Taking tenant to small claims court

fatboyonadiet

We've got a tenant who is almost 4 months in arrears, we've saved her a written request for payment as well as a section 21 but not getting anywhere.

I realise a we won't get far with a small claims court but wanted to start the proceedings anyway.

What is the process and the approx costs?

G_M

Serve a S8 Ground 8 Notice for rent arrears immediately.

S21 takes 2 months. S8 does not.

https://www.moneyclaim.gov.uk/web/mcol/welcome

fatboyonadiet

Serve this to the tenant? Also they're in a 6 month tenancy and I timed the Section 21 to end on 9th Aug, same time as her tenancy ends

Kynthia

You could have served a section 8 the day after the second months rent wasn't paid. That expires 2 weeks later and then you could have applied for a court date. You're 4 months in now and could have already been to court, gotten an order for rent to be paid and have a 14 day possession order. If she didn't leave after that you could have already applied for court bailiffs to evict and only have a few more weeks of this.

fatboyonadiet

Thanks Kynthia, we've never really been in this position before and was hoping we would have scared them into action, rather then stopped them paying what little money we did. But we've learnt the expensive way and won't make the same mistake again.

GM incredibly helpful comment there, I was asking for clarification as is this the best step as I was a little mixed up as I am asking for help with small claims route rather than a section 21 or 8.

Miss_Samantha

If you start possession proceedings you can also get an order for the money owed at the same time.

pinkshoes

I would also be tempted to inform them that as they have failed to pay their rent, the council will classify them as having made themselves intentionally homeless, so would not rehouse them.

(In case they are after a council house...)

Have you talked to the tenant to find out why they have not paid? Invite them round to your house for a cuppa tea, as you are more likely to get your money by being nice than taking it to court. If they have no money, they cannot pay the debt.

theartfullodger

Kynthia wrote: »

You could have served a section 8 the day after the second months rent wasn't paid. That expires 2 weeks later and then you could have applied for a court date. ......

You could have served s8g10 when only 1p was underpaid for only 1 day... Not mandatory, but they might have taken the hint..

http://www.landlordzone.co.uk/content/grounds-for-possession

Kynthia

theartfullodger wrote: »

You could have served s8g10 when only 1p was underpaid for only 1 day... Not mandatory, but they might have taken the hint..

http://www.landlordzone.co.uk/content/grounds-for-possession

True but unless someone is a serial late/underpayer it's not a good way to build a tenant/landlord relationship. I would have thought the day the second month wasn't paid is soon enough, particularly compared to the OP waiting for a S21.

theartfullodger

Kynthia wrote: »

................... it's not a good way to build a tenant/landlord relationship. ...............

It's not a good way to build that tenant/landlord relationship for the tenant not to pay as per. contract (nor, clearly, for the landlord not to deliver his responsibilities either... repairs etc..)

My approach, if payment missed or under-paid, a calm, polite, enquiring (?is there a problem/issue..) letter after 1 week, if no sensible response an s8g10 after 2 weeks.

How would you feel if your employer (if you have one..) didn't pay you one month - leave it 2 months before doing anything? If you ran a shop, would you be happy for customers not to bother to pay for things until 2 or 3 months latter??

Others may hold alternative views...

fatboyonadiet

Thanks all. Generally we got on really well with all our tenants and have a really good relationship with them all, find it works in both our favours.

I was nice with this one to start with, and hence went down the S21 route rather than S8, but she is a liar through and through even when I have evidence to the contrary and will still lie to my face.

I've since found out she owes a lot of people money and tends to move house every year.