How to claim missing rent

Landlord Discussion
1

Submitted Section 21 in May, requested court procession in early July. Now everything is in court’s mercy hand, dont expect to hear anything soon, waiting game is on.

Just wanted to ask advice on how to claim remaining rent after court processing finished. The remaining rent will be over 7k, given the lengthy court processing. Is CCJ the only way? Do i need to know T’s new address to file a CCJ? Otherwise, how can CCJ be posted to T? What type of info is required to file a CCJ or claim remaining rent? Many thanks!

2

@Alicia5

Get legal advice from specialists

If they are still in uk a tracing service can find them often

https://help.openrent.co.uk/hc/en-gb/articles/7374800724241-Bringing-a-claim-for-rent-arrears-or-damage-to-the-property-after-the-tenancy-has-ended-using-Money-Claims-Online-Overview

Good luck

1 Like
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The last day to serve a valid s21 notice was April 30th. Do you mean you served it in May or that you submitted the possession order claim in May?

2 Likes
4

Hello David122, the last day to serve a valid S21 notice was May 31st. I served the notice in middle of May, filled and posted forms of S21 in early June, paid court fee on June 10th. Haven’t heard anything yet from court

5

@Hai

No the last day to serve a valid s21 was 30th April

See eg
" How section 21 evictions will end

A landlord cannot serve a section 21 notice on an assured tenant. Most private tenancies in the private rented sector will become assured tenancies automatically on 1 May 2026, so the last date a landlord can serve a section 21 notice for these tenancies is 30 April 2026."

Or

“Section 21 was abolished on 1 May 2026 when the tenancy reforms in the Renters’ Rights Act came into force. No new Section 21 notices can be served.”

Section 21 notices served before 1 May 2026 • The Independent Landlord

Or

“The last day a landlord could legally serve a Section 21 was 30 April 2026, and anything dated after that carries no legal weight.”

Your s21 served in May is invalid so you can’t use it to apply for possession. That’s probably why you’ve heard nothing back - there will have been a backlog of valid s21s served on 30 april and the courts dont care about your invalid notice as there is nothing for them to do. You have wasted time and £ on an invalid s21 and therefore an invalid application for possession

If you were given advice that you had till end May to serve the s21, you were very badly advised.

You now need to use s8 grounds under RRA.

Good luck

6

Oooops, an typo. I served S21 Notice in middle of March, posted S21 form in end of May, paid court fee early June. Very Sorry to the confusion here :frowning:

7

@Hai

So you mean you

Served the s21 form to tenant in mid March
Posted a copy of s21 form as part of application for possession on or before 31 may, without paying the correct court fee
Paid the court fee early june
?

Correct?

I think there is likely to be an extra backlog of s21s at the courts due to the 30 april deadline so not that surprising if you havent heard anything. Back in march it was reported as 4 to 12 weeks or longer, and will have got worse

" The court will list a possession hearing. Current county court waiting times vary by location but typically range from four to twelve weeks from the date the claim is issued: longer in some areas experiencing court backlogs. This is where most of the delay occurs."

Good luck

8

You claim unpaid rent and any damage using MCOL once the tenant has left and possession has been returned to you and you know the final total. Don’t expect to get anything except a ccj unless they’ve got a salaried job.

9

if the tenant own you rent areas equivalent more than two months rent you may use Section8 to court to claim your rent. but I don’t know if this will affect the process of Section 21 processing