GETTING YOUR MONEY
Finally a landllord manages to get the tenant out, but low and behold they owe the landlord lots of money. How does the landlord get it back? If the landlord has already tried writing or talking to them but to no avail; don’t waste time by trying again.
The next step for a landlord is to take the tenants to court. This is actually a relatively straightforward process for a landlord. It involves the landlord filling out a form obtainable from the County Court (copy appended). In this the landlord will need to specify:
For a landlord to commence proceedings they have to pay a court fee, the amount of which relates to the amount claimed. This fee is added to the claim from the landlord. Once submitted the Court will send this form to the defendant / tenant who will either; pay up, defend, counter claim or do nothing. In many cases the simple threat of court action by a landlord is enough to make the defendant pay up; if for no other reason than if the judgment goes against them it will go on their credit file.
Credit files are utilised by all sorts of institutions. They are used when considering loan applications including mortgage applications and credit reference checks as we have already seen. The existence of a County Court Judgment (CCJ) on a persons credit file makes it very difficult for an individual to obtain a whole range of credit and services. For this reason most people seek to avoid them. If a landlord is taking somebody to court, it might be worth the landlord mentioning this to them, but a landlord needs to be careful what they say as the tenant could turn the situation around and claim blackmail and tenant harrassment.
Landlords should not get drawn into postponing an action, any correspondence is likely just to be another delaying tactic whilst the debtor / tenant plans their ‘disappearance’. It’s now possible to make a claim online through the www.moneyclaim.gov.uk website which is part of Her Majesty’s Court Service. The cost of an application is £80 and you can claim up to £100,000.
The other criteria a landlord must satisfy in order to claim through the County Court are:
Once the landlord has paid the court fee they will be issued with a user id and password and this then allows the landlord to carry out their claim. Following completion of the claim the tenant will be given notice of it through the post.
If the decision goes against the ‘defendant’ they will normally be ordered to pay it to the landlord immediately or by instalments. The amount is determined by the Courts.
The advantage for landlords of using the on-line service is that there is no need for the landlord / claimant to make an appearance in person.
FORMS FOR LETTING PROPERTY
FINANCE AND TAX ON RENTAL PROPERTY
RENTAL PROPERTY REGULATIONS
INVESTING IN BTL PROPERTY
WHAT TO BUY
BUYING OFF PLAN
KNOWING THE RISKS
MANAGING YOUR RENTAL PROPERTY
NON - PAYMENT OF RENT
GETTING YOUR MONEY BACK
THE TENANT WONT MOVE OUT
THE TENANT DOES A BUNK
RAISING THE RENT
REDUCING THE RENT
REPAYING THE TENANCY DEPOSIT
DAMP, MOULD AND CONDENSATION
LETTING RENTAL PROPERTY
LEGISLATION ON LETTING PROPERTY
ALTERNATIVE DISPUTE RESOLUTION
HOUSING ACT APPEAL DISPUTES
THE LANDS TRIBUNAL
RIGHTS OF LIGHT APPLICATION
APPEALS FROM LEASEHOLD VALUATION TRIBUNALS (LVT's)
POSSESSION - SECTION 8 NOTICE
POSSESSION - SECTION 21 NOTICE
SECTION 21 TIMETABLE AND PROCESS
GROUNDS FOR POSSESSION
HARASSMENT BY LANDLORDS
RENT DISPUTES BETWEEN LANDLORD & TENANT
FAIR RENT (RAC)
MARKET RENT UNDER AST
LEASEHOLD VALUATION TRIBUNALS
MODIFICATION OF RESTRICTIVE COVENANTS