How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

We have a tenant that has over £2000.00 of arrears and is due

Resolved Question:

We have a tenant that has over £2000.00 of arrears and is due to move out, we have £1200.00 deposit which can be set against the arrears though the tenant has said the following:-
"on legal advice I am required to offer you a weekly payment to bring this up to date. I am told that the lowest offer I can make based on my income and expenditure is £3.65pw or £15.82pm and that is what I will do. It s up to you if you want it weekly or monthly."
Surely this is not correct ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know have you sought a possession order?
Customer:

just a section 21 as the arrears were not at this level at the time of service

Customer:

are you still working on this one ?

Alex Watts :

Sorry I have been in Court.

Alex Watts :

What you have done is serve a section 21. You can also serve a section 8 which is a breach.

Alex Watts :

If the tenant is more than 8 weeks or 2 months in arrears then by law you can apply for possession.

Alex Watts :

You do not have to accept £3.65 per week. You can apply for possession

Alex Watts :

Because this is in arrears you can either do this by completing form N5b

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n005b-eng.pdf

Alex Watts :

This is the accelerated route or you can issue proceedings online at:

Alex Watts :

https://www.possessionclaim.gov.uk/pcol/

Alex Watts :

But you can apply for possession.

Alex Watts :

You do NOT have to accept payment by installments

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

thank you

Alex Watts :

So no, he is not correct.

Alex Watts :

Does this help?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

This particular tenant that is due to be moving out tomorrow is now requesting compensation for slow repairs, failure to protect the deposit and damage to her belonging that were not covered by the insurance we forced her to take out.


 


She is threatening court action unless she is paid £5k, this is something we will obviously fight though what is the best way forward. There arrears are currently over two months. Would it be a case of ascertaining whether they are moving out or not then proceeding with action for the arrears ?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions