Money Claim Online

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    Money Claim Online

    We will be making a claim from an ex T for rent arrears online some time this week. We are not experienced LL's and have no idea no experience using Money Claim Online, we would appreciate some help from other LL's who have used this service, the deposit is protected and all other legal aspects of the tenancy agreement have been met. A few questions we have are

    1. Exactly how much will it cost to make the claim if the ex tenant disputes our claim (we are expecting her to dispute our claim.)

    2. Can we attend a court hearing without using a solicitor.

    3. If ex tenant resigns from her job would she quailify for legal aid.

    Thanks

    Mr/MrsLandlord

    #2
    Originally posted by Mr/MrsLandlord View Post
    We will be making a claim from an ex T for rent arrears online some time this week. We are not experienced LL's and have no idea no experience using Money Claim Online, we would appreciate some help from other LL's who have used this service, the deposit is protected and all other legal aspects of the tenancy agreement have been met. A few questions we have are

    1. Exactly how much will it cost to make the claim if the ex tenant disputes our claim (we are expecting her to dispute our claim.)
    fees are here: http://hmctsformfinder.justice.gov.u...rms/ex50_e.pdf
    They vary depending on the size of the claim, but to start the claim you will have to pay a filing fee. If the T defends the claim then you (may) have to pay an allocation fee and if it does go to court, a hearing fee.

    2. Can we attend a court hearing without using a solicitor.
    Yes, so long as the claim is less than £5k it will be held in the small claims track which is very DIY-able. So much so, that if you decide to use a solicitor you would almost certainly NOT be able to recover those costs, even if you won. Your local library (or Amazon) will have books on the 'small claims process'.

    3. If ex tenant resigns from her job would she quailify for legal aid.
    I don't know, but almost certainly not as legal representation is not required and (if she won) the state would not be able to get it's money back off you.

    Comment


      #3
      Money Claim Online is the online version of starting a county court claim for 'straightforward' money claims. The county court has three tracks, to which claims are allocated depending on the value and type of the claim. If the value of your claim is £5,000 or less, and is just a dispute over damage and/or unpaid rent, it will be allocated to the small claims track.

      The small claims track is designed for use by litigants-in-person (i.e. people representing themselves without a solicitor). The court fees are much lower than in the other tracks. The T would not get legal aid for a small claims track case.

      Good idea to buy/borrow a book on the small claims procedure, as Snorkerz suggests, but it's not actually that difficult - it just seems a bit daunting when you do it for the first time.

      Comment

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