Small Claims Court rent arrears

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  • Small Claims Court rent arrears

    Hi,

    apologies if this seems like a blond question...

    Our tenant is in arrears (nothing new I guess) we section 8'd him and he brought it down to under 2 months and the section 21 has just expired so we are hopefully going to court on that soon.

    My question is we want to pursue him through the small claims court for the rent arrears BUT when can we serve it?

    His rent normally is due on the 15th of the month so he is now 2 months in arrears again but by the time we get to court it will be at least 3 months in arrears (I am not holding my breath that he will pay!) So do I wait until the 15th and issue a claim for 3 months or just keep issuing monthly claims from now on until we get him out?

    Thanks,

    Sophie

  • #2
    It's up to you. I've just served a MCOL on my tenant and his guarantor as he owes one months rent due on 1st October. He's paid the rent for November and December but that one month is still outstanding.

    What I did was give him 7 days in which to send me a written proposal as to how he was going to clear the arrears. No letter was forthcoming after 14 days so I issued a claim.
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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    • #3
      Originally posted by Paul_f View Post
      It's up to you. I've just served a MCOL on my tenant and his guarantor as he owes one months rent due on 1st October. He's paid the rent for November and December but that one month is still outstanding.

      What I did was give him 7 days in which to send me a written proposal as to how he was going to clear the arrears. No letter was forthcoming after 14 days so I issued a claim.
      I don't understand that Paul. Surely anything that is paid should be applied to the oldest debt first, or is it different for rent?
      I offer no guarantee that anything I say is correct. wysiwyg

      Comment


      • #4
        I'll see how/if he defends it first then decide accordingly. He still owes a months rent whatever!
        The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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