Recovering Rent Arrears

[rks]

Hello , I would like to pursue my ex tenant for rent arrears of £452 . My ex tenant has signed my letter agreeing to the amount owed , but never gave me a forwarding address .
I have been in contact with the person at their works address where i had given them the letter and both copies signed .
They did offer to pay in installments which I agreed to but , they did not honor this offer of payment .
Its been 2 weeks now and no payments or correspondence been received other than acknowledging the fact that I will seek to pursue this in court .
I called the small claims court and they have told me to fill in N244 court form which allows the papers to be served at their works address and i can ask for an attachment of earnings . Court fees were stated as £170 as it goes above the £500 mark , including the recovery of court fees .
I have emails to prove correspondence between ourselves proving what the person owes ect and thier offer of payment .
I guess all texts ect are not admisable in court ?
thanks for any further suggestions please .

[des8]

Re: Recovering Rent Arrears

To serve at an address not the defendant's residence CPR Part 6(15) applies.
More fully explained here: https://www.moneyclaimsuk.co.uk/cred...k-address.aspx

Text messages are admissable as evidence; but of course they can be challenged as can any evidence.

[rks]

Re: Recovering Rent Arrears

oh okay but court never mentioned that is that additional to the N244 form and is this process only available to use manually not online ?
thanks

[des8]

Re: Recovering Rent Arrears

I think you need to submit claim form N1 plus N244 requesting an order to serve at a location other than his residence.
This will have to be manually and not online

Also have a look at CPR 6.9 and note the requirement that the claimant makes reasonable steps to ascertain the defendants current address.

[rks]

Re: Recovering Rent Arrears

Hello ,
yes i have made many attempts to contact the defendant and find out their new address but was given excuses as to say they dont
know yet or they dont know how long they will be there anyway so too evasive .So hence safest bet to serve at their work address .
Thanks

[Diana M]

Re: Recovering Rent Arrears

Did your ex tenant pay a deposit at the start of the tenancy, and if so can you not deduct the rent arrears from that or have you returned the deposit already (if there was one)?

Was the tenancy an Assured Shorthold Tenancy?

How did the tenancy end i.e. who gave notice to whom and why? Was this before or after any fixed term expired? If the tenant vacated the property before the fixed term expired they may owe you rent until the end of that period too.

How did these arrears accrue?

It's always best to be certain that you have legal grounds to recover rent arrears and rule out any potential Defence or Counterclaim your ex-tenant may think they have.

Di

[rks]

Re: Recovering Rent Arrears

Hi tenant gave very little notice a few days but i just wish to recover rent owing , she paid fortnightly and got into arrears by missing some payments ,all paid direct to my bank account , i never got round to her signing tenancy forms ,, i never taken any deposit . ( i trusted her , silly me )
She did sign a letter admitting what she owed me , also she emailed me her offer to pay the arrears by installments but she has never replied when she would pay this even after I accepted , I guess just to buy time .
S o in effect I have evidence that she paid me rent and have also proved she owes me by her offer and signing letter .
But she would not give me her forwarding address at all , hence I wish the court papers to be served at her work address as she still works there .
thanks

[rks]

Re: Recovering Rent Arrears

As i don't have tenancy agreement but have proof of whats been paid and a signed letter/ emails agreeing to what was outstanding by defendant can i still proceed with my court claim or am I waisting my court fee s please ?
thanks

[des8]

Re: Recovering Rent Arrears

As i don't have tenancy agreement but have proof of whats been paid and a signed letter/ emails agreeing to what was outstanding by defendant can i still proceed with my court claim or am I waisting my court fee s please ?
thanks

Although there was no written tenancy agreement, as soon as she went in and started paying a tenancy under Law of Property Act 1925 sec 54 (2) was created.
Go ahead to recover the money she owes.

.

[ploddertom]

Re: Recovering Rent Arrears

Remember one thing. If you go ahead and win there is still no guarantee you may get paid & enforcement carries a cost should you wish to go that route & those steps increase in price as from Monday coming.

[rks]

Re: Recovering Rent Arrears

okay , but I can ask for attachement of earnings I believe , as from April 2016 ?
thanks , sending off forms today .

[des8]

Re: Recovering Rent Arrears

You can, but if her earnings are below the protected earnings rate you will still have nothing.

[rks]

Re: Recovering Rent Arrears

oh and she did offer to make payments of £70 pw to which i agreed ( all in emails ) but she never came up with payments .thanks