Taking tenant to small claims court

theartfullodger

fatboyonadiet wrote: »

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.

Sad: Make sure you give a full & accurate reference then, even if that means she stays longer at yours..

Crooks (be they tenant, agent, landlord, MP..) shouldn't get off scot free !!!

Pixie5740

So at the moment you've got over a month to go before you can start court proceedings to get an eviction order. Get a Section 8 issued today! Limit your losses because the chances of you recovering all the unpaid rent are slim to none if the tenant owes money all over town. You could try and get a CCJ awarded against the tenant as a warning to future landlords who, like I'm sure you did, will reference and credit check the tenant.

fatboyonadiet

Thanks. Can I issue a section 8 even tho she's still on the initial 6 month tenancy? I thought I could issue an 8 until that expires?

How do I get a CCJ issued? Will that be linked to the small claims proceedings?

Pixie5740

Yes you can issue a Section 8 during the fixed term. That's how landlords get non-rent-paying ratbags evicted as swiftly as possible.

See Ending/Renewing an AST for further information. In fact possibly reading G_M's entire guide for Tenancies in England & Wales might be a good shout because you seem a bit out of your depth.

As for the CCJ you would need to win a judgement against the tenant first. Then is she doesn't pay up you can go back to court and have a CCJ awarded against her.

Kynthia

theartfullodger wrote: »

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...

I wouldn't wait 2 months, I'd wait until 1 month and 1 day when the S8 became mandatory rather than discretionary. It seems like not much longer to wait in order to have a more certain outcome. Neither of us are wrong, just a fortnight different if you'd issue after 2 weeks. If it didn't become mandatory eviction until 2 months before you could even serve it, I would definitely serve a discretionary one much earlier. No landlord should have to wait that long with no money before taking action.

fatboyonadiet

Thanks again all - much appreciated

fatboyonadiet

Reading all the info again, I am going to issue a section 8 and I was going to use this form:

http://www.letlink.co.uk/GeneralInfo/General_possession/SECTION8.pdf

In part 3 of the form my grounds is due to rent arrears of £XXX and 4 months, is this adequate or do I need more detail?

Also in part 4 do I detail the rent they have paid and the rent due dates they've missed?

Once 14 days has passed do I need to complete a N5 for the courts, and can this be done online?

Thanks in advance