Here is a blog clinic question from Debbie who is a landlord:
We have tenants who are now nine months in rent arrears. A section 21 notice has been served and is due to expire on 13 June.
We would like to claim for rent arrears through the small claims court. Is there any reason why we cannot begin this claim now?
There are two schools of thought on dealing with rent arrears in this situation.
1. The first is that you should issue proceedings against the tenants now while you know where they are, before they go off into the sunset without leaving a forwarding address.
The problem is that you can only claim for rent which has fallen due, so if you want to claim for the rent which will fall due next month, you will have to issue a second set of proceedings
2. The second is that you should wait until they have vacated as then you will then be able to claim for everything after deducting the deposit.
The problem about this approach is that they will probably have gone off into the sunset leaving no forwarding address!
You pays your money and you takes your choice!
If they are in arrears of nine months you might as well start now though. But remember most landlords in this position never get paid. Sad but true.
