View Full Version : possession and arrears

10-03-2009, 22:21 PM
I have a problem with a t who has not paid any rent for some time. They will be eight weeks in arrears by tomorrow.

They are unresponsive and rude. I do try to negotiate in the first instance when a t gets into arrears but on this occasion it has been impossible. The arrears are about £800

I intend to server both a section 21 notice and a section 8 notice this week. However I wondered whether it was possible and indeed a meritable option to serve a small claim solely for the rent arrears in the small claims track (county court) at the same time.

Does anybody know if you can increase quantum after the date of service as the rent arrears acrue? Thus getting the full rent arrears at the date of the hearing rather than the arrears as at the date of the claim (plus interest of course). Also is there a pre action protocol for a civil action that is binding on a private landlord.

Is this a sensible move to issue the seperate rent arrears claim or would I be seen as overly vexatious by the court?

Thanks for your help

11-03-2009, 11:06 AM
See here about claiming arrears without possession