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Ben1867
05-02-2008, 19:28 PM
I'm using the possession claim online to recover a property after having served a s8 notice, which has now expired.

I think I've filled everything in correctly as regards the particulars of the claim, but the guidance on the website confuses. A couple of things you might know if you've done it before:

- After I submit the claim and pay the fee, do I need to serve the defendant a full up to date arrears history within 7 days, or does the court do that bit?

- Do I need to contact the tenant at all or "serve" him with anything else?

- The arrears outstanding now are greater than when the original notice was served in January, as he hasn't paid February's rent either. Will the court look at my claim for rent arrears based on the amount outstanding when I served the notice, or whatever the up to date amount is when we get to the hearing?

Thanks a lot for your advice. I feel better already now I've started the process off.

stuco
06-02-2008, 14:13 PM
Hi, we went down the same route so I'll have a go at your questions...


After I submit the claim and pay the fee, do I need to serve the defendant a full up to date arrears history within 7 days, or does the court do that bit?
As far as I am aware, the court does not serve an arrears notice. To cover yourself it is worth doing this. We hand delivered through the letter box but I think post is also classed as good enough.


Do I need to contact the tenant at all or "serve" him with anything else?
Again I am not sure what the legal view is but try and cover all bases. We wrote a letter to the T informing him that we had started court proceedings and attached a copy of the final PCOL submission. Also included a rent arrears table. The court issues the legal papers that he needs to reply to and he can reply online. You will receive an email if he does.


The arrears outstanding now are greater than when the original notice was served in January, as he hasn't paid February's rent either. Will the court look at my claim for rent arrears based on the amount outstanding when I served the notice, or whatever the up to date amount is when we get to the hearing?

There should have been a place on the PCOL form to give the daily rent rate and amount of months overdue. I can't remember exactly but I know once the court date had been given the system seemed to automatically calculate how much was in arrears up until the court date.

There should also be a place to list the arrears by text and a place where you can put that you also want to claim any rent arrears (per day rate) arising from the court date until the T moves out. Make sure the judge makes this part of the order as well.

Try viewing my thread, 'section 8, court, what next...' It was about Nov/Dec I think. Also don't get too stressed about the court appearance. Our T did not show (went against us as it happens as the judge gave a 28 day order instead of the usual 14 day one) and we were in and out in about 5 minutes. Don't assume the judge has read what you have filed, actually state at the hearing what you are claiming for (and check the PO when it arrives - we are onto the 3rd one and they still haven't got it right!) Our judge only seemed interested in making sure that we had left the legal 14 days between issuing the s.8 and starting proceedings.

and keep smiling;)

Feel free to email if you have further queries and I don't reply online within a couple of days as I don't always check the site.

Ben1867
06-02-2008, 16:56 PM
Thanks for that - I'll write to him now telling him that we have started court proceedings to recover the arrears.

Hopefully that will make him pay up, but I doubt it somehow. We did leave over two weeks between the notice and the issue of the claim - thought I'd better allow an extra couple of days to make sure.

Here's hoping!

THe website reckons the hearing will be 10 March, which oddly is just 2 days after the s21 I also served earlier in January will expire. Let's hope I can get him out one way or the other. I really am convinced it's a case of "won't pay" rather than genuinely can't so I have no sympathy any more. Whole thing has dented my faith in human nature, but there you go - live and learn I guess.

PS the guidance on the website is crap, and the helpdesk very unhelpful. To calculate daily rent owed, I worked out how much would be due for a year (i.e. 12 months) and divided by 365. Can't see that would be too far wrong, but who knows with this crazy system?

stuco
06-02-2008, 17:44 PM
I really am convinced it's a case of "won't pay" rather than genuinely can't so I have no sympathy any more. Whole thing has dented my faith in human nature, but there you go - live and learn I guess.

We were the same but at least with a court date, there's an end in sight, even if it is a few weeks after that date.


To calculate daily rent owed, I worked out how much would be due for a year (i.e. 12 months) and divided by 365.

We did the same and that seemed to be fine.