by an agent, and because the tenant is 2 months behind in rent are serving a Notice for repossession for the property. They have asked if i would like to use their debt collection service at a cost of £36 for the trace and £200 for the service.

    Now my question is this, can i pursue the outstanding rent seperately, the reason i ask is that i have landlords insurance which covers the cost of chasing unpaid rent, I'm struggling for capital at the moment due to some repairs on the flat and the mortgage not being covered so cant really afford the £236.

    So is it possible to get repossession, then start a claim agains them later using my insurance?

    EDIT: Just called my insurance who confirmed that i should use agent to remove tenant and then use the insurance's solicitors to chase the rent owed.

    Also noticed in my letter that the agent quote " Any further legal action must be pursued through your solicitor', so does that mean that after they serve teh notice for repossession i have to then sort the baliffs etc out myself???

  • #2
    Originally posted by Trigger View Post
    I have a flat managed by an agent, and because the tenant is 2 months behind in rent are serving a Notice for repossession for the property. They have asked if i would like to use their debt collection service at a cost of £36 for the trace and £200 for the service.

    Now my question is this, can i pursue the outstanding rent seperately, the reason i ask is that i have landlords insurance which covers the cost of chasing unpaid rent, I'm struggling for capital at the moment due to some repairs on the flat and the mortgage not being covered so cant really afford the £236.

    So is it possible to get repossession, then start a claim agains them later using my insurance?

    EDIT: Just called my insurance who confirmed that i should use agent to remove tenant and then use the insurance's solicitors to chase the rent owed.

    Also noticed in my letter that the agent quote " Any further legal action must be pursued through your solicitor', so does that mean that after they serve teh notice for repossession i have to then sort the baliffs etc out myself???
    If you are using S8 grounds 8,10,11, then you should be able to get an order for the money as well as the PO. So you will have your ccj there and then.

    Your agent can issue the notices but he cannot appear for you in court, it is your case and you respond as the principal.
    I offer no guarantee that anything I say is correct. wysiwyg

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    • #3
      Just spoke to agents legal team, a s.8 and a s.21 are being served. So i understand if they dont pay up within 14 days i'm able to go to court to get possession and an order then.

      If they do pay up, the s.21 gives them 2 months to vacate. Is this correct?

      Thanks

      Comment


      • #4
        No it's not. The S21 just gives you the right to apply for a court order after it expires. It is not a notice to quit.
        I offer no guarantee that anything I say is correct. wysiwyg

        Comment


        • #5
          Originally posted by jta View Post
          No it's not. The S21 just gives you the right to apply for a court order after it expires. It is not a notice to quit.
          Thanks jta, so just to get this right:

          If the tenant hasnt paid the rent after 14 days after the s.8 has been issued, i can apply for a hearing at a County Court where the judge will award a repossession order for the tenants to vacate the property if they are still 2 months behind in the rent arrears at that time, if they dont vacate by the date issued on the repossesion order then i need to go back to the courts to apply for a baliff to remove the tenants?

          If the tenants do bring the arrears up to date, after the s.21 noticed expires (2 month) i can apply to the county court for a repossession order, again if they havent vacated by the time specified on the order, i get the baliffs involved?

          When do i apply to the courts for the rent arrears? At the time of the hearing at the couty court for the possession order?

          Comment


          • #6
            If you are relying on S8 then ask for the order at the hearing.

            If you are using the S21, then I think you can apply for the money but it involves more time, (can someone explain that please because I don't have it straight yet) it might be best to just go for the PO and then make a separate claim for the money owed after you have the order.
            I offer no guarantee that anything I say is correct. wysiwyg

            Comment


            • #7
              Originally posted by jta View Post
              If you are relying on S8 then ask for the order at the hearing.

              If you are using the S21, then I think you can apply for the money but it involves more time, (can someone explain that please because I don't have it straight yet) it might be best to just go for the PO and then make a separate claim for the money owed after you have the order.
              Thanks for you help so far, one last question:

              If the worst comes to the worst and i need to get a Possession Order, and finally a Bailiff, do i have to pick up this cost, and then can i charge the tenant for these charges when i claim again rent arrears?

              Comment


              • #8
                Originally posted by Trigger View Post

                If the worst comes to the worst and i need to get a Possession Order, and finally a Bailiff, do i have to pick up this cost, and then can i charge the tenant for these charges when i claim again rent arrears?
                I'm not sure, there may be a way but it's out of my area of knowledge. Sorry.
                I offer no guarantee that anything I say is correct. wysiwyg

                Comment


                • #9
                  Surely bailiffs/fees and eviction costs should fall on T.
                  But, if the letting ends then, what does "claim again rent arrears?" mean?
                  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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                  • #10
                    Originally posted by jeffrey View Post
                    Surely bailiffs/fees and eviction costs should fall on T.
                    But, if the letting ends then, what does "claim again rent arrears?" mean?
                    I would like to hope that the bailiffs/fees and eviction costs fall onto the Tenants lap, the signed agreement states under the tenants terms "To pay, or be liable to pay, all reasonable net costs and expenses incurred by the Landlord, his Agent or professional advisres in successfully enforcing or remedying a notable breach of, or significant failure to coomply with the obligations of the Tenant under this agreement", so to me it sounds as if i am covered.

                    So are you saying that once the letting ends i cant claim for rent owed from the agreement??? You last sentence has confused me????

                    Comment


                    • #11
                      Originally posted by Trigger View Post
                      can i charge the tenant for these charges when i claim for rent arrears?
                      You used the wrong word.
                      I offer no guarantee that anything I say is correct. wysiwyg

                      Comment


                      • #12
                        Originally posted by jta View Post
                        You used the wrong word.
                        Cheers jta, confusion now cleared up!

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