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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 28927
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have made a money claim against a tenant. I have a

Customer Question

I have made a money claim against a tenant. I have a possession order dated 15th February 2021 for her to leave on the 5th.
JA: Where are you? It matters because laws vary by location.
Customer: Streatham London
JA: What steps have you taken so far?
Customer: I have filled the claim for £9,163.82 including the £6,681.44 arreas, Court fee £355, Money Claim fee £410, legal and agency cost to evict her £1,038 and £376.50 (there is a clause in the rental agreement to recover those costs) as well as £302.88 interest (calculated on the base of 10% annual)
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: All that information is true and probable (bank statements, agency communications, WhatsApps, etc( also
Submitted: 11 days ago.
Category: Property Law
Customer: replied 11 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 11 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Joshua replied 11 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

how may I assist with the above please? Do you have some queries in relation to the eviction process for example?

Customer: replied 11 days ago.
She claimed to earn £70,500 as Clinical Director In-Centre & Online (final-report-HLT2381923-17-01-2020-12-24-52.pdf)We signed an agreement on 22nd of January 2020 (AST*****pdf) Rent is £1,750 pcm.On 25th April 2020 she asked to pay £1,250 during 3 months but it was clear that afterwards she will have to paid the owned amount.When the three months passed she wanted to extend the period but I said no and asked her to pay the rent in full. She started receiving Universal Credit on August 2020.At this point, I realised this person was going to be a very difficult one to deal with so I passed the flat management to an agency (Holmes https://www.holmesestates.com).On the 11th of August served her a 3 months notice (SKM_C30820081016291.pdf) for her to leave on the 12th of November. First she said she was planning to leave but when the date came she stayed.I filled a Possession order.

In December the agency managed for UC to pay directly to us £1,675.

On the 29th of January the agency managed to get an arreas paying plan from her where she promised paying £250 to settle the arreas. She partially honor that agreement.

The Court decided on the 15th of February. The judge decided for her to leave on the 5th of March. She appealed and there was a telephone hearing which she did not attend and the sentence stayed.On the 10th of March we received the last payment from Universal Credit because she changed the payments to her directly. Attached is an accurate payment record (Curent arrears 25.04.pdf).

She has a working online business (online booking https://calendly.com/emmawallen/online-session?back=1&month=2021-05) charges (https://www.emmawallen.co.uk/fees) and is still receiving £1,675 from UC.

I need advice with my steps going forward because she is devious and lie to the face.
Expert:  Joshua replied 11 days ago.

thank you. How may I assist you on the above? Do you have some questions you would like addressed?

Customer: replied 11 days ago.
Hello, the next step is to give her an answer to her response. My intention is to rejected it, the figures she has provided regarding the UC and arreas are wrong. She wants to go to a free settlement call but I am afraid she will play the single mother with three kids card and they are going to believe her. What do you think?Also, I would like to be sure the tenancy agreement allows me to charge her the legal and agency costs as well as the 10% annual interest.Here are some terms from the agreement:1.7 Rent
1.7.1 The Rent shall be £1,750.00 per calendar month from the 25th January 2020.
1.7.2 The rent shall be paid clear of all deduction and set off whatsoever to the Landlord’s Agent by banker’s standing order.
1.7.3 The first payment of £1,750.00 being due on the 25th January 2020
1.7.4 Thereafter the “Rent Due Date” will be the 25th day of each calendar month during the Term of this agreement.
1.7.5 Overdue rental payments will be subject to interest at the rate of 10% per annum calculated from the date the payment
was due up until the date payment is received.4.1.11 Pay all costs of the Landlord or the Landlord’s Agent in respect of any application for any consents under any of the provisions of this tenancy.
4.1.12 Pay to the Landlord upon an indemnity basis all legal and other costs and disbursements and VAT where appropriate incurred by the Landlord in enforcing or attempting to enforce (whether by legal process including distress or by correspondence or otherwise) the provisions of this agreement (including without prejudice to the generality of the foregoing) recovering rent or other monies payable hereunder or recovering
4.1.13 Possession of the Property for any reason whatsoever or any other action arising out of any breach, non-performance or non-observance by the Tenant of the provisions of this Agreement and to indemnify and keep indemnified the Landlord against such costs.
Expert:  Joshua replied 11 days ago.

thank you. I note you have applied under accelerated possession following the service of section 21 notice. Accordingly, providing your notice and associated documentation is in order, and the court found that it was, the court cannot use its discretion to refuse possession. it can give a teenant up to an additional 42 days on grounds of exceptional hardship if the tenant is able to convince the court in this regard. In terms of a response, it would be important to correct any errors in relation to rent payments that she has presented. You can also present an argument as regards ***** ***** does not apply if you consider this to be appropriate.

in relation to fees set out in the tenancy agreement, the tenant fees act has placed severe limitations on what fees a landlord can charge. The interest payments set out in the tenancy agreement is regrettably unenforceable as a prohibitive payment as the limit of interest authorised by the tenant fees act is a maximum of 3% above the Bank of England's base rate. in respect of actual genuine costs you have incurred as a result of breach of contract on the part of the tenant, these are not bound by the tenant these act but any such costs must be genuine costs necessarily incurred. Legal costs can be awarded at the discretion of the court but are normally not awarded in relation to possession claims

Customer: replied 11 days ago.
Thanks, ***** ***** holding £2,019.00 as deposit. What can I do to be sure I keep that money?
Expert:  Joshua replied 11 days ago.

this can bee dealt with through possession proceedings under the accelerated route. Instead, you would need in default of any agreement in this respect to either use the alternative dispute resolution processes available through the deposit protection service alternatively, would need to issue a part seven proceedings in the County Court to make a recovery and to the extent the deposit is lodged with a deposit protection service, also apply as part of that claim for an order that the deposit protection service releases that deposit to you.

https://www.gov.uk/make-money-claim

Customer: replied 7 days ago.
How much time do I have to answer to Ms Emma Wallen? She answered last Wednesday
Expert:  Joshua replied 6 days ago.

May I clarify - answer her in relation to what please? Your court claim or something else?