Small claims court: dodgy letting agents?

Chips82

Evening all!

I was hoping you all may be able to help - I have recently evicted my tenant for non payment of rent and as a result my letting agent has taken the guarantor to the small claims court after they refused to pay the outstanding amount. The court papers were submitted on monday and I paid £75 in court fees. I found out today that the guarantor has paid some of the money owed (still shy ~ £200) to the agents to circumnavigate the courts. The agents have accepted this and paid into my account without consulting me first.

My question is where does this leave the court proceedings, the £200 still owed and the fees I have paid for the court?

Any help would be much appreciated!

Thanks

G_M

Why on earth are you not in control of your court action. write to your agents instructing them what you want them to do, or not do.

As for the court action, have either you, or your agents on your behalf, confirmed to the guarantor that they accpeted this payment in full settlement of the debt?

If not (and assuming you wish to pursue the claim) write to the guarantor acknowledging receipt of part of the debt and demanding the outstanding amount, plus court costs, by return of post.

Also contact the court officials to ask if they have been informed of the payment, and seek advice as to how to ensure the action proceeds for the outstanding amount.

jjlandlord

Unless your agent is also a solicitor they cannot deal with court proceedings on your behalf, so I would wait to see the reaction of the court first.
(is there a fee of £75 by the way? I don't see it in the list)

As for the guarantor's payment, it also depends on e.g. the contents of any letter that accompanied it.
E.g. if he said that he offered that much to settle the debt and your agent accepted the payment, I'm afraid you may be in a bind now.

Annie1960

How did you choose these LAs in the first place? Did you just sign with the one that claimed they could get you the most rent, or did you check them out?