Small Claims/Money Claim Online

cdbe11

We have a rental property where the tenant owes £2000 in unpaid rent, in addition to other action to regain possession of the property etc I have just issued a MCOL to attempt to recover the arrears. I have included the following sentence in the particulars:

"This claim covers the period 1 Aug 2016 - 1 Mar 2017 where the total rent due was £9500 and the total amount paid was £7510.50 leaving arrears of £1989.50."

I have made a mistake with the date; it should be 1 Aug 2015, everything else is correct.

Will this affect the claim as the court have said it will cost £100 and an application to a judge to change this?

Thanks for any advice. Including whether I have posted in the correct area?

Guest101

First things first, have you followed pre action protocol?


Did you send a letter before action to your tenant?

G_M

If it were me I'd correct it. At best you'll find the hearing taken up with explanations of this. At worst the tenant wll show it's erroneous & the judge will find against you.

But I limited experience of this.

cdbe11

Thanks. LBA issued a month ago, full detailed of arrears etc previously given to tenant and to the officer at local council housing dept who is "helping" tenant clear arrears (over a month ago - I have heard nothing). Section 21 issued and expires 31 Mar. Tenant claims to be looking for new accommodation but suspect she is after a council house. By way of background she is a single parent in full time employment, 3 kids, working "partner" who pretends not to live there (she has claimed/is claiming student council Tax exemption, working tax credits and housing benefit (briefly while on mat leave with immaculately conceived baby)). She is apathetic to any verbal requests for payment, just makes empty promises or says she has no money and I can take her to court, she has not responded to any written requests for payment or to LBA etc.

I strongly suspect she will fail to respond to or defend the claim (in the same way I think she will ignore the Section 21 even while the bailiffs are turning up etc - probably read the guide on how to get a council house).

I can explain my "error" at the hearing if necessary and acceptable. I would rather avoid spending another £100 pounds as I suspect it may be throwing good money after bad - if I get a judgement she has no assets so my only hope of recovering anything is attachment of earnings (she actually has a degree and a secure job).

As I will probably need to make another claim for eviction costs and any further unpaid rent etc when she does vacate (I was just trying to get ahead of the game/show I was serious with this claim) I suppose I can can write this claim off if it fails and add to my next claim. It was £105 for the claim, its £100 (and potentially a long delay) to amend it.

Guest101

cdbe11 wrote: »

Thanks. LBA issued a month ago, full detailed of arrears etc previously given to tenant and to the officer at local council housing dept who is "helping" tenant clear arrears (over a month ago - I have heard nothing). Section 21 issued and expires 31 Mar. Tenant claims to be looking for new accommodation but suspect she is after a council house. By way of background she is a single parent in full time employment, 3 kids, working "partner" who pretends not to live there (she has claimed/is claiming student council Tax exemption, working tax credits and housing benefit (briefly while on mat leave with immaculately conceived baby)). She is apathetic to any verbal requests for payment, just makes empty promises or says she has no money and I can take her to court, she has not responded to any written requests for payment or to LBA etc. - Great. If shes committing benefit fraud then report her, but having a baby with someone doesn't make them a partner.

I strongly suspect she will fail to respond to or defend the claim (in the same way I think she will ignore the Section 21 even while the bailiffs are turning up etc - in 4-6 months? - probably read the guide on how to get a council house). - indeed, councils are great at gatekeeping

I can explain my "error" at the hearing if necessary and acceptable. I would rather avoid spending another £100 pounds as I suspect it may be throwing good money after bad - I think you are, she has no assets, there's no way you'll recover this money - if I get a judgement she has no assets so my only hope of recovering anything is attachment of earnings (she actually has a degree and a secure job). - single mum with 3 kids, you'll get a token £5 a month I bet

As I will probably need to make another claim for eviction costs and any further unpaid rent etc when she does vacate (I was just trying to get ahead of the game/show I was serious with this claim) - silly, as courts will no thank you for it I suppose I can can write this claim off if it fails and add to my next claim. It was £105 for the claim, its £100 (and potentially a long delay) to amend it.

You cant keep trying to claim for the same thing.

KILL_BILL

you can make an application without an hearing if it is just a change of date - but you will still have to pay the fee !!

with you application you should include evidence of the correct date and provide a correct particulars of claim with the correct date for the court to submit to the defendant

cdbe11

Thanks for the advice. The tenant has just e-mailed me:

"Hi ####, I just want to start by sending you my sincere apologies with regards to paying the rent. The housing officer who was supposed to be helping me has gone on maternity and therefore things have not been done that was supposed to I.e housing benefit.
Would you be happy of a payment plan of £50 a week to be sent to you to start paying the arrears?
Rent will also be paid in full at the end of this month.
I really am sorry for any inconvenience and stress I may have caused you."

I guess the council house dream has collapsed and the claim and Section 21 have started to hit home. She has nowhere to go!

I plan to accept her offer (I believe I need to get this in writing - as opposed to the e-mail) then I can enter the judgement as a full admission/installments at MCOL - perhaps she thinks her action/this deal will cancel the case, whereas I believe it will result in a judgement which I could enforce in future?

Regarding the Section 21, as I understand it I can "call it in" at any time if the tenancy continues as a periodic and she fails to pay the future rent and/or arrears, even as early as 1 Apr if no rent appears?

I'm not sure I have anything to lose as the alternative is to apply for possession on 1 Apr - probably not get any rent for the time it takes to gain possession, no arrears repayment etc and house empty till its re-let etc.

As always advice gratefully received.