When is best to claim for rent arrears
Rent Arrears

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15 Posts
10 years ago
Hi there,
I'm just wondering when the best time to claim for rent arrears would be. At the time of writing, the tenant has missed 2 months rent at £950 per month plus £400 outstanding from another month. He is on a rolling contract but until I came to evicting him, I didn't know about the changes in the section 21 law. I issued that on the 1st of December (when his 2nd month's rent was due and not paid) and I also issued the prescribed deposit terms the day before.
I am worried that when the section 21 notice runs out (January 31st) he will have amassed rent arrears beyond the £3,000 limit for taking him to the small claims court (Nov, Dec, Jan and Feb rent plus £400 outstanding = £4,200) and then having to fork out for legal advice for taking him further than small claims.
I was hoping to use the deposit of £950 for the unsightly changes he has made to the property and possibly some rent arrears.
Would it be better to sue for £3,000 in small claims and avoid the legal rigmarole? And if so, could I sue from January 1st as he will be 3 months in arrears then but still be entitled to 1 month at the property.
Thanks in advance for any help or advice,

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