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Becca
Dedicated October 2006

How much does it cost to take someone to court? (Evicting tenant / chasing money owed)

Becca, 10 March, 2009 at 22:10 Posted on Off Topic Posts 0 4

I have been too soft on our tenants, trusting their story that they'd had a temporary blip in their finances ar Christmas, but that they would be able to catch up the arreers, and then letting payment dates slip by without hassling them as I was caught up with starting back at work / poorly baby etc in the last few weeks.

Anyway, we have now got to the point where they are not making the agreed payments to catch up the arreers, and not even enough to cover the rent they were formerly managing to pay.

H says we need to tell them if they can't pay back half of the arrers by the end of this month, and the remainder by the end of April (the point they would have caught up by if they'd followed the payment plan) then they must leave. I am 99% certain that they won't have this money, but he says - Great, then they'll be gone and we can get a new tenant in and cut our losses.

I am worried by doing that they will just stop even trying to pay us and someone will advise them that we 'can't make them leave' and we'll end up in an even worse situation

Looking at landlord websites they talk about taking the tenants to court to get a posession order and order to repay the arreers owed, and that they would also owe us our court expenses, but realistically, could we actually hope to get the arreers and costs paid?

I know this is a 'piece of string' question, but how much roughly does it take to 'go to court' in these sort of circumstances (or for example if they just move out now, still owing us 3-months rent, which might be the best case scenario!!)?

4 replies

Latest activity by Becca, 17 March, 2009 at 20:06
  • WifeyLind
    Beginner April 2006
    WifeyLind ·
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    Don't know that cost of going to court, but surely as a landlord your have a claus in the tenancy which states if they miss rent payments that you are within your rights to serve notice?

    I think you've been patient enough with them, and rather than worrying what could happen I think you are in the right that if you served notice on them, stating the reason for none payment, then that is fair. Once they are out, then perhaps decide if you are going to chase for arrears in court, but in some cases it might be more trouble than it's worth.

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  • S
    Beginner January 2006
    seraphina ·
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    You need to get legal advice, seriously. If tenants even make a token payment, no matter how late, most courts will not evict. You will need to have every bit of paperwork absolutely spot on.

    Are you a member of the Landlord's Association? Not sure exactly what it's called, but it does include access to a legal helpline. You might want to give Peaches a shout - she's well up on the landlord business.

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  • flissy666
    flissy666 ·
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    I'm literally in the middle of reading this, which details your legal rights and obligations as a landlord. Obviously, much of it depends on the nature of the contract they signed, but it may be of use?

    http://www.communities.gov.uk/documents/housing/pdf/138286.pdf

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  • Stargazerlily2626
    Beginner
    Stargazerlily2626 ·
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    Becca. You cannot make them leave without a court order and in order to take the matter to court you need to have served the appropriate notice on them. Assuming they are assured shorthold tenants there are various different grounds for getting a possession order some are mandatory and some are discretionary. Depending on how long they have been your tenants and the terms of the lease you may be able to serve a section 21 notice which is grounds of a mandatory possession order. If you don't seek an order for the arrears you can apply for an accelerated possession order which is done quickly and dealt with on paper without a hearing provided you have followed the correct procedure. In my experience it is difficult to recover arrears from tenants (they usually have no money) and you are best getting them out as quickly and cheaply as possible.

    If I were you I would consider going to a solicitor as the forms and service are easy to mess up and can end up losing you time and money...

    ps Happy Birthday!

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  • Becca
    Dedicated October 2006
    Becca ·
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    Just got back to this after the fuss of mine and the babe's birthdays.

    Thankyou all for replying. They are on an Assured Shorthold Tenancy, and I have started to appreciate through Landlord forums etc that it is a tricky business evicting tenants and unlikely to see any money back.

    I think they are actually a decent pair who only earn enough for the rent on a good week, so with 2 of them on stat sick pay for 2 weeks I can see how they ended up in trouble. They are making attempts to get back on track, and she has increased her working hours by 50% so hopefully it won't be an issue in the end.

    Thanks again, Bex xXx

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