MCOL requesting judgement

#1
We would like to ask your advice on completing the MCOL request for judgment. We followed your advice and issued a claim for outstanding rent before the tenant left the property. Well over 14 days have passed and there has been no response so we want to have judgement entered against the tenant. The tenant has left without giving a new address - and has stopped responding to emails. Should we leave the tenants address as the last known address ( ie the one he was evicted from) even though we know he is not there? Or should we use the address given on the Deposit Protection Scheme Form which is his parents address? We recently wrote to him at that address and got an email from him demanding to know why we had written to his parents (which we hadn't but at least we know he got the letter). I also know his work address.
Also any advice on whether we should tick the box requesting immediate repayment, payment by a future date or instalments? We are tempted to ask for immediate repayment but would appreciate any advice on the pros and cons of each option. We don't really know what will happen next and again would appreciate any advice.
Thank you very much
 

Jeffrey Shaw

Member
Staff member
#2
You say that T has left the property.
What about T's tenancy? Is it:
a. a fixed term, not yet expired; or
b. a Statutory Periodic Tenancy that began after fixed-term expiry?
 

Jeffrey Shaw

Member
Staff member
#4
Yes, but that's not quite what I asked.
T has left- good!- but on what date (each month) does the SPT begin? It might still be running, you see.
 
#5
sorry I'll try again. It was a SPT that began on 1/12/12 for 12months. Tenant refused to sign new agreement before 1/12/13 . Got possession order telling T to leave by October. T didn't hence paid even more for bailiff eviction which is what I referred to when T left before bailiff eviction. Can SPT still be running after enforcement of possession order? Also used MCOL to claim outstanding rent as advised on this forum. No response from T and more than 14 days passed. Hope this helps. Thank you
 

Jeffrey Shaw

Member
Staff member
#6
Still no. An SPT does not, by definition, have a fixed term!

Maybe you let to T on an AST for twelve months beginning on 1 December 2012?
If so, the term expired at the end of 30 November 2013. Unless there was a renewal, an SPT arose on 1 December 2013**. Assuming rent payable monthly on the 1st of each month, a new SPT period begins monthly. The SPT sequence continues until T vacates. The SPT then running continues until the calendar month ends. As T no longer occupies, the rent liability ends then and no further SPTs happen.

** Did you re-protect T's deposit at that point?
 
#7
My question is really about asking for judgment to be entered on a money claim for rent due but not paid i.e. up to and including 1st November. I am confused by Part 6 Civil Procedure Rules. The claim was issued and served on tenant before he moved out as advised on this forum. Now that the 14 days has passed with no response I don't know where the tenant is and I want to have judgement entered. I know his parents address and his work address and have an email address so should I apply to court for service at one or more of these addresses and if so how do I do it?
 
#9
Hi

You can request that Judgment be entered at the old address - the papers were served on him when he lived there, so you just need to fill out the form requesting judgment. I would advice that you ask for immediate payment. Once you have received judgment you can sent him a copy to his parents address.

The difficulty with where he is comes in when you want to enforce the judgment - you will then need a new address - you can use his work address but you will need permission of the court to do this, which would mean an application to them. Alternatively if you find out his new residential address you can then use that. The alternative is to use his parents address but you need to show to the court that he is receiving and responding to post at that address.

I hope this helps
 
#10
Dear Rebecca,

This is enormously helpful thank you. I will request judgement against the old address and then look into an application to the court to use the work address.
Thank you again and happy Christmas.