Advice please, I am in court today…
Only small claims….
I had a negotiated settlement with an ex tenant. Payment should have happened in Feb and March, first week.
No payment until yesterday, and we are in court today.
I have a sneaking suspicion that this last moment payment is deliberate.
I still want court to find against them and payments continue as per agreement.
What have they “gained” by last minute payment? Would court still agree with late payment being an issue, and find in my favour?
*as a capitalist pig landlord, I shall repent and whip my self with SRAM chain a hundred times.Posted 3 years agowwaswasSubscriber
I have a sneaking suspicion that this last moment payment is deliberate
I think you;re right. There’ll be a bit of ‘I’ve hit hard times but, look, I’m doing my best to make payments when I can’.
I’m not a lawyer, though, so whether making any payment will cause an adjournment to see if they keep going or the courts will just rule in your favour I don;t know.
Was the agreement you reached a ‘drawn up by solicitors’ type one?Posted 3 years ago
Assuming this is england, and I am not a lawyer, but I have had several trips to small claims all over tenancys.Posted 3 years ago
They are still liable for your costs.
But you need to prove that:
1) You gave them notice that you would be going to court -ie 14 days to pay letter (or similar)
2) that they made the payment after this date.
3) That they did actually owe the money (which I think is proved by the fact that they paid it)
There are meant to be four payments in total, a negotiated settlement of half my losses and costs. This is one payment, we should have two by now and another tomorrow.Posted 3 years ago
I think there is to be a “look we are trying, but can we make it £1.50 per month for the next decade because we are broke” approach.cynic-alMember
I don’t see why the court won’t find that the money is due.
Tenant probably panicking and doing what they can to look good in court.
Press your case as firmly as possible, it is down to the judge on the day, and thus what he determines is reasonable as a repayment plan.Posted 3 years agolondonerinozMember
There can be situations where late partial payment of a debt can undermine your notices which are subject to minimum outstanding periods. Whether this applies under different jurisdictions or non statutory agreements could vary tremendously. We’ve probably all seen nightmare tenant programmes where they’re able to exhaust the legal process, but it sounds like they’re already out in your case which is no small mercy.Posted 3 years ago
So I won. They did not turn up, no evidence offered. Sheriff awarded full claim, costs, 10% for my time and interest of 6% since the first missed rent payment.Posted 3 years ago
(Notices served and they were booted out a year ago this week).
Now over to the Court and Men at Arms to arrest their wages and sort payments….esselgruntfuttockMember
Hope you have more luck than me Matt, court awarded me 3K in rent arrears & associated costs last September. Not received a penny & there’s not a lot I can do. Ex tenant owes money all over the place, is on various benefits, is a proper scratter & as I’ve recently found out, nicked £200 off his Dad who was saving up for a mobility scooter. This is the bloke who some people on here were kinda sympathising with a few months ago.Posted 3 years ago
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