Question

Preventing Controlling and Recovering Rent Arrears (England) | Tenant Obligations (England)

Money judgment for arrears and damage

10 Mar 2017 | 2 comments

Hi

I have obtained an accelerated possession order and now want to make a money claim for rent arrears and damage caused to property.

What evidence do I need to file to prove damage to property?
Also, I want to speed things up by asking for a summary judgment. If I combine the arrears and damage in one claim, will this stop the court giving a summary judgment. Is it better to make a second claim for damages?

Thanks.

Answer

2 Comments

  1. guildy
    guildy on 10/03/2017 at 2:29 pm

    The rent will be straight forward as you will just need your rent schedule.

    The proof for damages would ideally consist of inventory going in and inventory going out (comparing the differences) and then invoices for the works you’ve done and the money spent.

    Summary judgment is only available if the tenant fails to respond. If they do respond (and query the amount), it will go to trial where the evidence will be produced and a judge will decide based on the evidence presented.

    Please see here for small claims guidance.

  2. guildy
    guildy on 10/03/2017 at 2:29 pm

    Sorry, just to confirm, you would be best combing both and arrears in one claim as it will save on court fees.

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