Court claim - rent arrears

[stevemLS]

Re: Court claim - rent arrears

Both - I would send a draft order with the letter - make it as easy as possible for them - and it is not as though it is complicated.

[FlamingParrot]

Re: Court claim - rent arrears

Thanks for the reply FlamingParrot.

I've done an income and expenditure, it's obviously difficult as I've given unreliable service at work the past couple of years so income has been changing. I do know how much I can reasonably offer, and it's similar to the amount I stated above.

An average of your income should be fine, as long as it's reflective of the overall situation and what you can reasonably expect it to be in the future.

[nemesis45]

Re: Court claim - rent arrears

If you read your claim form it appears to say the claim is for the arrears, the court fee, reps fee, and interest, so the whole thing ends up as one amount which I what you have to agree to, you really don't need to add all this up your self the claimant must come up with the figure he claims.

nem

[n20998]

Re: Court claim - rent arrears

Hi nemesis,

It's not like that. In the box in the bottom corner of the form it has the amount claimed, court fee, legal representatives costs giving a total. In the 'value' section of the main text on the front page it has the amount claimed (the same as the amount claimed in the box) plus interest, with the words about s69 blah blah about the interest. Is that not correct?

As I want them to stop the interest today, I want to include that in the offer I make. I also need to know if they can claim the legal representatives costs and if the court fee they have put down is correct.

[dan_1207]

Re: Court claim - rent arrears

The claim to interest is not properly pleaded. S69 County Courts Act 1984 does *not* override a contractual rate.

s69(4) County Courts Act 1984 - "Interest in respect of a debt shall not be awarded under this section for a period during which, for whatever reason, interest on the debt already runs".

Check the original tenancy agreement for the agreed rate (which is likely to be half!) as this could save you a bit of cash in the long run.

[dan_1207]

Re: Court claim - rent arrears

Hi nemesis,

It's not like that. In the box in the bottom corner of the form it has the amount claimed, court fee, legal representatives costs giving a total. In the 'value' section of the main text on the front page it has the amount claimed (the same as the amount claimed in the box) plus interest, with the words about s69 blah blah about the interest. Is that not correct?

As I want them to stop the interest today, I want to include that in the offer I make. I also need to know if they can claim the legal representatives costs and if the court fee they have put down is correct.

They can claim fixed costs. If the amount claimed (the figure in the top section of the box in the lower right-hand corner) is between £3,000.01 - £5,000.00 then the court fee is £205.00. If the amount is between £5,000.01 - £15,000.00 then the court fee is £455.00.

[n20998]

Re: Court claim - rent arrears

Hi dan, thanks for replying, even more confused now!

On the interest, it states in the tenancy agreement 3% above base rate (so 3.5%). I can dig out the exact wording later. In all other correspondence and the previous agreement, they never mentioned adding the interest. Does that mean it was not 'already running'??

On the charges, they have court fee of £205 and legal representatives costs of £80. Are they ok, even if they agree the Tomlin order? Do I have to agree to the £80?

I was trying to avoid exact figures in the small chance they are reading. But if they are, hi!!

[dan_1207]

Re: Court claim - rent arrears

Hi dan, thanks for replying, even more confused now!

On the interest, it states in the tenancy agreement 3% above base rate (so 3.5%). I can dig out the exact wording later. In all other correspondence and the previous agreement, they never mentioned adding the interest. Does that mean it was not 'already running'??

On the charges, they have court fee of £205 and legal representatives costs of £80. Are they ok, even if they agree the Tomlin order? Do I have to agree to the £80?

I was trying to avoid exact figures in the small chance they are reading. But if they are, hi!!

In writing to the other side, explain that the contractual interest rate prevails and they should recalculate to 3.5%. It is "running" when the principle debt falls due, so you're only liable for 3.5% if that's what the agreement states.

The fixed costs are fine and you will need to pay them/incorporate them in your Tomlin Order.

[n20998]

Re: Court claim - rent arrears

Thanks again dan.

As nemesis said above, should the interest have been included in the 'amount claimed' box in the bottom corner? Is that another error or is it ok? I'm hoping if I can point out things they have done wrong it will make the claimant more likely to accept.

[dan_1207]

Re: Court claim - rent arrears

Yes, whatever they're claiming should be included in the box, except any further relief (e.g. future costs). Whilst it is an error, I would imagine it would be allowed in the event of a hearing so should be considered for your Order.

[n20998]

Re: Court claim - rent arrears

Is it worth pointing out that it's an error when explaining the problem with the interest?

[dan_1207]

Re: Court claim - rent arrears

Do one or the other - make the offer at 3.5%, or state that because it's not been included in the overall value of the claim then you do not consider they have a claim to interest at all. As stated, I don't consider it fatal to their claim, but try your luck!

[n20998]

Re: Court claim - rent arrears

Also does it matter that for the period they are claiming interest the 6 month period of the AST had expired (I think that means it becomes periodic if I wasn't given another tenancy agreement?)? I just noticed that they are claiming interest from the day after the 6 month period ended (I had arrears before this).

Here's the wording from the agreement:

If you owe rent or any other money legally payable to us under the agreement, you will have to pay interest on this amount from the date that it should have been paid. The interest rate is 3% above the base rate used by the Royal Bank of Scotland. This rate may apply before, as well as after, a court judgement has been made against you, depending on the terms of the court judgement.

So confused

[n20998]

Re: Court claim - rent arrears

Would it be ok if I PM my letter to someone? I'm still not sure I'm doing the right thing on the interest.

[dan_1207]

Re: Court claim - rent arrears

When a fixed term AST expires, it automatically switches to a Statutory Periodic Tenancy. The exact terms apply from your previous fixed term, save for the notice period.

The interest clause look standard, and confirms what I suspected - they're claiming the wrong rate!

Feel free to PM me if you like, I'll help you with the wording. Can you send me the claim form and particulars for me to look at? Be sure to remove your personal details .