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Question

Responsibilities and Liabilities (England)

County Court Claim filed by tenant for inconvenience money

9 Sep 2016 | 1 comment

A tenant has filed a claim with the court for inconvenience money. We came to an agreement this week that we would offer a part payment – about 80% – to settle out of court. Tenant agreed to this. I made arrangements to go to property tomorrow moring and pay this. Tenant is now saying she cant do tomorrow morning and is insisting I go there tonight – which I cannot and wont do. She has now said that her offer to accept cash and drop claim was only if it was paid by tonight.

My question is, if it goes to small claims can we pay her off in instalments or will court insist on one full payment?

Thanks

Lara

Answer

1 Comment

  1. guildy

    This is really hard to know for sure. However, as a general rule the default position is that amount is payable in full within so many days (commonly 14 days). Then, the person can apply to pay by instalments which could be done at a separate hearing. This would be based on the persons income, expenditure and affordability.

    I think an offer of instalments could be made at the hearing and then if everybody agreed at the time, it could then become part of the order.

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