Multiple money claims for ongoing rent arrears

starburst123

Hi all, just looking to canvas opinions please as I am not sure of the thinking of the agent involved and wondered if anyone could shed any light on their actions

Partner is guarantor on a tenancy and there was a money claim filed 2 months ago for which he has applied to defend based on reasoning partly discussed in a previous thread. Allocation questionnaire sent back and assuming the agent has filed theirs will be waiting for a hearing date however 2 weeks past deadline nothing received from them even though his was sent back to the court and them in time. Agent has also in the meantime obtained CCJ against the tenant for the same debt for which an arrangement to pay hearing has been set. Tenant has technically cleared these arrears but new arrears have accrued so they have accepted one way or another a CCJ was due and are looking to pay back in installments.

Partner has this week received a final demand for new arrears and warning of legal proceedings to recover, yet nothing further relating to the original claim, awaiting confirmation from the court as to whether the agent even filed their allocation questionnaire. The agent has not applied for possession despite it being a periodic tenancy repeatedly in arrears, and does not seem to follow any process that would normally be used in this situation, so I am wondering how long and often can they realistically keep this going, they have seen partner is willing to go to court and let a judge decide on whether liable based on his defence to the original claim, yet it appears that might not happen with the first claim, so assuming we go through the same again with the second, can they keep doing this?

Thanks in advance

G_M

It's always annoying when posters start new threads on a related topic, and I can't be bothered to hunt back, so have no idea of the history, whether the defense is likely to succeed etc.

However, to answer your Q: yes, the LL can continue to make claims for arrears. Each set of arrears is a seperate default, so can be claimed for seperately.

Just like if I hired a builder and failed to pay him, and then hired him again later and again failed to pay (etc).

In this case, it may well be that the LL prefers to keep the tenant, knowing he can claim against the guarantor for arrears, rather than evict and suffer the costs of void period and marketing etc for a new tenant.

I a surprised though that the agent is making these claims - I thought only the Principal (ie landlord) could make a claim, or a solicitor acting on his behalf. But that's a different matter.

The solution, of course, is for your partner to have a chat with the tenant and ensure rent is kept paid up to date.