Hello,
Is anyone able to throw some insight into these scenario
Can I take a tenant to court for legal fees bourne out of rent arrears that has now been settled before the case was due to go to court?
My tenant has failed to keep up with the electricity bills, can I take rent fees to cover the cost of the electricity bills and then ask the tenant to pay the difference in the rent arrears?
What chances have I got in recovering my property through the courts: my tenants owes the following: solicitors fees £1260, ( I have instructed a solicitor to take this matter to court) court fee £355 ( paid to the court) 2 x section 8 fees £360. Rent owed is £741.30.
Case is going to court at the end of the month, though the outstanding rent has been paid up.
Will I be justified in using tenant’s security deposit lodged with the mydeposit protected ( landlord holds on to this) to pay off legal fees or electricity fees as highlighted above?
Assuming that this is not a bills included tenancy, then the electricity bill is not your concern. When you gave the supplier the tenants details at the start of the tenancy and closed any interim account you held, you made it their sole responsibility and it should not affect you or your property.
The costs you can charge are usually limited to the court fees and a small fixed amount for legal representation. I dont know whether the judge has discretion to award you these if your possession case is insuccessful. You should ask your solicitor. You used the word “settled”, which implies a degree of acceptance on your part that the case is closed. If thats the case, you wouldnt get anything.
If youve used section 8 and the ground 8 conditions are now unmet, then you would be relying on discretionary grounds 10 and/or 11 assuming youve included them. I think its unlikely that you would get possession based on these alone if its the first court case against this tenant. Why didnt you use s21?
Thanks David, bills have always been kept separate from the rent.
Why doesnt the tenant pay the bills directly? This sounds like an extra problem for the landlord if the tenant doesnt pay.