Costs when tenant leaving after serving court papers but before hearing

GDB2222

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. 

I don’t blame you for wanting to claim your costs, but you can’t claim more than you would’ve been awarded by the court. As these cases are in the small claims track, the maximum is your court fees (whatever you paid, but around £300) and what are called fixed commencement costs (around £100). If the tenant doesn’t cough up, it’s not worth starting a whole new round of litigation to recover such a small amount.

But, do check this with your lawyer. 

TheMightyShowerHead

GDB2222 said:

I don’t blame you for wanting to claim your costs, but you can’t claim more than you would’ve been awarded by the court. As these cases are in the small claims track, the maximum is your court fees (whatever you paid, but around £300) and what are called fixed commencement costs (around £100). If the tenant doesn’t cough up, it’s not worth starting a whole new round of litigation to recover such a small amount.

But, do check this with your lawyer. 

Thank you for answering my question.

Yeah, I'm not planning to go down the small claims route, although as they work in a regulated industry at least they would have a reason to abide by the judegement.

So for my clarity even with an invoice from the firm I used I can't claim "true costs"?

Yorkie1

TheMightyShowerHead said:

GDB2222 said:

I don’t blame you for wanting to claim your costs, but you can’t claim more than you would’ve been awarded by the court. As these cases are in the small claims track, the maximum is your court fees (whatever you paid, but around £300) and what are called fixed commencement costs (around £100). If the tenant doesn’t cough up, it’s not worth starting a whole new round of litigation to recover such a small amount.

But, do check this with your lawyer. 

Thank you for answering my question.

Yeah, I'm not planning to go down the small claims route, although as they work in a regulated industry at least they would have a reason to abide by the judegement.

So for my clarity even with an invoice from the firm I used I can't claim "true costs"?

No. The whole point of the small claims court is that it is intended to be low-cost and usable without requiring legal assistance. 
Small claims court: Making a claim & fees involved – MoneySavingExpert