Deposit Unprotected - Claim in Court

babyblade41

Comms69 wrote: »

s.8 is also discretionary.


So had they bothered to turn up the judge may have decided not to grant possession (unless they were 2 or more months in arrears)

They were 6 months overdue and counting as getting a date for court hearing is not a quick process in the county it came under.

Thing is it is straight forward but everything has to be 100 percent correct even working out what date rent is due and calculating the correct notice issued, a day wrong and it's deemed void

but yes you are correct ... the guidance forms are excellent to guide you through on both sections but it has to be followed to the letter and everything in triplicate without reams of paper given to the judge.

I did a timeline with an accumulated rent arrears tally backed up with rent account with it

very scary though waiting for his decision as would have been financially ruined with all the repairs and refurbishment which were ongoing ..leaving taps on and flooding the place ..twice . with a baby involved my hands were tied

Anyway another story .. back to OP which does seem to very complicated for me to help with

AdrianC

Comms69 wrote: »

Sorry I meant for rent arrears

Discretionary ground 10 does allow s8 to be used for <2mo arrears, yep, and ground 11 for "repeatedly late or repeatedly fails to pay until prompted".

SuperSaver123

Hi,

So I had my first hearing with success. One room is now vacated. Just one more to go.

Thanks everyone for some information that helped me out with the process!

I have a question in regards to the debt collection. The eviction order was also for the rent arrears and court fee. How can I now recover it? Do I still have to do the claim on line? Is the court order not enough to apply for bailiffs?

Comms69

SuperSaver123 wrote: »

Hi,

So I had my first hearing with success. One room is now vacated. Just one more to go.

Thanks everyone for some information that helped me out with the process!

I have a question in regards to the debt collection. The eviction order was also for the rent arrears and court fee. How can I now recover it? Do I still have to do the claim on line? Is the court order not enough to apply for bailiffs?

If the order required repayment of debts that is enough to apply for a warrant of control

SuperSaver123

Thank you. So I can fill in a form and then the bailiffs will search for the new address etc? Would they be able to track her down, her accounts etc and recover what is possible?

Or should I appoint one of these eviction agencies to track down the address and then claim the debt through the bailiffs to make their job easier?

Sorry I don't know how this process now works.

Comms69

SuperSaver123 wrote: »

Thank you. So I can fill in a form - and petition the court, it's a rubber stamping exercise. and then the bailiffs will search for the new address etc? Not necessarily. They might, but the cost of tracing someone may make this process prohibitive. Bailiffs can only charge on a scale. Would they be able to track her down - possibly. , her accounts etc and recover what is possible? - not from her accounts.

Or should I appoint one of these eviction agencies to track down the address and then claim the debt through the bailiffs to make their job easier? - what eviction agencies?

Sorry I don't know how this process now works.

How much are you claiming? What's the chance of the ex-tenant paying up?


In other words are you throwing good money after bad?

SuperSaver123

Comms69 wrote: »

How much are you claiming? What's the chance of the ex-tenant paying up?

It may not be so much but I want to show the remaining tenants that there are costs they can bear if they do not leave before the deadline of Section 21. It is £2k. She runs a self employed business and will display the address so she is easily trackable.


In other words are you throwing good money after bad? This is more for the other tenant to see there are consequences. It costs me loads of money to maintain 2 houses while the other tenants are in the one remaining room and will cost me more if they don't leave before the deadline of Section 21.

There are eviction specialising companies that do the tracking of people. I think I can track her from the website of her self employed business but not sure if I can just state it to the official form to court.

SuperSaver123

Basically the remaining tenants are fearless thinking that you can live in a house rent free up to the point of the hearing and there are no costs or any consequences if they leave just before the bailiffs following the example of their friend. I want them to know there are costs they would be liable for.

This may give them a little push to look for a new place to live.

Comms69

SuperSaver123 wrote: »

There are eviction specialising companies that do the tracking of people. I think I can track her from the website of her self employed business but not sure if I can just state it to the official form to court.

I'm not familiar with these companies, so I wont comment on their effetiveness

It may not be so much but I want to show the remaining tenants that there are costs they can bear if they do not leave before the deadline of Section 21. It is £2k. She runs a self employed business and will display the address so she is easily trackable. - the tenant cannot just leave before the expiry of a s.21 notice. They must serve their own correct notice. in any case there is no way that the £2k is costs and therefore I don't think that this will be any incentive whatsoever.


This is more for the other tenant to see there are consequences. It costs me loads of money to maintain 2 houses while the other tenants are in the one remaining room and will cost me more if they don't leave before the deadline of Section 21.- That is part of your business. I again do not see how this would influence any decision to leave or not. The costs are in the region of £300

Comms69

SuperSaver123 wrote: »

Basically the remaining tenants are fearless thinking that you can live in a house rent free up to the point of the hearing and there are no costs or any consequences if they leave just before the bailiffs following the example of their friend. I want them to know there are costs they would be liable for.

This may give them a little push to look for a new place to live.

understood, but getting judgement and enforcing it are two very different things.


Have you considered just paying them to leave? It may sting, but ultimately be cheaper.