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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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what is the procedure to clam rent arrias from a tenant

Customer Question

what is the procedure to clam rent arrias from a tenant
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Do you wish to know how to evict the tenant as well, or just how to claim the arrears?

 

How many month in arrears are they?

 

Tom

Customer: replied 3 years ago.

Just how to clam the money

 

3 months 1 week

Expert:  Thomas replied 3 years ago.

Hi,

 

You can issue a claim for the monies yourself by using Her Majesty's Courts Service online site http://www.moneyclaim.gov.uk/

 

Obviously you should include a copy of your tenancy agreement (if any) and the letter before action with your witness statement/claim form. The claim will be issued in your nearest county court and sent to your tenant for them to acknowledge. The case will then proceed through the county court system in the normal way.

 

As you are entitled to issue an application for possession because the tenant is two months in arrears the judge may wish to know why and whether you are not applying for an order for possession, but it should not preclude you from obtaining judegment and I can personally understand that you wish to obtain judgement now knowing where the tenant actually is.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 

Tom

Customer: replied 3 years ago.

The tenant said that he did not pay rent on the grounds that he wanted some repairs to be done in the house and he wanted compensation for the inconvinence. I explained to him that to the best of my knowledge I have carried out the repairs, I spent £4000 in 2009 and i can not compensate him. It was when I wrote the last letter stating that if he did not pay his arreas I will take him to court, he sarted paying his rent on 17/12/10 and 24/12/10, (2 weeks) but still did not pay the outstanding 3 months rent. Because he has sarted payment I don't know if I can ask for possession or just to concentrate on collecting the arreas.

Thanks.

Expert:  Thomas replied 3 years ago.

Hi

 

If the tenant is occupying under a tenancy agreement then you can evict on the basis of rent arrears inu the following circumstances under s8 ground 11 of the housing act 1988:-

 

Arrears must exceed 8 weeks if the rent is paid weekly or fortnightly, 2 months if paid monthly, one full quarter if paid quarterly or 3 months if paid yearly. The maximum arrears in each case must exist both at the notice of proceedings and at the hearing itself.

 

If your tenant required compensation then he should have formalised the matter and provided a detailed breakdown of their loss, rather then let arrears accrue and then retrospectively/vaguely claim it was for compensation. The judge won't like that but it will be up to him as to the credibility of your respective positions. They will also not like any time lag between when the loss for which compensation is claimed and the date when rent arrears started accruing.

 

The standard of repair your a obligated to maintain is here::-

http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-11-landlords-repairing-obligations.html

 

You are probably going to have to fight it out in front of the judge with them. If the fixed term of the original tenancy agreement has expired then you can issue a s21 notice for possession giving two months notice as the tenancy is now a statutory periodic tenancy (ie. one which rolls over from one rent period to the next). You do not need a reason to issue this notice so you may consider using this as a fall back option to getting them out.

 

NOtices should be in the correct form and you can obtain them fromi any online document provider.

 

Hope this clarifies, if so please kindly click accept.

 

Kind regards

 

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6391
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 3 other UK Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you very much for the explanation. what do i do next, wait untill the deadline i gave him, if he did not come to any arrangement on how to pay the arreas then go to court. Just I know would I get any help in completing the county court clams form so I don't make mistake.
Expert:  Thomas replied 3 years ago.

You should wait until the time limit has expired if this is what you have stated in the letter.

 

If they do not respond or they take a position which you cannot agree with or negotiate around then you will be forced to issue a claim.

 

You can call your local county court as to the completion of the forms - they are usually quite helpful and judges are fairly understanding in that they appreciate that not every person wishes to instruct a solicitor in every.situation.

 

Please click accept. I will continue to answer your follow up questions.

 

Kind regards,

 

Tom

Customer: replied 3 years ago.
Tkank
Expert:  Thomas replied 3 years ago.

You're welcome.

 

Tkank for your kind accept.

Tom

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