MCOL pitfalls and advice

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    #16
    If they already owe more than 2 months rent I would personally issue a section 8 instead.

    That way you can give 2 weeks notice which will be quicker and you don't need to wait for the tenancy to expire (assuming it hasn't) and assuming you have an AST that allows this action.

    If they'v done it before, they are unlikely to reduce the arrears to below 2 months and if all else fails you should be given a suspended order at the very least.

    No doubt they will attempt to claim a penalty now they are aware deposit rules weren't followed.

    Your rent arrears and court costs will hopefully offset anything they attempt to claim.

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      #17
      Originally posted by MayallRoad View Post
      My tenant has been in arrears of £2,500 - £4,000 for much of his tenancy
      Does he currently owe arrears?

      I'm sure there was a previous post somewhere that suggested that if a tenant was already in arrears by more than the deposit you could effectively 'give' him the deposit back and then use it to clear some of the arrears. Or maybe that was wishful thinking on my part

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        #18
        You can do that if the tenant agrees.

        But not if they don't agree.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #19
          The way I've put it to him is that I'm returning the deposit. If he then wishes to use that money to pay me to settle arrears he can.
          But I think he's just going to do NOTHING in the knowledge that I'm manoeuvring to serve s21. I am going to reserve How to Rent, EPC, gas cert and get him to sign a document acknowledging receipt. The same document will say that he confirms he's had notification from the DPS that he can reclaim his full deposit at any time. He's staying 1.5 months in arrears most of the time. I'll deal with getting the money back afterwards, or write it off.

          Any thoughts on chasing arrears with MCOL? Maybe that's for another thread.

          thank so much for all your replies - really helpful!

          Comment


            #20
            Isn't there an easier way than a section 21?

            Can't you get him out for being in 'substantial arrears' and 'persistently late' (sorry I can't remember what clauses/numbers these are) - I'm pretty sure he can't reject these even if you still hold an unprotected deposit

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              #21
              Originally posted by MayallRoad View Post
              The way I've put it to him is that I'm returning the deposit. If he then wishes to use that money to pay me to settle arrears he can.
              But I think he's just going to do NOTHING in the knowledge that I'm manoeuvring to serve s21. I am going to reserve How to Rent, EPC, gas cert and get him to sign a document acknowledging receipt. The same document will say that he confirms he's had notification from the DPS that he can reclaim his full deposit at any time. He's staying 1.5 months in arrears most of the time. I'll deal with getting the money back afterwards, or write it off.
              Don't be suprised if he won't sign any receipt. Be prepared that you will have to serve the documents by post or similar.

              Originally posted by GrumpyGit View Post
              Can't you get him out for being in 'substantial arrears' and 'persistently late' (sorry I can't remember what clauses/numbers these are) - I'm pretty sure he can't reject these even if you still hold an unprotected deposit
              Those are discretionary grounds.
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

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                #22
                Originally posted by KTC View Post
                Those are discretionary grounds.
                I though 'substantial arrears' was a mandatory ground (I know 'persistently late' is discretionary, but every little helps!)

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                  #23
                  Grounds 8, 10, and 11. G8 is mandatory, 10 & 11 is discretionary.

                  G8: 2 months rent unpaid (for monthly tenancies) at time of notice & time of hearing.

                  G10: Some rent unpaid.

                  G11: Persistent delay in paying rent.
                  I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                  I do not answer questions through private messages which should be posted publicly on the forum.

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                    #24
                    I guess he is being clever keeping arrears at 1.5 month but to consistently pay late or not at all means you can still apply to court.

                    With such a short time into tenancy and already messing around, although discretionary I'm pretty confident a judge would at least award you a suspended order, meaning you can move direct to eviction when he fails to pay again.

                    With regards to a money claim I would not even consider this yet. If tenant is as savvy as you say, then they will already know they can claim a penalty against you.

                    Without including court costs and any future arrears then his arrears are probably still less than your penalty and when he counterclaims you will be worse off.

                    We had to write off over 2k rent arrears plus hundreds more in damage to the property for the same reason

                    Comment


                      #25
                      Originally posted by Wright76 View Post
                      With such a short time into tenancy and already messing around, although discretionary I'm pretty confident a judge would at least award you a suspended order, meaning you can move direct to eviction when he fails to pay again.
                      Well that's encouraging.... The additional ground I could include in s8 is that his references were all false and can be proved to be so, so he was planning to deceive before the tenancy even began. Does anyone have any experience of how a court might view s8 G17 - false statements?

                      You couldn't make it up (though having read some of the stories here, you probably could).

                      Because I screwed up protecting the deposit, there's a always chance he will try to counterclaim and drag things out that way.

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                        #26
                        MCOL pitfalls and advice

                        Hello helpful people. My tenant is 2.5 months in arrears, s21 issued, period to expire end of May. He has said (in writing!) that he intends not to pay rent in order to save for a deposit for his next flat. Serial abuser, fraudulent references at the beginning of the tenancy, and all reported to the police in case CID might investigate his antics as fraud.

                        I want to use MCoL to try to claim some rent before he might disappear. On 1 April he'll be 3.5 months in arrears.

                        Any tips on what can go wrong with MCoL? Any common pitfalls or advice? Any success stories from people who have used MCoL successfully?

                        I'm aware that 3.5 months in arrears makes s8 an option too - but he has past form on counterclaiming for repairs to drag things out, so I want to avoid.

                        All moral support and information gratefully received.

                        yours
                        Justin Watkins

                        Comment


                          #27
                          S8g10 can be served if only 1p is unpaid for only 1day.

                          Yes, serve s8 (all relevant grounds ) and start MCOL TODAY. MCoL should get him CCJ earlier to ensure landlords with the sense to do credit checks get warned. But evict with s21. And no or full, honest, references.

                          Ensure council get copy of s8

                          Sorry you've had this cheating scro+T. Best wishes in ensuring he gets booted out, doesn't get help or rehousing by council & hopefully no sane Landlord rents to him again.

                          Oh, if you ever see him smile, wave, be cheerful:. That will really P:ss him off and worry him
                          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


                            #28
                            I would highly recommend MCOL.

                            Main pitfall is that it only covers the debt up to the date of the claim, but that is not a big issue (you serve a second claim, or take residual from deposit etc).
                            Other slight pitfall is that the deposit is bound up until you get resolution on the claim - so you need to clearly separate damages and arrears.

                            Comment


                              #29
                              But clearly he is going to totally screw you up on the deposit issue (other thread) which is why he is so smug. But you may as well limit your losses.

                              Comment


                                #30
                                Two related threads have been merged.
                                I also post as Mars_Mug when not moderating

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