Thanks for your reply.I don't quite understand your comment "and you have effectively agreed a settlement". As far as I'm concerned I haven't agreed any settlement with him at all, which is why I issued the court papers. Perhaps you could clarify what you mean here as, at the moment, I am just waiting to attend the court hearing for possession and money claim.
I understand your point about agreeing a consent order, although I am not sure whether we are likely to be able to agree all the costs and fees I am claiming.
However, if I did go down the consent order route, is it just a matter of me drawing something up and then getting that signed by myself and him (would it need to be witnessed). As this was an online claim originally, can I still then submit that in writing to the court before the hearing and cancel the hearing. If I can and he then defaults, how would I then go back to the court to obtain an immediate judgment, would that be another claim and more cost?
I guess my overall point is, given he has failed to do anything he said he would so far, isn't it just easier and safer for me to go ahead with the court hearing and get everything, including any repayment plan agreed there?
He has never disputed the arrears and I don't believe he will. In all our exchanges of emails about this he has always accepted he owes me the money. I guess he may try and argue about interest and costs of section 8 notice etc. but probably not.
However, it is quite possible that he will leave the property just before the next month's rent is due on 23rd March, but as he has a 12 month tenancy agreement with me, I would wish to also claim that months rent as it will be impossible for me to re let by then. I guess he's unlikely to agree to that.
Anyway, I don't think he will respond to the court hearing papers with a defence, but may propose a payment plan. He has just come back to me saying he will be leaving the flat shortly and would then like to agree what is owed and agree a payment plan (he says he should be able to pay £80 per week).
As I mentioned before, he has told me he would leave on several occasions and hasn't and has also said he would pay me some of the arrears, which he hasn't.
As this is an entirely on line possession claim, I assume he will respond to the court saying he would like to agree a payment plan, but he hasn't done yet. I would be happy with £80 per week but would prefer the court makes an official judgment on that rather than me trying to do it with him separately. Assuming he does offer something like that when he responds to the court, will they contact me to see if I will agree or how would that work? Time is obviously running out before the court hearing on 3rd April. Any further advice you can give me would be much appreciated. Thanks, Chris
Ok thanks for your help, Chris