Accelerated possession and rent arrears
Rent Arrears

1 Thanks
4 Posts
9 years ago
Dear RLA/forum

We are evicting our tenants using the accelerated possessions pathway section 21. They have just been sent a copy of the forms from the court and we are waiting to see if they are going to try and appeal/defend it.

We now have a bigger problem, they have not paid rent of £1250 and do not respond to my phone calls or text messages. They are council tenants. There is a Gaurantor on the ASTA.

They have a previous rent arrear for £88 which they deducted from rent without my permission to change the locks on my property. I had previously written to both tenant and Gaurantor but got no reply re the £88.

Can anybody advise what my options are?
Should I concurrently put a small claims application in? Am I allowed to do this alongside the accelerated possession whilst it's outcome is still pending?
The advantage for me now would be at least for the time being I know where the tenant lives, post eviction I am unlikely to.
The disadvantage would be the tenant may accrue further rental arrears and in addition there may be damages in the house which I need to claim for but which I will not know until I get my property back, do I therefore wait until the eviction is complete and try and claim the whole amount in one go?

Also what is the process for trying to claim from either the tenant or Gaurantor, do I need to put in two small claims applications one for each? Or can I use one small claims application and list both tenant and Gaurantor as liable?

I know nothing about the Gaurantor as the process was all done by the estate agents, is there any way I can find more information on the Gaurantor for example if the address provided is accurate or if he is a home owner?

Sorry for the multiple questions and I am grateful for any responses

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