Small Claims Court process and prospects

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    Small Claims Court process and prospects

    OK so in my naivety I signed up to a guaranteed rent scheme which is proving to be a mistake. Yes, I won't be doing that again and have beaten myself up and stressed about it enough.

    Anyway, tomorrow I have my court date for my possession order. I believe I have everything in line and as they are two months in arrears I hope that the court will grant me the order.

    Now this company has sublet the rooms in my flat to some guys who have a Licence to Occupy. These guys are paying their rent on time to the company but the company is not passing on the money to me. My question is, once I get the possession order what happens to these 'Licence to Occupy' agreements? Ideally, I'd hope they'd be dissolved along with my contract and the gents can have a direct agreement with me until the end of their tenancy which will cover some of my losses.

    To get the rest of my losses I assume I will have to go to the small claims court, is that correct? I hope my insurance policy can help with this.

    Any thoughts greatly appreciated.

    #2
    Good luck with the Section 8 possession hearing - I noted a regular on here this morning writing how useless this form of eviction is against Section 21 - let's hope there is no 'disrepair' at the property.

    The possession order should mean that you get possession and that means that the 'lodgers' have to go too - they have no right of tenure. If you want to keep them that is up to you.

    If you have rent guarantee insurance why did you not claim earlier?

    Take a look at www. MCOL (money claim online ) as a cheaper an maybe quicker way to recover your losses. When you make out the forms name the company and the hoods running it personally for best results.



    Freedom at the point of zero............

    Comment


      #3
      If welshboy166's tenant is a company, s.8, s.21 and the whole Housing Act do not apply at all. I'm surprised his claim has not already been thrown out.
      There might still be a chance if the tenancy has a forfeiture clause in relation to rent arrears (?).

      Comment


        #4
        Thanks for the information.

        jjlandlord,

        Yes I had heard that and also that I need not keep the deposit in the Deposit Protection Scheme. That said I have also read that it is still a a valid contract and thus I decided to go down the standard route. We will see. I am hoping the judge still has the power to quash the contract.

        If you are correct, do you know which legal avenue should I take? I'm sure the judge will tell me.

        Interlaken,

        As for the legal insurance, unfortunately my insurance broker did not add it to my policy when I asked back in September so it was only taken out AFTER I had served the Section 8. I therefore chose not to execute it as I expected them to refuse me help because the policy was taken out late.

        The 'disrepair' would be the installation of a stud wall converting the lounge into a bedroom. The company are clearing £2100 from the 'lodgers' and not passing the £1275 onto me. If I can get the £2100 straight to me then I can cover some of my losses. The lodgers can then try and get their deposit off the company - they haven't protected it so I don't think the 'lodgers' have a hope in hell.

        I served S21 too so will be looking further into the MCOL.

        It's all fun and games.

        Comment


          #5
          So jjlandlord was correct. I was in the court with this fuddy-duddy judge for a total of 2 minutes who then adjourned the case until I've served the correct notice - from reading I guess this is a Notice to Quit. Judge wouldn't even tell me if this was correct.

          At least now I feel I can execute my insurance policy and get the legal advice.

          Comment


            #6
            Notice to Quit pro-forma - Company Let

            Hi,

            Does anyone have a Notice to Quit template I can use for a Company Let?

            What should it contain?

            Thanks

            Comment


              #7
              Oh dear - sorry to hear about that. Well let's hope your insurers legal team are up to the job.



              Freedom at the point of zero............

              Comment


                #8
                Two related threads have been merged.
                I also post as Mars_Mug when not moderating

                Comment


                  #9
                  Mod, can I change the title of this thread so that it may get more replies on the Notice to Quit theme? Many thanks

                  Comment


                    #10
                    Next time,when you sign something, leave your naivety at home, it will help you avoid situations like this. If you are sure about something, say you will sign it next time, so you can have time to ask a friend or an expert what are the hidden parts of that paper
                    I signed trusting the bank officer and I regretted 12 months, as long as the credit agreement was active
                    I`m afraid you will have to become a constant customer of the court, to get back what belongs to you. Have strong nerves!

                    Comment


                      #11
                      I have found this: http://www.landlords.org.uk/sites/de...0to%20Quit.pdf

                      May be useful for others in the same situation

                      Comment


                        #12
                        Thanks! This is actually really helpful.

                        Comment


                          #13
                          Sorry to hear yet another example of the "guaranteed rent scam" going bad..

                          Evict YOUR tenant ...

                          I've a feeling the occupants (btw their licence is almost certainly a sham & they actually have ASTs, regardless of paperwork..) will then become YOUR tenants..

                          Cheers!
                          I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                          Comment


                            #14
                            Yes that is what I have said to them. They are withholding their payments to this company until everything is clarified. Also because they were left without hot water for a week as the contact numbers they have do not work. And also the deposit is unprotected and they paid an extortionate arrangement fee which not even Foxtons would charge.

                            Given, when I asked 'does this mean my agreement is null and void' , the judge said 'you could look at it that way' I'm inclined to go straight into this. The deposit I've protected can be moved into the tenants names and I can have them on an AST for a term which would cover all of my lost money (they're paying £2100 and I was only getting £1275). I can change the locks and start afresh with these three guys. I just want to get some legal advice to be sure. I'll then let the big utility companies to chase their money from these charlatans as I guarantee they've not been paid.

                            Cheers for all your advice everybody. I won't be falling for this again.

                            Comment


                              #15
                              Money Claim for unpaid rent etc

                              Hello fellow posters. You may remember me from other threads where I tell my tales of woe after renting to a company on a guaranteed rent scheme.

                              I have some questions for you. I have now served the Notice to Quit (see my other thread if you need a template for this) and so can I start a money claim immediately? Speaking to DPS I'll have to get a court order to release this companies deposit which is very annoying.

                              For the money claim I have the names of the company and the guarantor company as well as the names of some of the people working there. Do I need the personal addresses for these individuals? I want to put them on the claim so that these charlatans face the consequences.

                              The main company trades under various names so can I list them all on my claim?

                              I will apply for lost rent, damage, missing furniture but can I also claim for inconvenience and stress?

                              Just want to make sure all my facts are straight so I can nail these guys.

                              Thanks for your help. So happy I found this forum. It's kept me marginally sane.

                              Comment

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