Experience of taking a tenant to court

E_Razor

Hello

Has anyone had to do this?

I am concerned that I may have to soon. Our tenants have acted very suspiciously and our letting agent has been particularly poor, in my opinion.

Firstly, they let our yearly agreement end without getting them to sign a contract and hence they are on a fixed term agreement.

They have never paid the rent on time ever. For 11 of the intial 12 months, they were routinely 3 weeks late.

They paid nothing in August and have had two months rent outstanding for the past 2 months.

They recently sent out a letter informing us that they were going to leave (which is ironic because their notice to quit is in the post).

I am anticipating a possible need to go to court and am hence keen to know how this works and what it is like (efficient/cheap with quick and simple resolution or long/expensive with unsatisfactory resolutions).

Roshan

Mutton_Geoff

You can easily claim using the governments Moneyclaimonline website. Several problems though, you probably won't have a forwarding address to contact these types of tenants, the process takes ages, and even if the court are able to contact the tenants in 4-6 months time (which is how long all this takes) there is no guarantee that the tenants will pay.

Court bailiffs are an extra cost and nowhere near as good as private bailiffs so with all the process complete, you're left with bigger losses and still no money. For this amount, I would put it down to experience and keep on top of the next tenants. For you not to clamp down as soon as the first payment was late probably indicated your position to the tenants very early on. Just absorb the cost and move on to finding the next tenants.

iolanthe07

I had this happen to me back in the early nineties. My solicitor advised me that I would be putting good money after bad if I tried to take them to court and it was better to move on and get over it. Sticks in the gut though..................

silvercar

try landlordzone.co.uk/forums. people on there who have had experience of courts, instructing baliffs etc.

tbs624

E_Razor wrote: »

.. our letting agent has been particularly poor, in my opinion.

Firstly, they let our yearly agreement end without getting them to sign a contract and hence they are on a fixed term agreement.

I assume you mean that the tenancy is now a statutory periodic one where, if rent was paid monthly under the original contract, the tenants have to give you 1 month's notice, and you have to give them 2 months to tie in with the rental periods?

You have no guarantee that these tenants will go when they say they will, nor what condition the property will be in when they go (has the LA inspected the property at any time during the tenancy). Serve Notice on the tenants now using Grounds 8, plus 10and 11 if appropriate, if you are sure that it is the tenants that are late in paying rather than the LA receiving the rent on time & delaying passing the payments on to you.

Have the tenants paid you a tenancy deposit, and if so how much was it, in relation to the rent?

If you are in Eng/Wales and deposit was paid after 6 April 2007, have you scheme-registered it and given them the "prescribed info".

Trawl back through the agreement you have with the LA for the management of this tenancy and deal with their shortcomings: if they are voluntarily signed up to ARLA, NALS or OEA schemes take a look at their codes of practice too. Remember though that *anyone* can set up as a Lettings Agent, and the ultimate responsibility for the tenancy rests with you so you need to personally keep up to date with all rules/regs/obligations.

Join a national LL association or subscribe to LandlordLaw (membership fees tax deductable) and you'll have access to plenty of good advice on how to proceed.

Gorgeous_George

I've never had to take a tenant to Court. The only non-payers that I had left quite soon after I confronted them. Yes I was out of pocket but I've made up for it since. After two years, I now know where they live. They may get a visit soon.

I try to sort these things out amicably. Maybe moving the rent day back by three weeks would have helped. Once the relationship turns sour, it is probably too late and defaulting becomes almost inevitable.

When all else fails, I get angry. But it's a controlled anger and just as A and L B******* will find out, I am prepared to bide my time. Revenge is better served cold (and legally of course).

GG

Premier_2

I'd slap a s.21 notice on the tenants too as a belt & braces approach.

Edit:
Or perhaps you have already done so?

E_Razor wrote:

...(which is ironic because their notice to quit is in the post)...

Debt_Free_Chick

Just to be clear ... take them to Court .... for what, exactly?

Are you sure that they are two months behind with the rent? On what day is the rent due and what do they owe as of today?

Bungarm2001

We are currently in the first stages of taking two of our ex-tenants (sharers in the same house) to court over massive rent arrears. There was a third, but they have settled and paid up what they owed after the threat of court and several opportunities to pay.

The other two have had several letters with ample offers to discuss their position, and we have heard from one with a strong offer to pay (yeah right..:rolleyes: )

They have until the 16th before we send them the 'letter before action'

All three left the property last month, so at least we don't have evictions to deal with.

I'll let you know how we get on.

The LA was very slack in their dealings with these people, and we have made quite a few mistakes ourselves, but learnt a few valuable lessons. Several people have told us that in the long run, it isn't worth persuing this, but it is a fair amount of money apart from the principles involved.

It really galls me that these b0ggers can just pay rent when they feel like it, then go swanning off fairly safe in the knowledge that at the end of the day, you haven't got a chance of getting what is owed, even via the court which lets face it, is fairly toothless when it comes to small claims. All the defendant has to do is offer to pay a derisory sum every month i.e. a fiver, and the court will accept this. In fact, we were threatened with this by the 3rd tenants guarantor if we didn't settle on their terms. Nice, ay?

E_Razor

Mutton_Geoff wrote: »

You can easily claim using the governments Moneyclaimonline website. Several problems though, you probably won't have a forwarding address to contact these types of tenants, the process takes ages, and even if the court are able to contact the tenants in 4-6 months time (which is how long all this takes) there is no guarantee that the tenants will pay.

.

Thanks for the advice.

They have a guarantor, with an attatched address. I must express my surprise at how difficult it is to get payment in such a clear cut case!

The rental market currently favours the landlord. We did not realise this until after 1/9 (when their contract ended).

E_Razor

tbs624 wrote: »

I assume you mean that the tenancy is now a statutory periodic one where, if rent was paid monthly under the original contract, the tenants have to give you 1 month's notice, and you have to give them 2 months to tie in with the rental periods?

Correct on the former, as for the latter, I had assumed it was six weeks.

<<You have no guarantee that these tenants will go when they say they will, nor what condition the property will be in when they go (has the LA inspected the property at any time during the tenancy). Serve Notice on the tenants now using Grounds 8, plus 10and 11 if appropriate, if you are sure that it is the tenants that are late in paying rather than the LA receiving the rent on time & delaying passing the payments on to you.>>

The LA does not get the rent. I am absolutely sure. He has even left a message on my mobile apologizing for this (I believe he is a b.s.er). The property has been inspected by various people, including myself, and it is fine.

<<Have the tenants paid you a tenancy deposit, and if so how much was it, in relation to the rent?>>

Around 1.5 months rent.

<<If you are in Eng/Wales and deposit was paid after 6 April 2007, have you scheme-registered it and given them the "prescribed info".>>

Yes, and I presume the LA gave them the prescribed info.

<<Trawl back through the agreement you have with the LA for the management of this tenancy and deal with their shortcomings: if they are voluntarily signed up to ARLA, NALS or OEA schemes take a look at their codes of practice too. Remember though that *anyone* can set up as a Lettings Agent, and the ultimate responsibility for the tenancy rests with you so you need to personally keep up to date with all rules/regs/obligations.>>

They are a member of some of the above, but the bottom line is that these jokers will not be renting out my flat again. I have found an agent who has rented out many from the same block for a better price and says (I enquired as a tenant and a landlord to check) within 2-4 weeks I should have a tenant.

<<Join a national LL association or subscribe to LandlordLaw (membership fees tax deductable) and you'll have access to plenty of good advice on how to proceed.[/quote]

Thanks for the advice

Roshan