Combining Court Order with Small Claims

fatboyonadiet

Some of you will be aware of this but I'll give the history;

Tenant paid nearly 3 months rent and then problems started

Issued S21

Then started small claims

Was refusing to pay any more or move and so started S8

Court date came and went (tenant didn't bother turning up)

Repossession date came and went

I know have a bailiff date (Oct)

I also have a court date for the small claims (Jan), is it possible to combine this with the S8 case, so I'm not seen to be double claiming or wasting time?

I never realised at the time the S8 would allow me to claim arrears and thought that had to be done seperately.

Any help is much appreciated.

G_M

If the S8 hearing has been and gone, with possession granted, how can you now combine anything with it?

fatboyonadiet

That's what I wasn't sure of.

Is it best to just ring the court up about the small claims and cancel it?

The bailiff form asked for the current debt outstanding (which is more than the small claims amount), what happens with that? Am I able to ever try to claim that back anyway?

G_M

So maybe I'm wrong. I've never had to use a S8.

Since a S8 (ground 8) implies rent arrears by definition, and if the bailiff form asks how much, perhaps you can use that process to re-claim?

Someone else may know, or phone the court and ask.

Guest101

Well what does the possesion order say about arrears?

I presume it's silent, which means you need a new claim

fatboyonadiet

It's got the current outstanding amount (they asked for it on the form)

New development, the tenant has moved out this morning!

Guest101

fatboyonadiet wrote: »

It's got the current outstanding amount (they asked for it on the form)

New development, the tenant has moved out this morning!

Ok so ensure the property is empty, let the bailiffs know so they can formalise the order.

G_M

Now you just have to find out where they've moved to..........

fatboyonadiet

Thanks, property is empty and they've posted keys back through.

If I find out their address, can I do much??? (legally!)

Pixie5740

fatboyonadiet wrote: »

Thanks, property is empty and they've posted keys back through.

If I find out their address, can I do much??? (legally!)

Pursue them for rent arrears. Get a CCJ awarded against them possibly.

Is there a deposit? Could you at least use that to cover some of the arrears?

fatboyonadiet

Yes, but their arrears is about 5 months.

How do I get a CCJ awarded against them? What is the best way to get the money out of them? A new small claims court?