No signed lease, no rent! can i evict!

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   Hi,

Yes you can claim for the unpaid rent and also for the court cost but i doubt you would be able to claim for Petrol and the interest you would have to work out.  The court can give you the information for that.

When i claim for unpaid rent i do a CCJ as it will stay on their credit history and when the next landlord/landlady comes to do a credit check it will come up on their history.

I would take it to your nearest court, but if its not near the property that you are letting the court may change it to your tenants nearest court.

I would make sure that the deposit is protected before you send anything to the court, I use DPS as its free to use as the others you have to pay for.

I would also remember that the tenant might not always leave the property once you have got a court order, you might have to go back to court and get the baliffs to come and remove her.  I had to do that once but my tenants left the day before the baliffs turned up.

I hope that helps

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Amberleisure Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 07 July 2008 Online Status: Offline Posts: 15	Quote Reply Posted: 10 June 2010 at 12:52pm
	Hi, Yes you can claim for the unpaid rent and also for the court cost but i doubt you would be able to claim for Petrol and the interest you would have to work out. The court can give you the information for that. When i claim for unpaid rent i do a CCJ as it will stay on their credit history and when the next landlord/landlady comes to do a credit check it will come up on their history. I would take it to your nearest court, but if its not near the property that you are letting the court may change it to your tenants nearest court. I would make sure that the deposit is protected before you send anything to the court, I use DPS as its free to use as the others you have to pay for. I would also remember that the tenant might not always leave the property once you have got a court order, you might have to go back to court and get the baliffs to come and remove her. I had to do that once but my tenants left the day before the baliffs turned up. I hope that helps

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 10 June 2010 at 7:40pm
	great thanks for that, i was thinking of putting in a money claim online for the recovery of the money but ill just phone the court tomorrow and find out if they automatically award the unpaid rent to me or if i have to claim separately. i presume its a seperate claim? sending everything off tomorrow, just want this over with now! id gladly forego all the money if she just left!

Amberleisure Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 07 July 2008 Online Status: Offline Posts: 15	Quote Reply Posted: 11 June 2010 at 8:21am
	The money Claim online is really good and if the tenant agrees that they owe the money sometimes they will only say that they will give you £50 quid a month but you can refuse this i have done this and now my old tenant has to come once a month to pay the rent arrears and she will have to do this for a year and a half which is a pain but at least they are paying it back. Do you have your tenants NI number, date of birth ect because if they do a runner then you can get them traced.

julles Members Profile Send Private Message Find Members Posts Add to Buddy List Executive Member Joined: 02 August 2007 Location: United Kingdom Online Status: Offline Posts: 317	Quote Reply Posted: 11 June 2010 at 1:20pm
	Money claim on line do not forward you all the rent ,money claim on line are the court services,not a collection agency. wow ,,,if only it was that easy . You do the claim on line , takes about 20mins, costs £100 which you add to the claim (£150 if you go to the court to file the claim ) they send the claim to ex tenant (so as you indicate you have their contact details that's easy too ) ex tenant responds , or refuses to make payment , or makes offer of payment , or best of all pays as they don't want a CCJ, You then either accept or escalate claim for judgement.You can also apply for attachment of earnings .
	Julles

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 28 June 2010 at 12:27am
	Thanks very much for the help. I am awaiting for the court hearing date to come back in order to get possession. She had promised me she was moving out but still is sitting tight! As part of the S8 eviction notice will the judge order possession and also order the rent arrears to be paid?? I'm just wondering if I need to do the whole MCOL at the same time? I have some info on her and I think I have her NI number so hopefully she cant run forever! One more question, I dont think she has a job so is probably claiming housing benefit, is it worthwhile writing to the council? Perhaps they would pay the rent straight to me?? Sorry! Loads of questions but this is starting to get quite unbelievable!!!

Grampa Members Profile Send Private Message Find Members Posts Add to Buddy List The 1,000 Posts Club Joined: 28 August 2008 Location: England Online Status: Offline Posts: 1348	Quote Reply Posted: 28 June 2010 at 8:17am
	Going down the s8 eviction process will get you a CCJ award from the judge for rent arrears. So there is no need to use MCOL unless you are going to claim a load of damages etc as well as rent but if you are you may as well collect the rent arrears first if you can because you dont want to pay out for a MCOL as well if you cant collect due to the tenant not having any money.
	The advice I give should not be construed as a definitive answer, and is without liability.

Amberleisure Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 07 July 2008 Online Status: Offline Posts: 15	Quote Reply Posted: 28 June 2010 at 8:23am
	I would speak to the council and find out if they pay housing benefit to the tenant and then explain who you are and that she is in more than 8 weeks of arrears they should then be able to send some paperwork to you for you to fill out and they will also send one to the tenant and they have to fill it out as well. If I was you i would put in some evidence that she is behind on her rent as she could say that she isnt, some tenants are like this. It SHOULD be really easy but it all depends on your council my council are really good and they are really helpful i would also explain to them that you have sent the tenant court action. This should also make everything a little bit quicker as the councils dont like to have to house another tenant. Wait until the court date and also the hearing before doing MCOL and see what they have to say and if then the tenant doesnt pay i would either find a company that would trace her to her new address and then do the MCOL. I use my companys solicitor to do the trace as they do everything for me for £50 quid. I hope your tenant does pay up as its more hassle and more money for you to pay out. Good Luck

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 06 July 2010 at 12:11am
	Ok, I've got a court hearing date through so excited!! Is there anything in particular to watch out for? I'm presuming the judge should be sympathetic to my pain but fearful that she'll pitch up with some solicitor or something!! I think I have done everything correctly! I didn't send the court the proof of deposit as Dps say they don't issue certificates but I can ofcourse provevthe deposit is now protected!! What happens if she moves out beforehand? Do I still go to court to hopefully get an award for the arrears?? Anyone want to come and support me!!?? Lol

glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 06 July 2010 at 12:15am
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glasmale26 Members Profile Send Private Message Find Members Posts Add to Buddy List Member Joined: 21 April 2010 Online Status: Offline Posts: 17	Quote Reply Posted: 20 July 2010 at 9:18am
	Hi, Im getting almost excited at the prospect of getting an eviction notice for this tenant! She is causing absolute mayhem with parties every night and the local neighbours are in uproar at her antics! I so hope I have done everything correctly. Can I ask one more question. If I win and the judge awards me possesion what happens next? How do I go about getting a bailiff and how long does that take? Im presuming that me and my mate with a hammer doesnt constitute a court bailiff? But in all honesty I'm starting to feel a desire to inflict severe pain on this tenant!! lol I also want to make her life difficult over the next few days, I have reported her squalid living to the council but presume they wont do much! Can I report her for anti social behaviour regarding the parties? Again, with it being a non council house, will they be interested? Thanks for the help and wish us luck on the 9th August!!

No signed lease, no rent! can i evict!

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