Costs when tenant leaving after serving court papers but before hearing

TheMightyShowerHead

Have searched the forum and the google and couldn't find anything so this is my situation

Informed tenant I would be reclaiming the house in November, S21 issued in December, with a date to leave in Feb. They then went completely radio silent until a few days before S21 expired with a list of issues with the house. All have been rectified.

Have had to issue court proceedings for a accelerated posession order. Hearing date is end of April but I'm informed they will be leaving within in the next couple of weeks to move into council property.

My question is am I still able to claim solicitors and court fees from the tenant since they overstayed their S21 and I've still had to pay the costs.

Claiming from deposit is the last resort as there are other damages in the house that will likely need the deposit to recitfy.

Hope all this makes sense.

Brie

not a landlord/lady/person or a solicitor so can't answer your question but wanted to say that if someone has found other accommodation and is moving out, albeit later than you want, then I would call that a win on your part.  I thought that the deposit had to be repaid prior to a S21 being issued so I doubt that's going to be something you can offset your costs against.  

FlorayG

Brie said:

 I thought that the deposit had to be repaid prior to a S21 being issued so I doubt that's going to be something you can offset your costs against.  

No, that's only required if the LL didn't correctly protect the deposit when it was given

Herzlos

The odds of you getting your money back from them anyway is low. Just take the win and move on.

RHemmings

Another vote for considering this a win, and moving on. 

theartfullodger

You want them to go.  IMHO any sensible and prudent landlord would smile, thank them and move on.

Costs are an expected and (hopefully) budgeted expenses.  I certainly do.

You'll know fine well that s21 , even if valid (many many are not ) does not end tenancy nor compel tenant to leave.  Tenant is as entitled to remain enjoying their rights to court process etc as you are entitled to serve s21.  Entitled through same ACT - Thatcher's 1988 housing act.

Sigh!

How did you check s21 was valid and service was valid??

Best regards to all..

TheMightyShowerHead

Don't get me wrong I'm grateful they are leaving, and I have a deposit which will cover the costs but not much else such as reinstatement. 


theartfullodger said:

....
You'll know fine well that s21 , even if valid (many many are not ) does not end tenancy nor compel tenant to leave.  Tenant is as entitled to remain enjoying their rights to court process etc as you are entitled to serve s21.  Entitled through same ACT - Thatcher's 1988 housing act.

Sigh!

How did you check s21 was valid and service was valid??

Best regards to all..

I understand the S21 doesn't compel them to leave, which is why I started proceedings which has cost a lot to put in place. Which is why I'm wondering if they've already left by the time the case is dealt with whether I'll still be awarded costs to recoup the money. 

S21 was valid, all relevant laws and best practices complied with. 

Maahes

You wanted them to leave and they've complied and left and yet you still want more. People wonder why landlords have a bad rep.

TheMightyShowerHead

Maahes said:

You wanted them to leave and they've complied and left and yet you still want more. People wonder why landlords have a bad rep.

I want them to pay the expense they've cost me yes, I don't think that's unreasonable.

I haven't raised the rent at all since theyebe5 been there, I've repaired and maintained everything that has been reported. I gave them plenty of notice before I even gave the S21. 

I understand there are bad landlords out there, but there are also bad tenants. 

Grumpy_chap

TheMightyShowerHead said:

Have searched the forum and the google and couldn't find anything so this is my situation

Informed tenant I would be reclaiming the house in November, S21 issued in December, with a date to leave in Feb. They then went completely radio silent until a few days before S21 expired with a list of issues with the house. All have been rectified.

Have had to issue court proceedings for a accelerated posession order. Hearing date is end of April but I'm informed they will be leaving within in the next couple of weeks to move into council property.

My question is am I still able to claim solicitors and court fees from the tenant since they overstayed their S21 and I've still had to pay the costs.

Claiming from deposit is the last resort as there are other damages in the house that will likely need the deposit to recitfy.

Hope all this makes sense.

You want them to go.
They are going.
Take the win.

Don't count your chickens until the eggs are hatched.  You say the Tenants are moving to LA property.  Often that only becomes available via the emergency accommodation routes once the Tenants are actually homeless.

Be aware that the Tenants may still claim the deposit back via the protection scheme.  The deposit only covers damage beyond wear and tear.  How long had they been in the property?  You mentioned damages to "rectify" and later use the term "reinstatement".  You can't claim anything back that constitutes betterment.

Even if you have to return the full deposit and absorb the court costs, this is a win.  You have not had to suffer a vacant void / non-payment of rent, or protracted eviction proceedings when the Tenants refuse to vacate after the court order.

theartfullodger

TheMightyShowerHead said:

Don't get me wrong I'm grateful they are leaving, and I have a deposit which will cover the costs but not much else such as reinstatement. 


theartfullodger said:

....
You'll know fine well that s21 , even if valid (many many are not ) does not end tenancy nor compel tenant to leave.  Tenant is as entitled to remain enjoying their rights to court process etc as you are entitled to serve s21.  Entitled through same ACT - Thatcher's 1988 housing act.

Sigh!

How did you check s21 was valid and service was valid??

Best regards to all..

I understand the S21 doesn't compel them to leave, which is why I started proceedings which has cost a lot to put in place. Which is why I'm wondering if they've already left by the time the case is dealt with whether I'll still be awarded costs to recoup the money. 

S21 was valid, all relevant laws and best practices complied with. 

Very good.  Apologies for checking but...  """ How did you check s21 was valid and service was valid??  """"  If not checked - I suggest against the two common  checklists - it's not possible to assert it is valid...