If a tenant falls behind with their rent, you’ll be able to claim under the terms of your tenancy agreement for money owed to you using the small claims procedure of the County Court (also known as a ‘money judgement’).
It is exactly what it sounds like a court order which forces a debtor to repay any money they owe a creditor.
You can apply for a money judgement so long as you can prove that your tenant owes you money.
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If you know where they are and they are not on income-based benefit, you can ensure a solicitor’s letter formally demanding the outstanding rent is sent to tenant.
Yes, by issuing a Section 8 notice to quit. A section 8 notice is served on the tenant by a landlord wishing to regain possession of a property during the fixed term of an Assured Shorthold Tenancy (AST). The landlord cannot evict the tenant without first obtaining an order for possession from a court. Before applying to the court for such an order, the landlord must serve a Section 8 notice to quit on the tenant. The notice states that the landlord intends to seek possession of the property and states the ground or grounds on which possession is sought. The notice must be laid out in a prescribed format and must specify which grounds the landlord intends to use to gain possession and the landlord’s reasons for relying on those particular grounds. Any error made when issuing the section 8 notice is likely to delay the landlord gaining possession.
If you do not want to evict your tenant, an alternative may be to issue a claim for the arrears in the County Court. If your claim is successful, the Court will order that the tenant repays the arrears. A County Court Judgment will affect a tenant’s credit rating and could affect their ability to obtain a tenancy with a new landlord, so the tenant is likely to want to try to avoid this if possible. If your tenant still does not pay the amount that is ordered by the Court, there are a number of options open to you to enforce that judgment.
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