Small Claims rent arrears

3card

Fabtasia said:

@3card

I would be really interested to understand whether you 1) ended up getting the money on a money order due to the section 8 2) focused on procession 3) ended up getting a CCJ.

1) no we never have received a penny of the arrears and never expect to because the only 'asset' the tenant had was a car and i know for a fact that this was on credit
2) yes the main priority short term was to get the property back and then still leave the money order as unsatisfied which i still thought would be classed as a CCJ until recently
3) I have not pursued the money matter because i know the tenant is no longer working and i also know she is living with a relative because the council wouldnt rehome her or her kids (but i leave my options open has to whether i look at this again in the near future

3card

Fabtasia said:

Thank you for your help. As before, have got a solicitor involved. So they are ensuring that every point is covered off on both notices. I am focusing on getting the property back. I think to do a small claims would muddy the issue, for more cost.

Will let you know how this comes out. However, the technicality was one of the wording on one of the forms, which isn't on any of the websites (including those that have also been forwarded in the thread). Essentially, as I am sure you know, the law isn't about who is right but about what you can base a legal opinion on. I suspect that this person has done this before.

The original section 8, section 21, were filled very promptly, the rent arrears are essentially getting on for 8 months (and counting), simply because it takes that long to get to court, only to be in this case refiled, which starts the process again.

Again thank you for your help. My advice to anyone in this situation is to use a lawyer quite promptly once you start raising section 21s etc. In 95% of cases, you wouldn't have needed one but unfortunately, I am in the 5%

I am still puzzled why you took the court action using the S21 when the S8 G8 is quicker and the judge cannot use his/her discretion?
Proving of the rent arrears should be sufficient to obtain a possession order

I issued a S21 but as soon as the rent was 2 months in arrears i issued a S8 G8, 10 & 11. I took the court action using the S8 and this was issued by the court within 5 minutes of entering the court
The process was so easy and i did all the work/form filling but i did use an 'outside' company to just do the application for the bailiffs to ensure i didnt fall down at the last hurdle

Just for the records i issued the S8 mid February and the bailiffs attended in August  

Fabtasia

I did both. However, the issue was that the tenant came to court with a solicitor. As I said, if you are doing it yourself 95% of time, you'll be OK. But 

Unfortunately, I was in the 5%. My solicitor is now handling the complete process.

Thank you for the info on balliffs timetables.

saajan_12

Fabtasia said:

I did both. However, the issue was that the tenant came to court with a solicitor. As I said, if you are doing it yourself 95% of time, you'll be OK. But 

Unfortunately, I was in the 5%. My solicitor is now handling the complete process.

Thank you for the info on balliffs timetables.

Okay, but even representing yourself, you could still apply to the court for possession under S8 G8, at the same time or earlier than acting on the S21. Did you choose not to do this, or what was the legal nuance that caused this to fail? 

theartfullodger

3card said:

Fabtasia said:

Thank you for your help. As before, have got a solicitor involved. So they are ensuring that every point is covered off on both notices. I am focusing on getting the property back. I think to do a small claims would muddy the issue, for more cost.

Will let you know how this comes out. However, the technicality was one of the wording on one of the forms, which isn't on any of the websites (including those that have also been forwarded in the thread). Essentially, as I am sure you know, the law isn't about who is right but about what you can base a legal opinion on. I suspect that this person has done this before.

The original section 8, section 21, were filled very promptly, the rent arrears are essentially getting on for 8 months (and counting), simply because it takes that long to get to court, only to be in this case refiled, which starts the process again.

Again thank you for your help. My advice to anyone in this situation is to use a lawyer quite promptly once you start raising section 21s etc. In 95% of cases, you wouldn't have needed one but unfortunately, I am in the 5%

I am still puzzled why you took the court action using the S21 when the S8 G8 is quicker and the judge cannot use his/her discretion?
....

There is of course the possibility that tenant raises disrepair issues (which landlord may disagree with..), but judge agrees with tenant, assigns a value to those repairs, then knocks off that value from stated arrears, ground 8 no longer applies, no possession order. Plus possibility judge may award costs to tenant meaning landlord has to pay tenant's solicitors bill (large...).

see
https://england.shelter.org.uk/professional_resources/legal/housing_conditions/legal_remedies_for_disrepair

And of course maybe a rent repayment order depending on circumstances...