Landlord Solicitor

Registered with Property118.com
Thursday 2nd November 2017


Latest Comments

Total Number of Property118 Comments: 7

Landlord Solicitor

14:33 PM, 6th October 2021, About 2 weeks ago

Unless 3 x the deposit is more than the small claims limit the Part 36 offer is a bluff

The point is the claim must and will as a matter of practice, be brought under Part 8 as required by CPR PD 56.2 and not Part 7.

56.2 – STARTING THE CLAIM
2.1 Subject to paragraph 2.1A, the claimant in a landlord and tenant claim must use the Part 8 procedure as modified by Part 56 and this practice direction.

As a result the claim will automatically be considered as allocated to the multitrack pursuant to CPR 8.9C;

8.9 Where the Part 8 procedure is followed –
(c) the claim shall be treated as allocated to the multi-track and therefore Part 26 does not apply.

Part 26 which sets out the normal allocation principles and factors you have referred to i.e. value etc. do not apply to Part 8 claims by virtue of CPR 8.9c above.

Accordingly the claim will on the face of it be cost bearing regardless of value and the opportunity to reallocate the claim may not come up at all. You would be left having to argue at the end of a case that a claim that concluded whilst allocated to the multi-track should not be cost bearing.

If the court can be persuaded to conduct an allocation hearing and reallocate then the points you raise as to value and complexity would be relevant but there is additional cost and risk seeking reallocation within proceedings.

I would therefore treat Part 36 offers with caution and not forget that the landlord can equally make cost bearing Part 36 offers to put the tenant at risk of proceeding once a reasonable offer has been made.

If you have any judgments or experiences to the contrary to share I would welcome them rsp@mp-law.co.uk... Read More

Landlord Solicitor

14:34 PM, 5th October 2021, About 2 weeks ago

Unless 3 x the deposit is more than the small claims limit the Part 36 offer is a bluff

However these claims if issued are usually allocated to the multi track and are costs bearing as the Tenant's solicitors will argue that as deposit claim is a landlord and tenant matter, it must be brought as a part 8 claim pursuant to CPR (56PD para 2.1) and as such:
a. It is treated as being allocated to the multi-track (CPR 8.9 (c)) and part 26 (allocation based on value) does not apply;

So unfortunately the costs risk remain real and prompt legal advice should be sought.... Read More

Landlord Solicitor

19:00 PM, 12th January 2018, About 4 years ago

Evicting tenant's girlfriend?

Reply to the comment left by Chris Daniel at 12/01/2018 - 18:37
I agree debt recovery is largely down to the circumstances of the tenant and a tenant unable (rather than just unwilling to pay) is likely to lead to good money being thrown after bad. The important thing is to act quickly before rent arrears accrue, be it independently, via an eviction company or a reasonably priced solicitor!... Read More

Landlord Solicitor

11:37 AM, 12th January 2018, About 4 years ago

Evicting tenant's girlfriend?

Reply to the comment left by David Price at 12/01/2018 - 10:57
Police could be a potentially effective first port of call but I can foresee some difficulty where the original tenancy has not been terminated and she has not forced entry in anyway and is not your traditional squatter.

I agree that in other circumstances where the tenant has gone you can make a pragmatic call as to whether they are coming back or not (and deem their actions to be a surrender of the tenancy subject to some albeit minimal risk) but if the tenant or other occupant remains in in occupation without paying the rent a landlord will lose a lot more than the cost of the legal fees by not taking decisive legal action at the earliest opportunity (whether via a solicitor or not).... Read More

Landlord Solicitor

10:24 AM, 12th January 2018, About 4 years ago

Evicting tenant's girlfriend?

Speaking as a solicitor and landlord I would ensure that the original tenancy has been terminated first by way of S8 or 21 proceedings and obtain an order for vacant possession and then enforce by way of eviction with bailiffs or high court enforcement officers if the order is not complied with, that way you are not dependent on the tenant, don't have to mess about with perilous abandonment procedures and have direct control of the outcome.

As previously commented I would recommend taking professional advice (but I would say that ;-)!... Read More