Can I still pursue the rent arrears via MCOL

Landlord Discussion Legal
1

Hi All,

I have an consent order which was agreed between myself and my tenants legal rep. As you will see on the order attached, included in the recital is the fact that I agreed to not pursue the rent arrears etc etc. I agreed to this on the basis they leave on 15/09

The tenant has made it clear they will not be vacating the property on 15/09 and awaiting bailiffs (they think this way they will be rehomed as a priority by the council).
I expected this so not a surprise and all ready to apply for the warrant of possession.

My question is if they do not leave on 15/09 as per ordered by the court, can i then still make a claim for the rent arrears via MCOL even though i stated i would not. Surely if the tenant does not leave as per the order then I don’t have to stand by what i said?
I have researched that anything included in the recital is not enforceable by the court anyways but not sure if that is true.

Order
Order1284×2778 107 KB

Many thanks

2

I think you would need an answer from a housing solicitor on this question.

3

I know, I was hoping there may be some solicitors on here who may be able to advise. Thanks

4

I would have thought (not a solicitor) that if either party does not hold their end of the agreement then the agreement is void and you are free to seek compensation as well as rent arrears - via MCOL if you choose?