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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Our landlord is attempting to take action against us

Resolved Question:

Our landlord is attempting to take action against us for rent arrears, however we only have six weeks left in the tenancy and the arrears amount to less than the deposit. What action can she take against us and how should we proceed?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know how many weeks you are in arrears by?Alex
Customer: replied 1 year ago.
we paid about 1/3 of the monthly rent due on March 16th. We gave notice to leave the property on May 16th.
Expert:  Ash replied 1 year ago.
So overall as of now how many weeks are you in arrears?
Customer: replied 1 year ago.
I'm not sure - the rental period is monthly. Rent was due two weeks ago and we paid 1/3 of the amount due.
Customer: replied 1 year ago.
We paid in full for all previous months.
Expert:  Ash replied 1 year ago.
Ok - then the Landlord can ONLY take action where you are 2 months or more in arrears.As you are not the Landlord can't do anything. In theory you could just wait and leave at the end of the term. Even then because you wont be 2 months in arrears the Landlord can't do anything.But if you tell the Landlord where you are going to could issue Court proceedings for any debt, less the deposit rent held.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
Thanks Alex!Can the landlord not claim against us for the unpaid rent as soon as it becomes due, without seeking possession? I ask only because she has hired a lawyer so must think she has something to gain by threatening action.
Expert:  Ash replied 1 year ago.
Only a Court Judgment, NOT an order for possession. He needs 2 months arrears for that.Does that clarify?Alex
Customer: replied 1 year ago.
Ok. So how does the court judgment process work? Sorry to keep asking but it seems like that what she may be going for.
Expert:  Ash replied 1 year ago.
They issue a Court claim, that is sent to you. Then you can admit or deny it.But they can NOT evict you.Does that clarify?Alex
Customer: replied 1 year ago.
Ok - how long does it take? Might we be out of the property by then?
Expert:  Ash replied 1 year ago.
Yes I am sure you will. Takes about a week to send the claim to you. You can deny it and then its set down for a hearing. Whole process takes about 4 months.Does that clarify?Alex
Customer: replied 1 year ago.
Ah ok. At which point it would surely just be quicker to collect from the deposit?
Expert:  Ash replied 1 year ago.
Yes, but its his right to issue Court proceedings. You can't stop that. But whether they will be effective especially if you leave is another matterDoes that clarify?|Alex
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Customer: replied 1 year ago.
It does. Is a judge likely to enforce if there's a deposit available to claim against?
Expert:  Ash replied 1 year ago.
Yes Judges do that.Does that help?Alex
Customer: replied 1 year ago.
Yes, thank you.
Expert:  Ash replied 1 year ago.
Great. If I could ask you to rate my answer before you go today please, otherwise the site doesnt credit me for the time spent with you. Thanks
Customer: replied 1 year ago.
Ok, thanks.
Expert:  Ash replied 1 year ago.
Thank you in advance. Have a great week.