Small Claims - when to start?

Foxy-Stoat_3

Current situation:

Tenant owes around £2,000 in rent arrears, issued the S21 a couple of months ago and will expiry just before Christmas, 100% sure its valid. They have no intention of leaving so will probably have to get a possession order and bailiffs etc. Very much doubt the courts will grant possession this year with it being so close to Christmas and holidays.

Part of their rent gets paid by Housing Benefits so will continue to receive some of the rent until they leave.

I would like to start the claim for rent arrears now assuming they leave when S21 expires ( I have given them 30 days to reduce or make additional payments before court action 30 days ago ) as I know where they live now, obviously, and once they f-off I will have no idea where they will go.

Doubt I will get any further money off them directly but would like them to receive some CCJ's anyway.

So can I start a small claims now for £2K and once they eventually leave do another claim for any further rent arrears plus costs?

mchale

A friend used these once and found them quiet helpful

http://www.landlordaction.co.uk/

G_M

They have a debt.

You can start a legal action whenever you want, which at this level will be allocated to the small claims track.

G_M

The advantage is starting the legal claim now is that the OP can serve court papers.

Once the tenant has left, OP might have no address at which to serve them......

Foxy-Stoat_3

G_M wrote: »

The advantage is starting the legal claim now is that the OP can serve court papers.

Once the tenant has left, OP might have no address at which to serve them......

Exactly....got my N1 form and will complete it tonight and get cracking.

Was going to do this online but its for an Estate and not sure if it can be done as an individual.

G_M

Having said that, you can serve at the 'last known address'

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

Service of the claim form where the defendant does not give an address at which the defendant may be served

6.9

(1) This rule applies where –
(a) rule 6.5(1) (personal service);

(b) rule 6.7 (service of claim form on solicitor or European Lawyer); and

(c) rule 6.8 (defendant gives address at which the defendant may be served),

do not apply and the claimant does not wish to effect personal service under rule 6.5(2).

(2) Subject to paragraphs (3) to (6), the claim form must be served on the defendant at the place shown in the following table.

(For service out of the jurisdiction see rules 6.40 to 6.47.)
Nature of defendant to be servedPlace of service1. IndividualUsual or last known residence.2. Individual being sued in the name of a businessUsual or last known residence of the individual; orprincipal or last known place of business.3. Individual being sued in the business name of a partnershipUsual or last known residence of the individual; orprincipal or last known place of business of the partnership.4. Limited liability partnershipPrincipal office of the partnership; orany place of business of the partnership within the jurisdiction which has a real connection with the claim.5. Corporation (other than a company) incorporated in England and WalesPrincipal office of the corporation; orany place within the jurisdiction where the corporation carries on its activities and which has a real connection with the claim.6. Company registered in England and WalesPrincipal office of the company; orany place of business of the company within the jurisdiction which has a real connection with the claim.7. Any other company or corporationAny place within the jurisdiction where the corporation carries on its activities; orany place of business of the company within the jurisdiction.
(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).

(4) Where, having taken the reasonable steps required by paragraph (3), the claimant –
(a) ascertains the defendant’s current address, the claim form must be served at that address; or

(b) is unable to ascertain the defendant’s current address, the claimant must consider whether there is –
(i) an alternative place where; or

(ii) an alternative method by which,

service may be effected.


(5) If, under paragraph (4)(b), there is such a place where or a method by which service may be effected, the claimant must make an application under rule 6.15.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –
(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

Foxy-Stoat_3

Well I sent the N1 form for the small claims track today, will keep the thread posted on developments....may give others an idea of timescales.