Arrears and who to chase.

  • Filter
  • Time
  • Show
Clear All
new posts

    Arrears and who to chase.

    Foolishly I allowed a tenant to get in arrears, we got on well and his excuses were very plausable.
    When he finally left he failed to return his front door key so the door had to be removed, replaced and new locks fitted.
    The flat was left in a poor state, photos to proove and I lost 2 months rent during a complete decorate and replacement of carpets.
    Initially he had agreed to pay me £50 per week until rental arrears cleared.
    Since then he has got married and stopped paying.
    Got in touch and his wife, who owns her own home close by, agreed to pay £20 which I agreed to accept, as it seemed best for all concerned.
    Now her payments have stopped. I have been in touch and asked for a get together and so far nothing.
    So far actual amount owed has not been discussed, ie rent, damage, loss of rent, interest (4% above base as stated in ast – thanks landlordzone).

    So who do I persue throught the courts?
    Wife as home owner who did step in, or ex tenant who has threatened to go for a voluntary bankrupcy. I believe that he has other debts too.

    How much is tenant liable for and how do I advise and what notice do I have to give in order to keep small claims court happy.

    Hope it doesn’t sound as though I want to profiteer, but my good nature has been abused and at present this is more than just a moral lesson.
    I do hope that a snotty letter will shock them into accepting their responsibilities, but maybe that is a little optimistic.

    You would seem to have no claim against wife.

    Write a letter before action to the tenant advising him what you want, and why. Then tell him that he has 14 days to comply or you will take legal action.

    After 14 days, commence a country court claim. If the total is less than £5k it will be allocated to the small claims track (there is no such thing as 'small claims court').

    From what you say of the tenant, you should consider if you will be able to get any cash out of them, even with a court order. If not, is the cost and hassle of court worthwhile? Morally - obviously - financially - ????


      Thank you so far Snorkerz,
      Ok, no claim on wife.
      I will write a letter, a polite letter, as I do wish to take this to court if I am the only party with morales.
      Total is less than 5k so any idea of costs?
      Most of tenants goods were returned, by me to his door although a few items of little value do remain and had not been requested for quite some time. What is my responsibility or liability?
      What powers do the courts have to enforce payment?
      Tenant, sorry ex-tenant and wife do work together and earn a reasonable living, also living in their own (possibly in her name) home.

      What really does annoy me is the thought that he could just make himself bankrupt, or whatever the term is, and snub me.

      Quite a lesson and I’m learning – slowly you might say.

      Thanks again


        Sorry to be a pain but this thread has gone quiet and I can’t find something similar that gives appropriate advice.
        Ok so no claim against wife but what about communal home?
        And responsibility towards goods – main concern is that he will use this as an excuse for withholding payment.
        If he does go bankrupt – what is my best course for recourse?
        County court by post or on line etc....
        Fingers crossed that I attract the attention of one of the wise ones that use this site.
        Does make for interesting reading although could quite easily put you off from being a landlord.
        Thanks in anticipation


          Just use the small claims court online and it will tell you how much the court costs will be, as it calculates it automatically. Please try and help yourself a little bit!
          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.


            Thank you paul and also thanks for the telling off - this is new ground for me, and a lot of other viewers.
            i will go down the on line route but before i do i just wanted some input into the ease with which my errant tenant can go bankrupt, and hence am i throwing good money after bad.
            Bearing in mind his 'now married to a property owner status' do i have any better recourse.
            Common sense tells me that i do but that is not always the case.
            Thanks again and hope you dont mind me pushing for more information.


              The costs for a claim are in leaflet ex50 - they vary depending on the size of the claim but for less than £5k will be in 3 parts:

              Claim fee
              Allocation fee (only if over £1500)
              Hearing Fee

              The court will simply confirm what the tenant owes and make an order to that effect. If the tenant doesn't pay, you have to take separate enforcement action. The options are detailed in this article, but will cost £100 each.

              You will only be able to enforce against 'his' assets - so for example you can freeze 'his' bank acount, but you can't freeze a 'joint' bank account. Likewise, if he were to own a property development company himself, you could sieze 'his' assets, but not the assets of a Limited Company.

              Forgive Paul_f, he forgets that there was a time when he had never dealt with a court claim.


              Latest Activity


              • Section 8 on tenants without deposit
                by dereham
                Hello all

                Is it difficult to evict a tenant (section 8 rent arrears) if they didn't pay a deposit when they moved in?
                It might be a silly question - I know it's a massive issue not to have protected a deposit when it comes to eviction but I can't find any info about cases where there...
                02-12-2021, 11:30 AM
              • Reply to End of tenancy questions
                by leasee123
                So is it best to serve section 21 together with a section 13? As that is the only way to ensure I can get the rent increase?...
                02-12-2021, 09:56 AM
              • End of tenancy questions
                by leasee123

                I am a landlord and the current tenancy is coming close to the end of the AST fixed period. I am unsure what the process is when it comes to things like increasing rent and section 21 etc. I am using an agent for tenant find and they do the negotiating with the tenants (and of course...
                01-12-2021, 21:08 PM
              • Reply to Alternative ways to enforce a Peaceable Eviction
                by bob369
                I wish to gain a court order for eviction, can that be sought in advance of the approaching Notices end date, or does he need to become a 'hold over' tresspasser before I can apply.
                Apologies that is a typo, if it wasn't for the infernal 'Moderator Approval' system being so pedantic I would have...
                02-12-2021, 09:54 AM
              • Alternative ways to enforce a Peaceable Eviction
                by bob369

                A Lodger (Excluded Occupier) needs to be excluded as his Notice Period has expired (one calendar month), and he refuses to leave

                I understand Police will not get involved to remove him, even though he is tresspassing, understand they view this as Civil not criminal....
                24-11-2021, 23:16 PM
              • Reply to End of tenancy questions
                by jpkeates
                You can charge them any rent that they agree to pay, otherwise, your only option to unilaterally increase the rent is a s13 notice.

                The s13 notice includes an appeals process, so you can't simply "evict" someone by charging a ludicrous rent....
                02-12-2021, 09:50 AM
              • Reply to Granting a very long AST (to a family member)
                by Section20z
                The flat's lease will likely prohibit lettings of more than a year (or class it as an assignment)
                02-12-2021, 09:44 AM
              • Granting a very long AST (to a family member)
                by meehr
                For a variety of reasons a family member is considering renting out their leasehold flat to a cousin for a long period of time - to provide security they want to grant a very long AST, like 8 years (till kids have left home basically). They both want to do this for security and avoidance of argument...
                01-12-2021, 23:27 PM
              • Reply to End of tenancy questions
                by leasee123
                But what happens if tenants don't leave (when it was originally agreed they would), can I charge them the higher rent? Because a section 13 would not have been served (given it was agreed they would leave at the end of the fixed term) would I still be allowed to charge them a higher rent?
                02-12-2021, 09:43 AM
              • Reply to who's repsponsibility
                by jpucng62
                Tenants often don't have the tools to manage large foliage or dispose of it. If I could do it without too much effort I probably would or offer to arrange for it to be done & pass on the cost. It is definitely their responsibility.
                02-12-2021, 09:20 AM