Eviction court fees

Michpalms

Hi just after a little help...we served notice to tenants, they didn't go so went to court for possesion order and asked for court fees to be added. Judge ruled in our favour possesion order granted and defendant to pay our costs. Still didn't leave, so went for bailiffs warrant and tenants are being evicted next week. As I have it in writing from the court that they owe us the court fee am I allowed to deduct this from the deposit via DPS. Our tenancy agreement states deductions may be made from the deposit for any repairs or damage caused by the tenant, rent arrears and any financial loss or expenditure incurred by the landlord as a result of a breach of the tenancy terms and conditions. Tenant is saying we can only deduct rental arrears owed and not court fees he owes. Whereas I would have thought we already have a court ruling that he owes us the fees and this is a financial expenditure as a direct result of them refusing to leave? What would you say?

theartfullodger

Does tenancy agreement state court fees can be deducted?

Even so, it's not your decision, tenant entitled to got to arbitration (as are you).

Wait until they have gone then assess arrears & damage - if any.

May need court & small claims

G_M

If the tenant won't agree the deduction, go to arbitration.


I've no direct experience or knowlede of claimimg court fees, but common sense tells me the arbitrators should allow it. Arbitrator decisions are of course hard to predict accurately but what have you got tolose?


If that fails,do you know (or can you find out) where the tenants are moving to? If so, enforce via the legal system instead of arbitration.


Have you added on bailiff fees?

Michpalms

No it doesn't mention court fees, definitely one to add for the future ��only financial loss or expenditure as a result of breach.

Rent arrears will take up 70% of deposit. Tenant is getting abusive and aggressive now sending messages late at night drunk threatening if he dare take any of deposit. He's gonna burn the house down!! Nice! But as you say will all have to be done via DPS anyway so final decision will be theirs, but just wondered if anyone had been in similar position. I will also add in bailiff fee and just have to keep my fingers crossed.

G_M

Can you record the calls? If so, do!
And keep any texts.


Without wishing to be pessimistic it's better to be prepared.......

AdrianC

Keep the messages threatening to commit arson. If he does follow through (he won't), then he's looking at quite a long time in prison. They'll also provide useful evidence of any other criminal damage, too.


Even if the deposit doesn't cover the costs and losses - and it sounds as if it won't get near all of them - then you can still issue a court claim against him for the rest. More fees for him, and a CCJ if he doesn't pay.

Do you have any landlord insurance that'll cover costs beyond what he can afford to pay?

Michpalms

I've stopped answering the phone now as he's always drunk so it's like talking to a brick wall. I've kept all texts messages. Roll on next week when he's gone. Very tempting to just sell it now endless grief sadly. Thanks for your help.

buggy_boy

I would not be mentioning deposit with tenant until they are out, then claim everything that is reasonable, I would argue court fees are a financial expenditure due to a breach if they have not been paying rent.

You can never guarantee what the DPS will come up with but think you would have a strong case, even if they go against you then you always have small claims court. The question there is do they still have income and is it worth the hassle.

I would definitely add the court fees to the deposit claim.

Michpalms

The threat was on the phone so I don't have a recording of it sadly. We do have insurance but not that level of cover, again one for the future.

Michpalms

I haven't mentioned it to him he just keeps on about it in his messages. The house looked pretty ok on last inspection so my best hope is that the deposit covers rent arrears and court fees and I never have to deal with the little weasel again lol.

Cakeguts

If he doesn't pay for everything please get a CCJ against him. It will show up when he tries to rent anywhere else and so although it doesn't help you it might save another landlord from having a problem with him. There is no reason why anyone should not pay rent especially if they have enough money to spend on getting drunk.