Daniel63
0 Thanks
13 Posts
Hi,
I would like to ask for some advice of my current tenant situation.
My tenant feel into rental arrears, and I decided to issue an MCOL claim against her whilst she was living in the property. She waited until the last day of the claim, to state that she was going to defend part of the claim.
I then seeked some advice who told me that it is best to withdraw the MCOL claim and issue section 8 and 21 notices to focus on regaining possession of the property, which is what I did.
I waited for my S8 notice to expire (14 days) and issued court proceedings on this as the tenant didn't vacate the property or pay any rent. Unfortunately, the court listed date was 5 months away, so I then proceeded with the S21 accelerated court proceedings.
As the tenant didn't file a defence, I have since been issued a possession order for the tenant to vacate the property next week.
As I highly doubt the tenant will leave, I most likely will proceed with bailiff action.
The question I have is, would it be advised to reinstate the MCOL claim, as the possession claim does not include any rent arrears? Obviously, the amount I am claiming for has increased since I made the initial application but at least whilst the tenant is living in the property, I have the address where the claim will be sent too and at worst I should at least get the CCJ against the tenant rather than having to wait to trace where the tenant ends up moving too, which I imagine could be timely and costly. I also will save on fees (apart from the £108 reinstatement fee) to issue a fresh MCOL against the tenant.
And potentially, by reinstating this claim, could it have any effect on the tenant having to leave the property through court/ bailiff action?
I would appreciate any advice from above. Many thanks
