Council Bonds and S21 Court Costs

by Readers Question

14:35 PM, 18th September 2019
About 4 weeks ago

Council Bonds and S21 Court Costs

Make Text Bigger
Council Bonds and S21 Court Costs

I am in the process of evicting a tenant with a Section 21. The council told the tenant to stay put after the Section 21 expiry date (typical), so forcing me to pay up £355 to send it all off to court to progress to possession.

My question is: Getting the £355 costs from the tenant after the possession is going to be impossible, BUT if the Council have told him to stay and as a result I had to pay to progress the eviction, could the £355 be taken out of the Bond money once he has left?

Has anyone any experience of tying to get back the possession order costs other than through the tenant?

Many thanks

Jennifer



Comments

Binks

19:08 PM, 18th September 2019
About 4 weeks ago

Do you have a clause in your Tenancy agreement allowing you to recover costs of recovering possession of the property from your tenants? If so, you should be able to ask the court to order a retention of part of the Tenancy deposit to cover your Court costs. We got the entire deposit awarded to us by the court in part satisfaction of rent arrears and costs (under Section 8), so I can’t see why the same shouldn’t be possible for you. The deposit scheme then has no choice but to return that amount to you before returning the rest (if any) to the tenant.

Jan Martin

12:34 PM, 19th September 2019
About 4 weeks ago

Reply to the comment left by Binks at 18/09/2019 - 19:08
I myself have taken costs from bond no problem.

RONNIE ADERIANWALLA

12:37 PM, 19th September 2019
About 4 weeks ago

There is generally a tick box in the S21 to claim the money back from the tenant. On the notice of granted possession from the court the court always write to the tenant ( you get a copy as well) to pay the court amount to the landlord. If the tenant doesn't pay ; You can do a MCOL. Which will again cost money. This will give the tenant a ccg. If the the tenant is working there will be a proportion deducted from the salary and directed to you.

terry sullivan

12:49 PM, 19th September 2019
About 4 weeks ago

also report the council to the local govt ombudsman

Binks

12:56 PM, 19th September 2019
About 4 weeks ago

Reply to the comment left by RONNIE ADERIANWALLA at 19/09/2019 - 12:37Your last sentence is somewhat misleading. An existence of a CCJ doesn’t mean that an amount will be deducted from an employed debtor’s salary. An attachment of earnings, which is what you are referring to, is only one mode of enforcement and has to be applied for and ordered after the CCJ was issued (at further cost to the creditor).

Binks

12:57 PM, 19th September 2019
About 4 weeks ago

Reply to the comment left by Jan Martin at 19/09/2019 - 12:34
Yes it’s an option, but if the tenant contests it, you are depending on the deposit scheme arbitration to rule in your favour. I’d say having a court order is a safer bet.

Clint

14:02 PM, 19th September 2019
About 4 weeks ago

I have many a time requested that the deposit be used in lieu of rent arrears and this has always been granted by the judge.
When you say "Bond Money", do you mean a bond provided by the council or are you referring to the deposit. If it is a bond from council or other body, I don't believe you normally request the judge for this but if ordered by a judge then, I cannot see how the council can argue with this however if not ordered, I think you would have to argue the point with the council who I don't think would be cooperative considering that they are the ones that would have to pay out. I guess you could report them to the Local Government Ombudsman.

Michael Barnes

0:58 AM, 20th September 2019
About 4 weeks ago

Ask the judge to order that the awarded amount is to be paid from the bond.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

New national model for shared ownership

The Landlords Union

Become a Member, it's FREE

Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agents

Learn More