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issued former tennant court papers for rent arrears/costs - What Next


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Hi All,

 

We have issued the former tennant court papers for the rent arrears and costs incurred regardingt he house which they rented, the costs wihtin the claima re rent arrears, re-decoration costs and carpets etc which have all been damaged.

 

We issued court papers to our local country court and they have returned papers called notice confirming the defendant was issued by 1ft class mail on 21st Sept 09 and deemed served on 23rd Sept 09 and they have untail 7th oct 09 to reply to the court ie accept or defend.

 

What happens if the defendant refuses to repay and once the date of 7th Oct has gone can we get the court to issue CCJ order and whats the next form of action we take to get our money back.

 

 

 

cheers

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Guest Old_andrew2018

You will need to wait for your former tenants defence, couple of questions was an inventory completed before and after tenancy, what has happened to their deposit, and was it protected.

 

Andy

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  • 2 weeks later...

Hi,

 

Well the courts are going mad, we filed a claim and the date of the 7th Oct 09 was comfirmed 4pm, we have asked to file a judgement by default but have been informed that the courts work load is 2 weeks behind therefore the judgement can not be issued until they have completed the back log of paperork, but in the mean time if the defendant sends in their paperwork even if its late they will accept that but not our default claim

 

Now fed up with the courts

 

cheers:mad::mad::mad::mad::mad::mad:

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I was under the impression that the courts adhered to deadlines:confused:

 

Surely they can't change the rules when ever it suits

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I called the court today and calling into Chester Court on Thursday but have already been told that they are behind thus unable to complete the Judgement by Default. But if the defendant enters their paperwork late its accepted. They also told me that theirs nothing we can do regarding the matter.

 

Court moving the goal posts nd we feel that the court can do what tbhey want, if its past the filing date the court should fuse the defendant we know it sounds hard but we have to file on time

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Well called into my local court and completed the paperwork for the Judgement by default, but have been told that it can not be issued for 2 weeks asn they are behind with inputting but hopefully the paperwork will be stamped soon, i will be phoning next week to try to get it issued asap

 

cheers

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Hi it seems madness to me also, my local court is also behind with the paperwork. My AQ had to be filed by 27th July, Claimants did not file theirs until end of August but court said "we are flexible to both sides" - what's the point of a filing date if the courts can't stick to it.

 

HH

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Well we have seen it sall now, we have had confirmation that the defendant has filed the achknowledgement which means they have 28 days to file defence. Not sure what defence as the rented our house not paid rent and caused damage to the property we have detailed photos before the house was rented adn detailed photos after the lady left also she had not paid rent for months as well.

 

Timescale

 

filed on 16th Sept and deemed serviced on 23rd Sept with a date of 7th Oct for the defendant to acknowlegde, call into court on 8th Oct and the clerk confirmed that no acknowledgment had been filed, but today a letter 9th Oct stating the acknowledgment was filed on 1st Oct 09, but how can the court confirm we can have the default judgement on 8th as no records and now the acknowledgement has turn up.

 

Also is the 28 days from the date the claim was first date ie 16th Sept and if the defendant does not file defend what happens next but if the defend file what do we do next ??????

 

cheers

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  • 1 month later...

Hi All,

 

we rented out our house to a couple for 6 months, which ended up 9 months and the lady did not pay and left, we took the lady to court for the rent arrears and cost to replace the carpets etc etc and the case has not been heard as yet, As we were unable to pay the mortgage on the house the lender has now taken it and charged the locks.

 

But should we still claim off the old tennant or just forget it and stop the court case, the lady in question was n arrears and costs to the sum of £2.5k

 

as we no longer have the house can the court refuse to here the case

 

not sure now what to do push for the funds which is outstanding or forget it

 

any feedback would be helpful

 

:mad::mad::mad::mad::mad:

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Yes you definitely have a case. At the time the tenant departed the house was yours.

The case should not be of any concern to the mortgage lender.

 

What are your prospects of getting anything back from the ex-tenant?

I really do appreciate all those 'thank you' emails - I'm glad I've been able to help. Apologies if I haven't acknowledged all of them.

You can also ding my gong if you prefer. :)

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What are your prospects of getting anything back from the ex-tenant?

 

 

This is the question and the first one a solicitor would ask. There is little point litigating against someone if a) their address is transient b)they have no stable income.

 

However right your claim is you need to asses the likelihood of coming out ahead in the end.

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