Discussion
I have just issued a claim against a tenant via MCOL for rental arrears.
I hope the tenant is about to move out as his tenancy comes to an end. I suspect he will not leave a forwarding address. I have raised the claim against his current address.
How long does it normally take for the courts to serve a claim?
Is there anything I can do to expedite the process? eg, print a copy of the claim and deliver it.
Thanks.
I hope the tenant is about to move out as his tenancy comes to an end. I suspect he will not leave a forwarding address. I have raised the claim against his current address.
How long does it normally take for the courts to serve a claim?
Is there anything I can do to expedite the process? eg, print a copy of the claim and deliver it.
Thanks.
mikeveal said:
I have just issued a claim against a tenant via MCOL for rental arrears.
I hope the tenant is about to move out as his tenancy comes to an end. I suspect he will not leave a forwarding address. I have raised the claim against his current address.
How long does it normally take for the courts to serve a claim?
Is there anything I can do to expedite the process? eg, print a copy of the claim and deliver it.
Thanks.
All of this info is on the MCOL website. Read it and you will get all the answers you need. I have done several in the past and all the info and timescales I needed was there. I can't remember off hand...I hope the tenant is about to move out as his tenancy comes to an end. I suspect he will not leave a forwarding address. I have raised the claim against his current address.
How long does it normally take for the courts to serve a claim?
Is there anything I can do to expedite the process? eg, print a copy of the claim and deliver it.
Thanks.
If I were to guess from memory it takes a few days to send the paperwork to all parties (inc. copies to you) and they (defendant) has 14 days to respond through the proper channels.
There is nothing you can do to speed things up. To make the process as fast as you can just reply or react to the bits you can as fast as possible.
I will add, do not lose your login details as it is a right faff to get new ones/get the case resolved ASAP.
I have had nothing but good and fair results using MCOL and I'm staggered more people do not use it/know about it.
Good luck OP. If you're in the right, I hope right is done by you...
The claim is usually issued quickly, and it's posted first class to the tenant. However, he's not deemed to have been served with (received) the Claim Form until 5 days after it's been posted.
He then has 14 days to lodge either an `Acknowledgment of Service' saying he intends to defend the claim or an admission that the debt is due with his proposals for payment.
If he does file an A/S he then has a further 14 days to lodge a Defence. If he then lodges a Defence the court will start the formal and dismal process of setting the conveyor belt trundling towards an eventual hearing in several months' time.
Unfortunately, a lot of professional debtors exploit the crappy small claims system by entering a nonsense defence as they know that this will buy them several months during which they can plan their exit strategy - i.e. disappear without paying.
If he just ignores the Claim Form you can, after the 14 day period has expired, enter a Default Judgment. This is a court order that he must pay you the money.
Ironically, this is often a bad sign, as it probably means he hasn't got any money (or at least isn't willing to pay you any) and can't even be bothered to defend the claim. You'll often find that people like this paper their walls with County Court Judgments.
Getting a default judgment is easy. Getting paid is often anything but. The court will do absolutely nothing of their own volition to turn your judgment into cash, and you will have to decide what method (if any) of enforcement is most likely to succeed and then lay out further court fees to see if it does work - all too often it doesn't.
Have you also taken steps to regain possession of the property? If not, maybe you should consider doing so, as a tenant who's already defaulted will probably do so again, and as it can take several months to get possession it means that he will be there living rent free and running up a larger and larger amount of rent arrears.
From a common sense point of view I sometimes advise clients that they would be better off just offering to write off the arrears - or even sometimes actually offering the tenant cash - in return for the tenant leaving quickly. I know this is all wrong in principle and goes seriously against the grain, but it can often save thousands of pounds in the long run.
Finally, no matter how frustrating you may find the court system (and believe me, you will) do not be tempted to take matters into your own hands and change the locks while he's down the pub spending your rent. Not only is illegal eviction a criminal offence but the tenant can also sue you for damages, which would typically cost you around £10k or so.
He then has 14 days to lodge either an `Acknowledgment of Service' saying he intends to defend the claim or an admission that the debt is due with his proposals for payment.
If he does file an A/S he then has a further 14 days to lodge a Defence. If he then lodges a Defence the court will start the formal and dismal process of setting the conveyor belt trundling towards an eventual hearing in several months' time.
Unfortunately, a lot of professional debtors exploit the crappy small claims system by entering a nonsense defence as they know that this will buy them several months during which they can plan their exit strategy - i.e. disappear without paying.
If he just ignores the Claim Form you can, after the 14 day period has expired, enter a Default Judgment. This is a court order that he must pay you the money.
Ironically, this is often a bad sign, as it probably means he hasn't got any money (or at least isn't willing to pay you any) and can't even be bothered to defend the claim. You'll often find that people like this paper their walls with County Court Judgments.
Getting a default judgment is easy. Getting paid is often anything but. The court will do absolutely nothing of their own volition to turn your judgment into cash, and you will have to decide what method (if any) of enforcement is most likely to succeed and then lay out further court fees to see if it does work - all too often it doesn't.
Have you also taken steps to regain possession of the property? If not, maybe you should consider doing so, as a tenant who's already defaulted will probably do so again, and as it can take several months to get possession it means that he will be there living rent free and running up a larger and larger amount of rent arrears.
From a common sense point of view I sometimes advise clients that they would be better off just offering to write off the arrears - or even sometimes actually offering the tenant cash - in return for the tenant leaving quickly. I know this is all wrong in principle and goes seriously against the grain, but it can often save thousands of pounds in the long run.
Finally, no matter how frustrating you may find the court system (and believe me, you will) do not be tempted to take matters into your own hands and change the locks while he's down the pub spending your rent. Not only is illegal eviction a criminal offence but the tenant can also sue you for damages, which would typically cost you around £10k or so.
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