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Question

Landlord Wants Tenant to Leave (England) | Preventing Controlling and Recovering Rent Arrears (England)

Section 8 and existing money claim

5 Sep 2017 | 1 comment

Dear Guild
I have a tenant on an AST who is 2+ months in arrears. I have raised a Money Claim online through the government website which she has ignored. I have not gone any further with the money claim (baillifs etc), and will probably ‘set aside’ the claim as I don’t stand much chance of recouping the money.

You recently advised that I cannot claim twice for the same amount so, if I issue a section 8, do I just claim the difference between the money claim amount and the most recent arrears (this will not equate to 2 months rent), or can I ‘set aside’ my original money claim and claim the whole amount of arrears when issuing the section 8?
I plan to issue a section 21 at the same time.
Many thanks

Answer

1 Comment

  1. guildy

    I presume from what you’ve described that you have an actual judgment for the amount and it’s just that which has not been chased further.

    For the section 8 notice itself, you can just carry on as normal and follow the wizard. When it comes to the court form it could get tricky though. You can still obtain possession on the grounds of the unpaid rent so it’s just the judgment element that can’t be duplicated.

    There is a box where details of other claims should be inserted and the details of the money claim will be inserted there. You will also likely need to edit the form near the end where you seek judgment for the arrears. This is where you just want a judgment for any amount due since the money claim.

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